A/HRC/37/50/Add.1 to dismissals and suspensions from the civil service as well as to closure of organizations. Since the Special Rapporteur’s visit, the Constitutional Court has reviewed a number of cases and has concluded that it is not competent to receive the complaints because legal remedies have not been exhausted. The Constitutional Court has therefore referred the thousands of cases related to measures taken under the emergency decree laws to the newly established Commission.35 84. While the Special Rapporteur welcomes, in principle, any mechanism designed to review measures taken under the decrees, the composition of the Commission may raise legitimate questions regarding its independence and impartiality, given that the majority of its members will be appointed by the Government. 36 The Special Rapporteur notes that allegations of torture and ill-treatment could not be reviewed by the Commission. Concerns have also been raised that the Commission may be considered as an additional domestic remedy that has to be exhausted before individuals or institutions can have their cases reviewed by the Constitutional Court (and possibly later by the European Court of Human Rights). 85. Lastly, the Special Rapporteur is troubled by a document that appears to have been issued by the Prosecutor’s Office in Trabzone on 5 January 2017, stating that there were no grounds to investigate and prosecute a torture complaint resulting from measures taken under the state of emergency decrees, due to the immunity effectively given to State officials under those decrees. While the Special Rapporteur was unable to verify the authenticity of that document and, therefore, cannot prejudge its accuracy, the alleged content of the decision would appear to be consistent with the situation observed by him of perceived de facto impunity for torture and other forms of ill-treatment at the hands of State officials. 7. Lack of monitoring of detention locations 86. In Turkey, several bodies, both international and national, are allowed or even mandated to inspect locations where people are deprived of their liberty. 87. At the international and regional level, as Turkey is a signatory to the European Convention on Human Rights and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, monitoring visits may be conducted by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur welcomes the visit to Turkey by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, in September 2016, and commends the excellent cooperation shown by the Turkish authorities during his own visit to the country. 88. At the domestic level, public prosecutors may inspect detention centres, under article 92 of the Code of Criminal Procedure; police stations and holding cells are subject to inspections by governors, mayors and civil inspectors; the Human Rights Inquiry Committee of Parliament may visit penal institutions within the scope of parliamentary audit; and the Monitoring Boards for Prisons and Detention Centres 37 may also conduct visits. In addition, the Ombudsman Institution 38 and the newly established Human Rights and Equality Institution of Turkey may conduct on-site monitoring of detention locations in Turkey, and may receive complaints from detention houses. 35 36 37 38 See www.anayasa.gov.tr/icsayfalar/duyurular/detay/65.html. The seven-member Commission will be appointed by the Prime Minister (three members), the Minister of Justice (one member), the Minister of the Interior (one member) and the High Council of Judges and Prosecutors (two members). See CAT/C/TUR/4, paras. 242–244. Entered into force on 29 June 2012, following the constitutional amendments of 2010. 15