A/HRC/37/50/Add.2
17.
Turkey is also party to UN Optional Protocol to the Convention Against Torture
(OPCAT) and designated Human Rights and Equality Institution as the National Prevention
Mechanism, accordingly since 2012.
18.
Therefore, having been party to all relevant international conventions for the
prevention of torture and ill treatment; the Government reiterates its full commitment to the
“policy of zero tolerance against torture” and its determination for the total elimination of
torture and other cruel, inhuman and degrading treatment.
19.
Certain comments regarding the advanced unedited version of the Report are
submitted below under the relevant headlines.
Introduction
20.
The Report puts forward that “During his visit, the Rapporteur met with high level
officials of the Ministries of Foreign Affairs, Justice and Interior (including the Turkish
National Police, General Command of Gendarmerie) in Ankara…………………………. He
also met with representatives of United Nations agencies and the diplomatic community,
with civil society organisations, activists, lawyers and doctors, as well as with victims of
torture.”
21.
The term in the latter sentence, “victims of torture” should be corrected as “those
who claimed to have been victims of torture”.
Assessment of the situation- General observations
22.
Regarding Paragraph 23, the Government wishes to inform that the term “conflict
in the South-East” is incorrect and misleading. The violence erupted in south-east Turkey
after July 2015 can be described as intensified terrorist attacks by PKK. Accordingly, the
Government requests that the unacceptable term “conflict” in Paragraph 23 and in other
paragraphs (5, 29 and 40) should be deleted.
23.
Regarding the claims in Paragraph 23, the Government would like to recall that
Turkey, as one of the main pillars of its zero tolerance policy against torture, maintains its
resolute commitment to combat impunity for torture and ill-treatment. To this end, efforts
have been concentrated in (i) further strengthening the national legislation to provide
necessary safeguards to combat impunity and (ii) rendering the law-enforcement complaint
system more efficient and swift while enhancing its transparency and credibility.
(i) Firstly, it is important to indicate that Turkish national legislation includes the
necessary safeguards against impunity for torture and other forms of ill-treatment.
This is also acknowledged in the Report.
24.
Even during the State of Emergency, Turkey remains adhered to its commitment to
strengthen its legislation to combat impunity of law-enforcement officials and to prevent
instances of torture and ill-treatment. As a latest sign of this commitment, with the Decree
Law No : 682 on General Disciplinary Provisions as Regards the Law Enforcement
Officers which entered into force on 23 January 2017, a new provision has been put into
effect which provides that law enforcement officers who commit torture shall be imposed
the disciplinary penalty of dismissal from public service.
(ii) With a view to combating impunity through rendering law-enforcement
complaint system more efficient and swift as well as enhancing its transparency and
credibility, the Law No : 6713 on the establishment of Law Enforcement Oversight
Commission was enacted and entered into force on 20 May 2016.
25.
The Law is another reform step taken in line with Turkey’s zero tolerance policy
against torture. The Law aims at ensuring swift and efficient investigation and conclusion
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