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) Human Rights Association Only a few of the cases involving enforced disappearances of the 1990s have been subject to prosecution. A total of 14 trials have been initiated for the disappearance of 81 persons. Three of them concerning the disappearance of three people were commenced and concluded during the 1990s. While two of these trials resulted in the conviction of low-level members of security forces, who received nominal and low sentences, the defendants were acquitted in the third trial. In 2009-2014, many years after the crimes occurred, 11 more trials concerning the disappearance of 79 persons were commenced days before the expiry of statutes of limitation. This was seen as an opportunity for truth and accountability at the time. However, after some years of significant efforts, the prosecutions were ineffective, so the trials were concluded in acquittals or the cases were terminated due to the expiry of statutes of limitation as of 2015. This radical shift raised the question of whether the judiciary was hindered by political interference of the executive. Up until today, while eight trials have resulted in the judgments of acquittal, two are still ongoing. Furthermore, regarding the recent developments in Turkey, a politics of impunity during the course of 2016 has also enabled the state to violate the rights under de facto unconstitutional conditions. The Governorship and District Governorship of various provinces have been pressured to issue and enforce curfews for months in response to state directives. This was done despite the fact that the state is granted no such express authority or jurisdiction in the 5442 numbered Provincial Administration Code, indicating conditions outside the bounds of the law. The lack of adequate investigations into these abuses implicating government officials has further emboldened the proliferation of these violations. The ruling party has further solidified these conditions of impunity through the passing of code 6722. According to Code 6722 announced on 14 July 2016, all investigations concerning violations committed by military and state security personnel must receive special approval, representing the codification of impunity into law. An Furthermore, the Working Group urges the Government of Turkey to take decisive steps in ensuring independence of the judiciary in line with international standards. A/HRC/45/13/Add.4 12 Recommendations A/HRC/33/51/Add.1

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