A/HRC/37/50/Add.1
104. Regarding the national legal framework, the Special Rapporteur recommends
that the Government:
(a)
Consider terminating the declared state of emergency, and ending its
derogations from the International Covenant on Civil and Political Rights and the
European Convention on Human Rights, as soon as practically possible;
(b)
Ensure that provisions introduced under the decrees (kanun hükmünde
kararname) during the state of emergency are not unduly perpetuated or entered into
regular legislation;
(c)
Amend the Law on the Fight Against Terrorism so as to ensure that it
may not be employed for politically motivated prosecution of peaceful dissent and of
criticism of the Government;
(d)
Reduce the maximum duration of police/gendarmerie custody to 24 to 48
hours, as stipulated in the Code of Criminal Procedure, including for terrorismrelated offences.
105. With a view to ensuring conditions of detention in accordance with the United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules), the Special Rapporteur recommends that the Government:
(a)
Urgently adopt measures to reduce overcrowding, including through the
more extensive use of alternatives to incarceration (such as bail and electronic
surveillance for pretrial defendants, and probation and early release for convicts), and
to the extent possible and appropriate, by reviewing current sentencing policies and
providing for alternative, non-custodial penalties, in particular for lesser offences, and
by providing the judicial authorities with the resources required to accelerate
proceedings;
(b)
Ensure adequate access to work, training, education and recreation for
all offenders, including terrorism-related convicts, with a view to establishing a penal
system aimed at rehabilitating and reintegrating offenders and ensuring their physical
and mental health;
(c)
Ensure the separation of pretrial inmates from convicts;
(d)
Ensure the prioritization of alternatives to detention for all juvenile
offenders and, in exceptional circumstances where detention is necessary, ensure their
detention in separate rehabilitation facilities that meet their specific needs as children,
and ensure their continued schooling and recreational activities;
(e)
Ensure the daily presence, in cooperation with the public health services,
of a sufficient number of qualified medical health staff, including psychiatric,
psychological and dental specialists, to perform the medical examination on detainees’
entry to the institution, to carry out regular check-ups, including routine analytical
blood and urine tests and thorax radiology (by mobile units), and to provide prompt
medical assistance to all persons deprived of their liberty despite temporary
overcrowding;
(f)
Ensure that general prison staff receive adequate training on how to deal
with particularly vulnerable categories of detainees and how to identify first signs of
potential mental illness;
(g)
Ensure that the medical registration forms currently used are adapted so
that they meet the recommendations of the Istanbul Protocol;
(h)
Ensure the adoption and implementation of special health programmes
to address situations that occur frequently in detention facilities, such as the spread of
contagious diseases, or inmates with a drug addiction or with HIV/AIDS.
106. Regarding the prevention of torture and ill-treatment, and safeguards, the
Special Rapporteur recommends that the Government:
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents