A/HRC/37/50/Add.1 (m)), and if the investigation may be compromised, the defence counsel’s right to examine the case file can be restricted by a decision of the prosecutor (art. 3 (l)). While the Special Rapporteur notes that no statement is to be taken from a suspect while he or she is held without access to counsel (art. 3 (m)), this provision exposes suspects de facto to incommunicado detention and, thus, makes them particularly vulnerable to torture and other forms of abuse. Moreover, prolonged incommunicado detention can even constitute a form of ill-treatment in and of itself.22 66. The Special Rapporteur regrets that some of those provisions have been made permanent. Thus, article 3 of Decree Law No. 676, dated 29 October 2016, added the possibility of being detained without access to a lawyer, albeit only for 24 hours, to article 154 of the Code of Criminal Procedure (Law No. 5271), and limitations on confidential contacts between detainees and their counsel were introduced in Law No. 5275 on the execution of penalties and security measures. Consequently, Decree Law No. 684, dated 23 January 2017, removed the ban on lawyers’ access to their clients in the first five days of the detention period. The Law on the Fight Against Terrorism (counter-terrorism law) 23 restricts access to a lawyer for suspects detained for terrorist offences for the first 24 hours in detention at the request of a prosecutor and by the decision of a judge, but specifies that the suspect may not be interrogated during that period (art. 10 (b)). 67. On 23 January 2017, Decree Law No. 684 reduced the maximum duration of detention without charge or judicial review from 30 days (as introduced through Decree Law No. 667) to seven days, which can be extended upon request of the prosecutor for another seven days if deemed necessary. While the Special Rapporteur sincerely welcomes this important first step, he urges the Government of Turkey to normalize the situation as soon as possible by further reducing the duration of police custody to a maximum of 24 to 48 hours, as stipulated in the Code of Criminal Procedure. 3. Counter-terrorism law and decree framework 68. The main domestic legal provisions regarding terrorism and terrorist offences are contained in the counter-terrorism law24 and the relevant articles of the Criminal Code. The definition of “terrorist offender” in article 2 of the counter-terrorism law was amended in 2006 and is rather broad and vague, as is the definition of “terrorism” in article 1. Concerns have been raised that this law may be used for politically motivated prosecutions of political opponents, human rights defenders and journalists, in particular for alleged “membership of a terrorist organization”.25 69. The Special Rapporteur is particularly concerned by a new law that was published on 14 July 2016 (Law No. 6722),26 which grants counter-terrorism forces a perceived, albeit overturnable, de facto immunity from prosecution for acts carried out in the course of their operations in the south-east. More specifically, under the new law, which applies retroactively, the executive authorities must give permission before any soldiers or civilians taking part in counter-terrorism operations can be prosecuted for any offences committed while carrying out their duties, thus rendering investigations into allegations of torture or ill-treatment by the security forces involved more difficult, if not impossible. 4. Complaint and investigation procedures 70. In principle, prosecutors can and must investigate all allegations of torture or illtreatment ex officio, regardless of an individual complaint. All complaints that are received must be followed up by the Public Prosecutor. Complaints may be brought by the victims themselves, or their family or lawyer, by civil society organizations, or by a monitoring mechanism such as the Ombudsman Institution. According to the General Directorate of 22 23 24 25 26 12 See General Assembly resolution 68/156 (para. 27). Law No. 3713, adopted in 1991 and amended in 1995, 1999, 2003, 2006 and 2010. Available at www.ecoi.net/file_upload/1226_1335519341_turkey-anti-terr-1991-am2010-en.pdf. Ibid. United Nations country team submission for the 2015 universal periodic review of Turkey (para. 37). Available from www.resmigazete.gov.tr/eskiler/2016/07/20160714.htm.