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)
families, the perpetrator was the government and it cannot thus
investigate itself. In a case of a family of four abducted from
abroad and forcibly transferred to Turkey one of the perpetrators
was with one of the victims during the transfer from Istanbul to
Ankara police station. Another perpetrator even attended their
court hearing personally.
LLG – TGRLSP
There are mounting case studies that evidence the lack of proper
investigation by the Turkish Government into criminal
complaints.
Victims of enforced disappearance and their families do not have
adequate access to the investigation case files, and they are not
sufficiently informed about the process. Several military officers
were tried in domestic courts on charges of state crimes including
enforced disappearances during the 1990s. However, the cases
were transferred to remote towns due to “security reasons” 37
which impeded participation in the proceedings by relatives and
lawyers of the victims.38 In most of the cases the panel of judges
and prosecutors were changed several times; the defendants were
released one by one, considering their extensive period of
incarceration. The majority of these cases have ended with the
acquittal of all the defendants.39
The joint report by three prominent NGOs in Turkey, Insan
Hakları Dereği, Hafıza Merkezi and Insan Hakları Vakfı,
provides an analysis of 115 investigations into the killings
37 Hafiza Merkezi, Any Hopes For Truth? A Comparative Analysis Of Enforced Disappearances And The Missing In The Middle East, North Africa And The
Caucasus, 1 March 2019. < https://hakikatadalethafiza.org/en/kaynak/any-hopes-for-truth-a-comparative-analysis-of-enforced-disappearances-and-the-missing-in-themiddle-east-north-africa-and-the-caucasus/> accessed 11 February 2020.
38 CoE: Commissioner for Human Rights, Missing Persons and Victims Of Enforced Disappearance In Europe: Round-Table with human rights defenders organised by
the Office of the Council of Europe Commissioner for Human Rights Strasbourg, 30 June and 1 July 2016, 22 February 2017.
39 Hafiza Merkezi, Any Hopes For Truth? A Comparative Analysis Of Enforced Disappearances And The Missing In The Middle East, North Africa And The
Caucasus, 1 March 2019.
A/HRC/45/13/Add.4
32
Recommendations
A/HRC/33/51/Add.1
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