Since 1995, İHD commemorates the period between 17-31 May as “Week of Disappearances”. Via these commemorations İHD’s aim was to remind “Disappearances” problem, which is one of the fundamental reasons for founding the association, investigation for disappeared people and to bring those responsible persons up for trial.
11 years passed, since 1995, unfortunately there are not any little improvements about “Disappeared People”. On the other hand during this 11 years period; Turkey’s candidacy to European Union was accepted, affiliated to EU some important steps taken on democracy-human rights issues, Human Rights-Freedoms talked more than past, it was reported that Copenhagen Political Criteria implemented completely, negotiations between Turkey and EU started, some regulations made that accept international law is a part of our domestic law. Unfortunately, during this same period neither any disappeared persons found nor an effective investigation conducted nor any responsible persons found and brought up for trial.
Indeed, there is not a real change in Turkey’s mail administration manner and order. Unless justice is implemented in a place, neither democracy nor human rights-freedoms can be mentioned. It is not possible that people feel themselves as free and in safe in a country in which justice does not work.
As human rights defenders, we will continue to be insistent on “investigations on disappearances and determining responsible persons to open court cases against them” since we believe that such an implementation will be the first step to make known this issue by society, to face up to our past and to bring justice in the country.
Any act of enforced disappearance is an OFFENCE TO HUMAN DIGNITY. It is condemned as a denial of the purposes of the Charter of the United Nations and as a GRAVE AND FLAGRANT VIOLATION OF THE HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS PROCLAIMED in the Universal Declaration of Human Rights and reaffirmed and developed in international instruments in this field… (Declaration on the Protection of all Persons from Enforced Disappearance Article 1.)
Each State shall take effective legislative, administrative, judicial or other measures to prevent and terminate acts of enforced disappearance in any territory under its jurisdiction (Article 3)
Acts constituting enforced disappearance shall be considered a continuing offence as long as the perpetrators continue to conceal the fate and the whereabouts of persons who have disappeared and these facts remain un-clarified (Article 17).
Human Rights Association calls for;
§ In accordance with UN Principles Government should open both administrative and legal investigations, even special regulations about “Disappearance”
§ Public prosecutors should open investigations about disappearances incidents, which are offence to human dignity in the international documents. Moreover, public prosecutors should not regard limitation of actions related with these incidents in consideration with the Article 90 of the Constitution.
Human Rights Association also suggests;
§ In accordance with “U.N. Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions” that adopted in 1989, “independent commissions to search realities” should be established. Non-governmental organizations’ representatives (doctors, lawyers, human rights defenders and intellectuals) should take part in these commissions in an effective manner.
HUMAN RIGHTS ASSOCIATION