84. Take appropriate measures to fully ensure the protection of relatives and witnesses throughout the proceedings, including by fostering conditions and providing incentives to encourage more witnesses to furnish crucial information. Situation during the visit A/HRC/33/51/Add.1 Paragraphs 23, 40-41 Measures taken/current situation Level of implementation and observations (to be completed by the WGEID) Workers’ Party (PKK). However, the trials have resulted in the judgements of acquittal so far. JWF – IAHRA Geneva Family members of the victims, inside and outside Turkey, all concur that the government did not investigate the perpetrators and instigators of enforced disappearance, including those hierarchically higher in the chain of command. ICJ As noted that there has not been any conviction in enforced disappearance cases since the WG’s last visit. Ministry of Justice available to them to bring to justice all persons presumed responsible for an act of enforced disappearance, who are found to be within their jurisdiction or under their control. During investigation and prosecution phases authorities have sufficient means and resources to encourage witnesses to participate in legal proceedings and to protect both witnesses and relatives of victims by covering some expenses and initiating protection programs where it is deemed necessary. Article 58 of the CCP in general and the Law on Witness Protection (no:5726) in detail envisage principles and procedures regarding the protection of witnesses at risk in criminal proceedings. According to the Article 5 of the Law, issuance of critical documents (ID cards, social security information, passports, tax registration information, criminal records and university diplomas) under a new name and maintaining the secrecy of new identities, financial help, domestic or international relocation assistance and the changing of school or workplaces as well as altering physical appearance with or without plastic surgery are all cited within the scope of the protective measures. Truth Justice Memory Center - the Human Rights Joint Platform – Human Rights Watch There has been no progress in this regard. JWF – IAHRA Geneva The two families in Turkey stated that no protection against possible reprisals by perpetrators was provided, because in fact the perpetrators are agents acting on behalf of the government. In addition, no incentive was provided to come forward and furnish The Working Group notes from the government’s observations that protection programmes have been put in place. However, reports suggesting that family members have been denied access to case files or court proceedings are worrisome and should be investigated appropriately. In this respect, the Working Group emphasizes the obligation of Turkey to ensure that all involved in the investigation, including the complainant, counsel, witnesses and those conducting the investigation, are protected against ill-treatment, intimidation or reprisal. In the same manner, as stipulated by article 13 of the Declaration, Turkey should ensure that any ill-treatment, intimidation or reprisal or any other form of interference on the occasion of the lodging of a complaint or during the investigation procedure is appropriately punished. A/HRC/45/13/Add.4 38 Recommendations A/HRC/33/51/Add.1