A/HRC/37/50/Add.1
When formal complaints had been filed, there had allegedly been no follow-up by the
responsible authorities;
(d)
The sweeping security measures taken by the Government in response to
the failed coup of 15 July 2016 have resulted in a general sense of intimidation and
distrust in many segments of the population, preventing not only inmates and their
families, but also civil society, lawyers, doctors and many State officials from initiating
or participating in any procedure that may be perceived — rightly or wrongly — as
opposing or criticizing the Government, including, most notably, the documentation
and investigation of alleged acts of torture and other ill-treatment;
(e)
Recently passed legislation and statutory decrees, some of which have
been partly repealed in the meantime, created an environment conducive to torture
and other forms of ill-treatment, most notably:
(i)
The extension of the period of custody without judicial review to 30 days;
(ii)
The extension of the period without access to a lawyer to five days;
(iii) The denial of confidential exchanges between inmates suspected of
terrorist crimes and their lawyers;
(iv) The introduction of immunity from criminal prosecution — albeit
overturnable — for counter-terrorist forces operating in the south-east.
(f)
The suspension or dismissal of thousands of judges, prosecutors and
other officials has caused severe delays in the processing of individual judicial and
administrative cases and complaints;
(g)
Due to dismissals and to delays in administrative appointment processes,
the Human Rights and Equality Institution of Turkey, which also exercises the
function of the national preventive mechanism as detailed in the Optional Protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, currently cannot carry out regular, independent and objective
inspections of all places of detention in Turkey;
(h)
Except for police holding cells, which are clearly inadequate for holding
inmates for more than 24 to 48 hours, conditions of detention are generally
satisfactory or, at least, acceptable in the circumstances. The most important source of
shortcomings was the prevalent overcrowding (ranging from 125 to 200 per cent of
the capacity), which negatively affected access to work, training, recreation, medical
care and visits and contact with family members and lawyers, all of which are
important for the well-being and rehabilitation of inmates.
B.
Recommendations
102. The Special Rapporteur firmly believes that there is no better deterrent to
torture and other cruel, inhuman or degrading treatment or punishment than the
unambiguous expression and determined implementation of a strong national will to
prevent, investigate, prosecute and punish such abuse. The Turkish authorities have
the ability to prevent torture; they have proven this over the past decade and they
consistently and unequivocally expressed their continued commitment in that respect
throughout the visit. It is in a spirit of respect and support of the Government’s
declared policy of zero tolerance for torture, therefore, that the Special Rapporteur
offers the following recommendations to the Government of Turkey:
103. First and foremost, on the policy level, the Special Rapporteur appeals to the
Government to publicly reinforce its zero tolerance policy on torture, to take all
legislative and administrative measures to implement that policy, and in particular to
unequivocally make it clear to State officials at all levels that they are expected and,
indeed, obliged to report and investigate all allegations of torture and to bring
perpetrators to justice.
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