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)
city of Ankara, the capital, where there is a camera tracking
system for vehicles all over the city. In one case the vehicle
operated by the disappeared person was found 4 days later, but
there was no investigation. No camera recordings were taken
from the nearby places where our missing relative`s car was
found. As regards the court system, the families in Turkey feel
that they were only an extension of the executive, as even the
judges with high powers did not use those powers to properly
handle the cases of enforced disappearances. Because of the
political pressure from the executive, five of the families outside
Turkey are of the view that even though the courts have the
necessary means to handle disappearance cases, they even
rejected investigations into the enforced disappearance. Five
other families outside Turkey were of the view that the courts did
not have the necessary means to handle disappearance cases. Four
families outside Turkey replied that this question was not
applicable to their case or did not respond to this particular
question.
ICJ
No measures have been taken.
82. Prosecute all cases of enforced
disappearance, regardless of the perpetrator
and of the time when they were committed.
Paragraph 32
Ministry of Justice
35
Law enforcement officers, on the other side, are obliged to notify
immediately the incidents they have handled, the individuals who
have been apprehended, and all the initial measures taken to the
Dismally low prosecution and
conviction rates have fostered a
widely perceived culture of impunity.
The Working Group reiterates that the
termination or suspension of the
criminal investigation regarding an
alleged enforced disappearance does
not release the State from its
obligation to search, locate
and
A/HRC/45/13/Add.4
Public prosecutor who bears the main responsibility to ascertain
the material truth may conduct any kind of examination either
directly or through law enforcement officers under his command
and demand all kinds of information needed in the course of
investigation from all public servants, public and private
institutions. Written requests of public prosecution units for
information during pending investigations have to be responded
within a certain period of time, as stipulated in the article 322 of
the CCP, non-compliance of which can give rise to criminal
liability, an infringement of the article 257 of the Turkish Penal
Code (TPC - no:5237).
The Working Group notes with
concern that Turkey continues to
apply a statute of limitation period of
20 years for crimes under which
enforced disappearances are usually
investigated and prosecuted.
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