Recommendations
A/HRC/33/51/Add.1
Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
61
A/HRC/45/13/Add.4
the basis of pluralism and among the persons having knowledge
and experience in the area of work of the Institution.
Overall, independency and the autonomy of the Institute has not
been safeguarded.
TIHEK became operational by November 2017 following the
publication of the implementation regulation.
Although having the duty to “investigate, decide, and follow up
on human rights violations ex officio” as identified in the
founding Law of TİHEK, there has been no work carried out
concerning
allegations
about
“short-term
enforced
disappearances” which have been reported on by Human Rights
Watch, Ankara Bar Association, Human Rights Association and
Rights Initiative Association and are described in detail in the
commentary responding to the Working Group’s first
recommendation (see page 1 of this document). TİHEK does not
have enough staff, experience, budget and necessary power to act
as an independent National Preventive Mechanism as identified
by the Optional Protocol of the CAT.
Human Rights Association
The problems that form the basis of our critique of the Human
Rights and Equality Institution of Turkey (TİHEK) authorized as
the “National Prevention Mechanism” which is supposed to be an
effective and significant instrument for the prevention of torture
have also remained the same as of 2019. No steps were taken to
make TİHEK operate in line with the Paris Principles and
OPCAT provisions. Functional and financial independence
problems, which are among these foremost principles, have yet
to be resolved. There are principal and methodological errors in
the visit reports issued by the institution as well. İHD and HRFT
are of the impression based on these reports issued in 2019 that
preventive visits to detention centres did not bear the minimum
standards and that these visits were paid only as a formality.
JWF – IAHRA Geneva
The Law on Turkish Human Rights and Equality Institution of
April 20, 2016 provided for a new body, which is fully dependent
Level of implementation and
observations (to be completed by
the WGEID)
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