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)
Party shall take appropriate measures
in this regard.” (A/HRC/16/48, p.13)
Justice
80. Guarantee that criminal investigations
into enforced disappearances are carried out
from the beginning by highly professional
and independent teams of prosecutors,
investigators and forensic experts.
Paragraphs 29-34
Ministry of Justice
Rules and procedures regarding judicial investigations, as well as
duties and powers of public prosecutors, are regulated by the
Code of Criminal Procedure (CCP - no:5271). According to the
article 160 of the CCP, public prosecutor is entrusted with the
task of initiating investigation as soon as s/he is informed of a fact
bearing an impression that a crime has been committed.
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
Since the investigations into enforced disappearances are
investigated under other criminal offences, no special unit has
been established to carry out the criminal investigations into
enforced disappearances.
Human Rights Association
The Working Group remains
concerned at the apparent lack of
independence and impartiality on the
part of prosecutors and investigators
leading the investigations into alleged
cases of enforced disappearance,
which ultimately hampers the
effective delivery of justice. In this
regard, the Working Group recalls
article 15 of the Declaration on the
Protection of All Persons from
Enforced
Disappearance,
which
stipulates that each State shall ensure
that the competent authority shall have
the necessary powers and resources to
conduct the investigation effectively.
Moreover, no measure shall be taken
to curtail or impede the investigation.
No criminal investigations concerning enforced disappearances
have been carried out from the beginning by highly professional
and independent teams of prosecutors, investigators and forensic
experts. Forensic experts were involved in the investigation in
only one case.
31
Family members in Turkey (2) and outside Turkey (14) concur
that the Government of Turkey or other governments did not
carry out any professional criminal investigation into the
disappearance of their loved ones. According to most of the
A/HRC/45/13/Add.4
JWF – IAHRA Geneva
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