When
attempting to obtain information about the whereabouts of their children,
parents of missing servicemen encounter legal obstacles; they are not
acknowledged as victims within the framework of existing legal regulations
concerning criminal proceedings. Seeking solutions to this issue, they have
reached out to the Human Rights Defender.
Considering
the continuous applications from parents of servicemen concerning the matter of
being recognized as victims in criminal proceedings, and recognizing the
sensitivity and significance of this issue in terms of human rights protection,
the Defender has opted to release her legal stance on the aforementioned
matter."
The
Defender presented her position, taking into account both constitutional and
international legal frameworks. Comprehensive analyses of international
standards and judicial precedents were conducted in the process.
In
this context, the Human Rights Defender records that the state bears a direct obligation
to ensure the sufficient involvement of the victim (or the victim's successor)
in the trial process, establish legislative and administrative frameworks for effective
protection, and more.
The
defender emphasizes that no legislative regulation can be applied and
interpreted in such a way that will lead to the violation of the fundamental
rights of a person. This principle also applies to situations where we are
dealing with incomplete legal regulations or lack of relevant regulations.
The
relevant international standards indicate that the relevant legislation should
be interpreted in a manner that the parents of missing servicemen have the
opportunity to be involved in criminal proceedings concerning their children as
victims.
The
conclusions and recommendations developed on the basis of the analysis were
earlier sent to the competent bodies.
The complete
legal position of the Human Rights Defender is available here.
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