Recommendations
A/HRC/33/51/Add.1
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)
and to the independent investigation of all alleged cases of
extrajudicial killings by security and law enforcement officers. 30
ICJ
There is still no policy adopted to address disappearances. There
is no extrajudicial mechanism to search for those who have
disappeared.
72. Ensure the proper investigation of
existing burial sites, the proper preservation
of the sites and the protection of the
samples’ chain of custody.
Paragraph 24
Ministry of Justice
While the onus in collecting and securing evidence both in favor
and disfavor of the suspect is on the public prosecutor, all
allegations of enforced disappearances and burial sites have been
taken seriously by prosecution authorities and forensic
examinations where necessary have been meticulously carried
out by expert teams. Turkish Ministry of Justice (MoJ) issued a
circular on 20 Feb 2015 reminding investigation teams of
technical prerequisites for such examinations including securing
of the samples' chain of custody.
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
Bodies of many disappeared persons remain missing and a
mechanism has never been established to search the remains.
According to the data of Hakikat Adalet Hafıza Merkezi (Truth
Justice Memory Center), the bodies of 289 of them are still
missing. Although a few exhumations were conducted on burial
sites within the scope of some of the investigations into the
disappearances of the 1990s, which allowed the identification of
some victims, the methods used during the excavations was not
in line with the principles set out in the Istanbul Protocol and the
Minnesota Autopsy Protocol. The authorities failed to maintain
European Commission, Turkey 2019 Report, 29 May 2019 https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529-turkey-report.pdf accessed 11
February 2020.
23
A/HRC/45/13/Add.4
30
While the Working Group notes the
information provided by the Ministry
of Justice, it remains concerned that
the enforcement of relevant legislation
and the compliance with international
standards in the search, storage, and
DNA-led human identification of
human remains is still lacking. It
therefore calls on the Government of
Turkey
to
closely
consider
information on burial sites collected
by civil society and to take appropriate
action. Furthermore, the Working
Group wishes to reiterate that the
application of statutory limitations to
cases of enforced disappearances does
not release Turkey from its obligation
to search for, locate and identify
disappeared person or his/her remains,
including their return to the relatives,
with due respect for cultural customs.
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