A/HRC/37/50/Add.1
89.
The Special Rapporteur is concerned, however, that the numerous national bodies
that are formally mandated to monitor detention locations do not appear to function
properly in practice, and thereby fail to assume their crucial role in contributing to the
prevention of torture and ill-treatment throughout Turkey.
90.
For example, the Human Rights and Equality Institution of Turkey, established in
April 2016 to replace the National Human Rights Institution of Turkey, 39 has been taking
up its duties with considerable delay. Apart from monitoring equality and human rights in
general, the Human Rights and Equality Institution of Turkey is the designated organization
for the national preventive mechanism 40 as detailed in the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. However, at the time of the visit, no commissioners had been appointed to the
institution, which, despite having several working-level staff, remained unable to assume its
decisive preventive role of carrying out regular, independent and objective inspections of
all places of detention in Turkey.
91.
Other monitoring mechanisms were experiencing a change of personnel at the time
of the Special Rapporteur’s visit, with the former Ombudsman having been relieved of his
duties. The Special Rapporteur welcomes the appointment of a new Ombudsman by
Parliament in November 2016. The prison monitoring boards, which had been criticized for
their lack of impartiality, had been dismantled by decree after the July 2016 coup, and at
the time of the visit had not yet been reconstituted. Moreover, civil society organizations
reportedly were not allowed to monitor detention centres and other places of deprivation of
liberty.
8.
Forensic medical examinations and documentation of torture
92.
Professional forensic examinations and documentation about allegations of torture
and ill-treatment as well as about deaths in custody are a crucial component in any effective
investigation and in the prosecution of such allegations. The Istanbul Protocol (the Manual
on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment) and the Minnesota Protocol (the Model Protocol for a
Legal Investigation of Extralegal, Arbitrary and Summary Executions) provide fundamental
tools for guiding such documentation and investigations.
93.
The Special Rapporteur and his accompanying forensic expert observed that general
medical examinations appeared to be routinely performed upon arrest and after arrival at
detention centres. Examinations were reportedly conducted by medical personnel without
any specific training in documenting signs of physical and psychological abuse, and did not
involve any psychological assessments, thus entailing an increased risk of deficient
descriptions, documentation, and interpretations of traumatic injuries.
94.
The forensic medical examination by specialists of inmates who show signs of
physical or psychological trauma, with photographs, in accordance with the Istanbul
Protocol, does not appear to be a routine procedure. Occasionally, such examinations have
allegedly been delayed until the visible signs of the trauma have disappeared.
95.
In cases of death in custody, autopsies were reportedly systematically performed, but
it was not possible to assess whether or not they were carried out in accordance with
international minimum standards, and in particular, the Minnesota Protocol. Numerous
interlocutors mentioned that, according to official records, a number of detainees suspected
of being affiliated with the Gülenist movement had committed suicide in custody, although
there was no confirmation of this cause of death by independent autopsies.
96.
Since the failed coup of July 2016, several forensic experts have been arrested and
detained, including the director of the Council of Forensic Medicine, and pursuant to
Decree Law No. 679 of 6 January 2017, numerous forensic specialists and other Ministry of
Justice personnel have been dismissed or suspended from their positions. According to
allegations received by the Special Rapporteur and his forensic expert, official forensic
39
40
16
Established in Law No. 6332 of 21 June 2012.
By Cabinet decree dated 9 December 2013.
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