The Impunity Problem: Investigation Process

23/12/2015
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2014

Cezasızlık Sorunu: Soruşturma Süreci

Gülşah Kurt

Nazım Dikbaş


The report “The Impunity Problem: The Investigation Process” has been prepared as a contribution to previous work researching the relationship between the impunity problem in Turkey and corresponding regulations.

In order to carry out a detailed examination, the report focuses on the criminal investigation stage, and assesses this stage within the following scope in terms of the independence, impartiality and effectiveness of the investigation:

  • The determination of the deficient, faulty or problematic areas of laws and their implementation as well as the mentality of judiciary power was an aim;
  • A comparative analysis of the rulemaking of administration, legal amendments and old and new regulations was carried out;
  • An analysis of the verdicts of domestic courts and ECHR verdicts and consideration of the issue in international legal documents including the Turkey reports of international human rights organizations was conveyed.

This summary, in addition to proposals of legislative changes included in the report, also touches upon the outlines of solution proposals aimed at the interpretation and implementation of existing legislation.