Tahsin Acar v. Turkey
The Grand Chamber held that for a unilateral declaration to be deemed admissible in cases concerning persons who have disappeared and where there is prima facie evidence supporting allegations that the domestic investigation fell short of what is required by the Convention, the unilateral declaration must, at minimum, contain admission that the investigation fell short of what was required by the Convention and a commitment by the authorities to undertake an effective investigation under the supervision of the Committee of Ministers of the Council of Europe.
June 5, 2003
Facts of the Case
Mr. Mehmet Sali Acar was abducted from a farm by two plain clothed armed men who claimed to be policemen. Turkey had rendered a unilateral declaration under Article 37 of the Convention noting generally that it regretted the occurrence of the actions that had led the applicants to launch the complaint and it undertook to take all necessary steps to ensure effective investigations into alleged disappearances that were carried out by the authorities. This judgment deals with the Court's assessment of the admissibility of the complaint given Turkey's unilateral declaration.