The Opinion of Turkey Tribunal
As an Opinion Tribunal, the Turkey Tribunal was mandated to assess and report independently on allegations of human rights violations taking place under the jurisdiction of Turkey. This Opinion is not legally binding but may serve as a source, with moral authority, for raising awareness. Indeed, silence is the greatest enemy of fundamental human rights.
The Opinion of the Tribunal is based on international and European human rights law and on the information made available to the Tribunal by Expert Rapporteurs and the testimony of witnesses.
The Expert Reports presented to the Tribunal were thorough, detailed and comprehensive. They contained highly valuable information. The Opinion of the Tribunal is based the totality of information that emerged from the reports and the oral testimony.
To the extent that the government of Turkey might have been in a position to place before the Tribunal information or submissions relevant to the Tribunal’s mandate, it is unfortunate that it chose not to do so.
Thus, the Tribunal is of the view that the acts of torture and enforced disappearances committed in Turkey, in applications brought before an appropriate body and subject to the proof of the specific knowledge and intent of the accused, could amount to crimes against humanity.