A/HRC/15/13
8.
Article 90 of the amended Constitution stipulates that, in the event of conflict
between the provisions of national legislation and international agreements, the latter will
prevail.
9.
Capital punishment, which had not been applied since 1984, was totally abolished in
2004.
10.
In 1987, Turkish citizens were granted the right to individual application to the
European Court of Human Rights. Its compulsory jurisdiction was recognized in 1990.
Judgements are translated and distributed to relevant institutions, their impact and results
are assessed, the necessary preventive measures are taken and, once they are final,
compensation is paid to the relevant parties.
11.
New constitutional amendments in May 2010 included positive discrimination for
children, the elderly, persons with disabilities and relatives of martyrs; personal data
protection; the obligation to take all measures to prevent child abuse; the establishment of
an ombudsman institution; the granting of the right to individual application to the
Constitutional Court; the introduction of collective bargaining rights for civil servants and
public employees; and the introduction of judicial scrutiny of decisions of the Supreme
Military Council and the Supreme Council of Judges and Prosecutors.
12.
The judicial reform strategy and related action plan, finalized in August 2009, are
aimed at enhancing the independence of the judiciary, its neutrality, productivity, efficiency
and professional competency. An important element was the introduction of intermediary
courts of appeal in civil and administrative justice.
13.
A national human rights institution in line with the Paris Principles, which will
concurrently serve as the national preventive mechanism under OPCAT, will be
established. Constitutional obstacles on the Ombudsman Law have been removed. A draft
law on a new law enforcement agency independent complaint mechanism is under way.
14.
A draft law on a non-discrimination and equality board, based on international
standards, has been prepared. The grounds of non-discrimination include, inter alia, sexual
identity, disability and ethnic origin.
15.
Turkey is a State party to the anti-corruption conventions of the United Nations, the
Council of Europe and OECD, and actively participates in GRECO of the Council of
Europe. A national anti-corruption strategy and its action plan were adopted in 2010.
16.
The delegation emphasized that important steps in the protection of human rights
had been taken over the past decade and, while noting the need for further legal and
administrative measures, expressed its determination and its political will to pursue its
efforts.
B.
Interactive dialogue and responses by the State under review
17.
During the interactive dialogue, 54 delegations made statements. A number of
delegations expressed appreciation for the comprehensive presentation of the national
report and for answers to advance questions. Additional statements that could not be
delivered during the interactive dialogue owing to time constraints will be posted on the
extranet of the universal periodic review when available1. Recommendations made during
the dialogue are found in section II of the present report.
1
4
Slovenia, Hungary, Nepal, New Zealand, the Republic of Korea, Finland, the United Kingdom of
Great Britain and Northern Ireland, Djibouti, Kazakhstan, Poland, Oman, China, Viet Nam, Maldives,
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