delays and improve access to justice for
families.
86. Guarantee access to justice for relatives
when the cases of their loved ones are
moved to geographically distant courts,
including by considering reimbursing
expenses incurred for attending the
hearings.
Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
Level of implementation and
observations (to be completed by
the WGEID)
As the principle of natural judge is clearly stipulated by the
Article 37 of the Turkish Constitution, everyone has the right to
be tried before competent courts legally designated. As per the
relevant provision of the CCP, the court in whose district the
offence has been committed, as a rule, has jurisdiction over the
case.
hopes that it will be adequately
enforced for all victims and their
families without discrimination.
However, transferring of cases to an equivalent instance court of
another judicial district has been made possible by the law if only
compelling reasons require such action. Article 19 of the CCP
provides for that if competent court is, on either legal or factual
grounds, hindered from exercising its duties or if conducting the
prosecution before the competent court would be endangering the
public safety, the case could be assigned to the court of another
district. The crux of the matter is the power to take such decisions
which is all up to judicial authorities, apart from any
administrative intervention.
Notwithstanding the exceptional nature of transferring cases to
other courts, Turkey has most recently taken necessary steps in
ensuring victim's and others right to effective access justice, by
amending the article 234 of the CCP, titled "Rights of victim and
complainant". Lately introduced paragraph within the
aforementioned article envisages the total expenditure on travel
and accommodation as well as daily allowance for food to be
reimbursed by the MoJ, in case of the trial has been transferred to
another district.
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
With the Omnibus Law No. 7188 dated 17 October 2019, which
took effect on 24 October 2019, Article 234 of the Code of
Criminal Procedure has been amended. As per this amendment,
the accommodation, food and transportation expenses of the
victim will be reimbursed through the Ministry of Justice’s
budget in case of the victim travels to a place other than his/her
residence due to the transfer of the trial or forensic procedures,
during the investigation or prosecution proceedings. However,
considering the connection with the transfer of trials to other
As suggested in the mission report, the
authorities should transfer trials to
geographically distant courts as a
measure of last resort, while
considering adverse effects this
practice has on access to justice for
relatives of the disappeared.
A/HRC/45/13/Add.4
40
Recommendations
A/HRC/33/51/Add.1
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