A/HRC/37/50/Add.1
(a)
Repeal provisions of the kanun hükmünde kararname that may increase
the risk of persons being subjected to torture and other cruel, inhuman or degrading
treatment or punishment;
(b)
Ensure prompt access to legal counsel of the suspect’s choosing from the
moment of apprehension and through all stages of the criminal proceedings, including
for detainees suspected of terrorism-related offences or arrested under the state of
emergency and the kanun hükmünde kararname;
(c)
Ensure the confidentiality of interactions between lawyers and their
clients, including for individuals suspected of terrorism-related offences or arrested
under the state of emergency and the kanun hükmünde kararname;
(d)
Terminate all incommunicado detention and detention in unofficial
detention locations, including during times of emergency;
(e)
Ensure that statements or confessions taken from persons deprived of
their liberty, other than those made in the presence of a judge and with the assistance
of legal counsel, have no probative value in proceedings against that person; and that
confessions and testimonies that may have been obtained through torture or other illtreatment are not admitted as evidence in any proceedings;
(f)
Improve the forensic medical capacity and infrastructure within places
of detention, and ensure the full independence of all forensic medical staff, their
unhindered access to all detainees on the basis solely of the detainees’ individual
medical needs, and their ability to examine alleged victims of torture and ill-treatment
freely and without supervision;
(g)
Ensure adequate training of all health professionals involved with
detainees, including specifically on the forensic assessment and documentation of
torture and other ill-treatment, in accordance with the Istanbul and Minnesota
Protocols;
(h)
Ensure that photographic documentation of trauma injuries becomes an
obligatory routine practice and provide all medical services with adequate equipment
for this purpose;
(i)
Ensure and facilitate regular, effective and independent monitoring of all
institutions or locations where individuals may be deprived of their liberty, by
national and local bodies such the national preventive mechanism, by international
and regional bodies and by specialized civil society organizations;
(j)
Ensure the full institutional, political and financial independence,
impartiality and professionalism of the national preventive mechanism, and the
compliance of the national human rights institution with the principles relating to the
status of national institutions for the promotion and protection of human rights (the
Paris Principles).
107. Regarding prompt, thorough and impartial investigations, the Special
Rapporteur recommends that the executive and judicial authorities:
(a)
Ensure prompt, thorough and impartial investigation and prosecution of
all alleged offences involving torture or other cruel, inhuman or degrading treatment
or punishment, including those reported to have been committed in the aftermath of
the failed coup of July 2016 and in the context of the ongoing violence in the south-east
of the country;
(b)
Ensure that investigations are launched ex officio, without any need for
formal complaints by victims, prosecutors or investigative magistrates, whenever
there are reasonable grounds to suspect torture or ill-treatment;
(c)
Ensure that perpetrators of torture or other cruel, inhuman or
degrading treatment or punishment are held criminally responsible and that adequate
penal sanctions and disciplinary measures are imposed on convicted perpetrators.
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