Law No. 5468 Date: 1.3.2006 article 1-February 3, 2004 in New York, the "International Covenant on Civil and political rights, Optional Protocol Addition", with the approval of the statements and reservations.
Article 2-this law comes into force the date of promulgation.
Article 3-the provisions of this law, the Council of Ministers.
INTERNATIONAL COVENANT ON CIVIL and POLITICAL RIGHTS, OPTIONAL PROTOCOL to the United Nations General Assembly SUPPLEMENT 16 December 1966 and 2200 A (XXI) Decision No. accepted signature, approval and participation. Optional Protocol 9. in accordance to the article was enacted on March 23, 1976.
States parties to this Protocol, the International Covenant on Civil and Political Rights-related (hereinafter referred to say the contract) achieve their objectives and ensure the implementation of the provisions of this agreement for the purposes of the agreement IV. According to the Human Rights Committee established the section (hereinafter Committee referred to say), this Protocol is laid out in a contract, such as claiming to be victims of a violation of rights of individuals from the appropriate authority to receive complaints and reviews taking into account that the recognition;
Agreed in the following provisions: article 1 of the Convention which become parties to This Protocol, a State Party, subject to the authority and its sovereignty in the contract that States parties of the rights held by individuals claiming to do that someone is violating the Committee's authority and receiving complaints. The Committee is a non-party to this Protocol, parties to the present Convention State cannot receive the complaints made about.
Article 2 1. Subject to the terms of item, one of the rights set forth in the contract are included in that you claim has been infringed and all consuming individuals their domestic remedies, they can make a complaint in writing to the Committee for scrutiny.
Article 3 the Committee, this Protocol says the complaints of abuse of the right to complain is unsigned or is treated in the form of complaints or do not conform to the provisions of the Convention are unacceptable.
Article 4 1. The Committee, the third item under the terms of this Protocol says a complaint made to it, in violation of a provision of the Convention and this Protocol the State Party alleged to be sure.
2. Complaint State within six months, clarifying the event written descriptions or statements, if any, that may be taken to solve the incident by the State measures provides to the Committee.
Article 5 1. According to this Protocol, the Committee has received complaints, they offer their own State of individuals and interested parties in the light of all written information.
2. The Committee has received from an individual complaint is unable to detect that it has the following conditions cannot review: a) on the same topic in order to another international investigation or solution is not being reviewed;
all existing domestic remedies of Individuals b) is bored. The application of domestic remedies will be no longer reasonable to the extent that the fulfilment of this requirement if it is not required.
3. According to this Protocol the Committee examining complaints of closed meetings.
4. The Committee complained to the State parties concerned and individual vision of the world.
Article 6 the Committee of the Convention 45. to prepare the annual report according to article, this will include a summary of his activities, according to the Protocol.
Article 7 of the United Nations General Assembly, Granting of independence of Colonial Countries and Reports about their constituents why devoting about 14 December 1960 in resolution 1514 (XV), adopted by the fulfillment of the objectives of this Protocol for the duration of the wait, the provisions of the Charter of the United Nations to these people, the United Nations and other specialized agencies within the scope of the international conventions and documents does not limit any right of a recognized reference format.
Article 8 1. This Protocol is open to the States that signed the contract signature.
2. this Protocol, approved or acceded States the contract subject to approval. Consent documents are deposited with the Secretary-general of the United Nations.
3. this Protocol, the agreement approved or acceded is open to every State.
4. Appearances, participation of the United Nations of Secretary-general entrusted shall take from.
5. The Secretary-General of the United Nations, all States participating in the Convention this Protocol signed or deposited to the informs about each check or certificate of participation.
Article 9 1. This Protocol, depending on the entry into force of the agreement, the tenth instrument of ratification or accession must be deposited with the Secretary-general of the United Nations of three months later.
2. The tenth instrument of ratification or accession must be deposited with the document affirming this Protocol since the Protocol for each State, to be deposited with their instrument of ratification or accession shall take effect three months after the.
Article 10 the provisions of this Protocol on each side of the Federal States without any limitations or apply it threw.
