A/HRC/10/21
page 17
Constitutional Court on 23 October 2006.4 On 26 June 2007, the Government declared the
national prison system in a state of emergency. Necessary funding had also been provided to the
Judiciary, which had allowed the creation of 20 new penal courts, 11 new chambers at high
courts of appeal and 40 new specialized courts for minors.
35. The Government further reported that by Executive Decree No. 441 of 26 June 2007, a
criminal defence unit had been established in the new Ministry of Justice and Human Rights to
improve free access to public defenders. Around US$ 7 million had been allocated to the new
unit. The overloading in pretrial detention centres and social rehabilitation centres had
diminished in 37 per cent. Nine legal firms in Guayaquil and five in Quito, with 183 lawyers,
had been recruited as public defenders. They are currently providing free legal services to
7,386 detainees. Ecuador is also promoting a flexible mechanism to provide pardons for
prisoners who are terminally ill or those who are serving unfair prison sanctions.
Turkey
36. In relation to the recommendations by the Working Group after its visit to Turkey
from 9 to 20 October 2006 (see A/HRC/4/40/Add.5 and A/HRC/4/G/8), the Government
reported on 9 October 2008 that the Ministry of Health was in the process of considering the
views expressed in section B (subsection 2 and 3) of the Working Group’s report with a view to
formulating possible solutions and policies. The Ministry of Health has also been analysing the
Working Group’s Deliberation No. 7 (E/CN.4/2005/6) on psychiatric detention pointed out in the
recommendations. Furthermore, the Ministry of Justice is considering the issue of psychiatric
hospitalization pending a judicial intervention.
37. The Government further reported that article 252/2 of the Criminal Procedure Code, which
establishes the maximum duration of remand detention in cases of terrorist crimes, will enter into
force on 31 December 2010. Necessary measures will be taken to ensure its correct interpretation
and implementation in practice, in line with the recommendations of the Working Group. In
relation to its recommendation concerning the amendment of the definition of terrorism with a
view to limiting its scope, the Government reported that Law No. 5532 amended in 2006
article 1 of the Anti-Terror Law, repealing its second and third paragraphs. The anti-terror
legislations are under constant review, owing to the scourge of terrorism with which Turkey is
faced.
38. Concerning recommendations regarding the juvenile system, the Government reported that
the law enforcement agencies have been restructured in order to set up new child units, child
bureaux and departments which will deal with all proceedings concerning the child, including
those in need of protection, without parental care, seeking asylum, drawn into offences,
4
According to the system of “detención en firme”, judges were obliged to maintain in detention
a suspect without taking into consideration whether the time limit for pretrial detention had
elapsed. Thousands of persons were thus detained for longer periods than the Constitution
allows.
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