Memorandum on the Human Rights Implications of Anti-Terrorism Operations in South-Eastern Turkey

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2016

Nils Muižnieks, Council of Europe Commissioner for Human Rights

momerandumen“Following a brief introduction, Part I of this memorandum reviews the use of curfews in SouthEastern Turkey, including their legality and the proportionality of both the curfews and the antiTerrorism Operations. Part II then reviews the human rights violations caused by curfews and recent anti-terrorism operations in the South-East, including those resulting as a direct effect of curfews and allegations of serious human rights violations due to the conduct of security forces. Part III examines the need for effective investigations and the risk of impunity, focusing first on standards and principles deriving from the European Convention on Human Rights (ECHR), then on shortcomings in the Turkish system identified by the European Court of Human Rights (ECtHR, or the Court) and by the Commissioner and finally on specific findings concerning the effectiveness of investigations with respect to the curfews and anti-terrorism operations. Part IV deals with the need for redress and compensation and is followed by the Commissioner’s conclusions and recommendations. Unless explicitly stated otherwise, the information included in the present memorandum was obtained during the Commissioner’s visit in April.”