Article 11 1. Changing the Protocol each State party to this Protocol, as can prepare a proposal and can transmit it to the Secretary-General of the United Nations. Secretary General, amendments to the States parties to the examination of this proposal, and voting in order to organize a Conference to report if they support to demand, this Protocol States parties. At least one-third of the States parties to organize such a Conference in support of a conference under the auspices of the United Nations Secretary General. Participating in the Conference and voting of extenuating circumstances accepted an amendment to States parties, for the approval of the General Assembly of the United Nations.
2. Identifying the changes, approved by the United Nations General Assembly and two-thirds of the States parties to this Protocol in accordance with its own constitutional procedures accepted by the then enters into force.
3. Protocol enters into force, the amendment changes that accept States mounts; other States parties with the provisions of the present Protocol and agree to change terms before they continue to be connected with.
Article 12 1. A State party is always addressed to the United Nations Secretary-general by submitting a written notification Protocol might indicate that your taken. Withdrawal is received by the Secretary General of this statement shall take effect three months later.
2. before the entry into force, withdrawal, Notification Protocol this Protocol 2. According to the implementation of the provisions of the Protocol to the complaint provided by the OSCE.
Article 13 of this Protocol the United Nations Secretary General 8. of article 5. According to paragraph 48 of the agreement without due to notification. the Assembly that is specified in the first paragraph of the article States that informs about the topics: a) confirms that the Eighth item in signatures, and they participate in;
b entering into force of this Protocol according to the ninth item) history and 11. entering into effect of the changes made to article history;
c) 12. According to the article withdrawal notifications.
Article 14 1. The original of this Protocol are equally Chinese, English, French, Russian and Spanish texts are stored in the archives of the United Nations.
2. The Secretary-General of the United Nations, approved by the instance of the Agreement this Protocol 48. forwards in the States.
REPRESENTATIONS of the FIRST DECLARATION: "The Republic of Turkey dec re-declares that the three declarations and the reservation made by the Republic to the International Covenant on Civil and Political Rights shall also apply to the present Optional Protocol on Civil and political rights, the Republic of Turkey," "International Agreement For three declarations and the reservation put in the contract that applies to discretionary Protocol." second DECLARATION : "The Republic of Turkey interprets article 1 of the Protocol as giving the Committee the compe really think to receive and consider communications from individuals subject to the jurisdiction of the Republic of Turkey who claim to be the vic tims of a violation by the Republic of any of the rights set forth in the Covenant."
"The Republic of Turkey, the first clause of the Protocol, any of the rights contained in the present Convention by the Republic of Turkey due to infringement claiming to be victims, depending on the jurisdiction of the Republic of Turkey take their complaints and investigations of individuals authorized in the form of comments."
-RESERVATIONS "The Republic of Turkey formulates a reservation is concern article 5 paragraph 2 (a) of the Protocol to the effect that the compe really think of the Committee: a) shall not apply to communications from individuals if the same matter has already been considered or is being considered under another procedure of international investigation or settlement.
b) shall be limited to the communications concern alleged violations which result either from acts, omissions, developments or events that may occur within the national boundaries of the territory of the Republic of Turkey after the date on which the Protocol re-enters into force for the Republic of Turkey, or from a decision its to acts, omissions, developments or events that may occur within the national boundaries of the territory of the Republic of Turkey after the date on which the Protocol re-enters into force for the Republic of Turkey.
c) shall not apply to communications by means of which a violation of article 26 of the International Covenant on Civil and Political Rights is reprimanded, if and insofar as the reprimanded violation refers to rights other than those guaranteed under the aforementioned Covenant. "
"Turkey Republic, Protocol 5/2 (a) the authority of the Committee to article no.: a) forwarded by individuals to close offending problem, solution or another international investigation is currently being examined by the procedure for situations already examined or not covered by the notification of a complaint, b) with respect to the Republic of Turkey of the Protocol comes into effect after the date on which the national of the Republic of Turkey can occur within the boundaries of the verbs, omissions, developments or events in relation to allegations of violations arising from complaints in terms of notifications or Protocol the Republic of Turkey after the effective date of the Republic of Turkey within the national borders that may occur in verbs , omissions, developments or events in relation to allegations of violations arising from a decision on the complaint is limited to declarations, the International Covenant For civil and Political Rights in c) is 26. of the complaints that you claim has been infringed, in that Agreement guaranteed rights in relation to allegations of a violation of rights other than cited in the direction of the reservations that are not covered by the complaint. "
Ghosh DEE Laws and decisions Director