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

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