Community and Legal Research Foundation has always been interested in the issue of internally displaced since its founding and has shown its sensitivity to the work done in this respect. For this purpose, free legal aid has been provided to victims of immigration through member and voluntary lawyers and counseling has been done.
According to the work of non-governmental organizations, two-and-a-half million people have been forced to migrate in the confrontational environment that has lived in Turkey in recent years. Increasing cases in Turkey's European Court of Human Rights have committed to the issue of internally displaced in the Accession Partnership, which the EU has not signed with the process. As a result of this, Law No. 5233 on Terrorism and the Fight against the Losses of the Struggle Against Terror was issued.
TOHAV has initiated a study on this draft law after the Government's Law No. 5233 on Terrorism and the Countermeasures against Damages Brought from Terrorism Struggles. 5200 on the drafting of the Law on the Protection of Harms Arising from Terrorism and Terrorist Struggle.
The complex nature of the legislation has left the need for legal aid for victims because of the lack of foreseeing the legal mechanisms for victims and the economic difficulties of the victims.
Based on this need, TOHAV has initiated free legal aid work for the victims under Law No. 5233. After the issuance of the law and related regulations, a commission consisting of voluntary lawyers was established. With this aim, firstly, meetings and seminars were held to inform the law and free consultancy services were provided for those who want to apply to the law.
Monitoring and reporting the implementation dimension of Law No. 5233
At the same time, the law number 5233 is followed through the application and shared with related institutions through the reports. As of December 2004, reports on the working procedures of the loss assessment commissions and the problems that arise in practice were prepared in March 2005 regarding the regulation 5233.
TOHAV Legal Service went to Diyarbakir, Batman, Siirt, Bitlis, Mardin and Elazığ in order to determine the working and working styles of the damage assessment commissions, the current level of application, the application phase and implementation problems between 29 August and 5 September 2005. In this framework, negotiations were held with commissioners, relevant NGO representatives, bar association representatives, lawyers and victims. The data from the interviews held in September 2005 were presented to the public with a report on the results, observations and evaluations.
A meeting was held with relevant non-governmental organizations and lawyers in Istanbul on the occasion of the decision of the Interior Court in the ECHR and the law numbered 5233 as an effective domestic remedy. On 25 February 2006, in the same vein, together with the local bars, relevant civil society organizations and lawyers The meeting was held. The outcome report of the meeting was shared with the public. In accordance with the decisions taken at the meeting, the Civilian Monitoring Committee was established with the aim of monitoring the law and its applications numbered 5233, and committee commenced work.