Hague applications for the return of abducted children from Turkey continue to experience the same systemic problems that were cited in the last report.  Cases move very slowly through the courts and can take years to resolve.  It appears that few judges or lawyers are familiar with the Convention or understand it well enough to implement it effectively. 

For example, Hague cases are often treated as custody cases and home studies are frequently ordered.  Turkish officials have consistently been unable to locate abducted children.  New legislation implementing the Hague Convention has still not been enacted, although the Ministry of Justice is in the process of drafting the legislation.

Developments since the end of this reporting period, however, are encouraging.  Turkey has consolidated abduction cases into new family courts, which are more familiar with all aspects of family law, including the Hague Convention.  This consolidation should help to move cases along through the courts more rapidly.  The Turkish Parliament also passed legislation to criminalize parental child abduction.  Once the new law takes effect in April 2005, Turkish police officials will have more authority to investigate and locate missing children.  Turkish judges and prosecutors throughout the country participated in a series of training sessions on the Hague Abduction Convention sponsored by the European Union in order to gain greater familiarization with the principles and mechanisms of the Convention.

During this reporting period, a child was ordered returned to the United States when an appeal court overturned a lower court decision.  This case had been marked by repeated hearings and delays.  Throughout the entire process, the U.S. Ambassador, Deputy Chief of Mission, and Consular Chief repeatedly pressed for resolution of the case consistent with the Convention during meetings with appropriate senior Turkish officials, including the Ministers and the Under Secretaries of Foreign Affairs, Interior, and Justice, and the Turkish Central Authority.

U.S. Embassy and Department of State officials have worked closely with the Government of Turkey over the past year on matters related to the Hague Convention:  encouraging proper treaty implementation, inquiring into the status of cases, delivering demarches, etc.  It is crucial that the Government of Turkey sustain the momentum needed to fully implement the Hague Convention and carry out its obligations under the Convention.  In particular, we hope to see implementing legislation passed as soon as possible.