A/HRC/37/50/Add.1
services have been under pressure from authorities not to properly document abuse, and
forensic examinations have either not been conducted in line with the Istanbul Protocol or
have not been conducted at all. For example, forensic experts would allegedly be asked to
assess a roomful of detainees in the space of a few minutes, without being able to conduct
individual examinations and confidential interviews. Requests made by detainees and their
families for examinations by independent physicians have allegedly been denied.
97.
The Special Rapporteur is very concerned about the alleged interference of the
authorities with the independence of the forensic services and with the proper
implementation of their mandate, which makes the proper documentation and effective
investigation of torture and ill-treatment difficult if not impossible and contributes further
to impunity for abuse.
IV. Conclusions and recommendations
A.
Conclusions
98.
The Special Rapporteur expresses his sincere appreciation to the Government
of Turkey for the excellent cooperation afforded during his visit, and for the efforts of
the representatives of the Ministry of Foreign Affairs to facilitate and organize
meaningful official meetings.
99.
The Special Rapporteur also thanks the United Nations Resident Coordinator
in Turkey and his Office for the support provided before and throughout his visit.
100. The Special Rapporteur fully acknowledges the extreme volatility of the
security situation prevalent in Turkey during the time of his visit, and the right and
duty of the Government to take security measures to protect its citizens from acts of
violence and political overthrow. However, just as much as there can be no
justification for acts of terrorism and violent overthrow, there can also be no
justification, under any circumstances, for acts of torture and other cruel, inhuman or
degrading treatment or punishment, or for any form of impunity for such acts.
101. To the best of his personal judgment and conviction, based on numerous
credible and consistent allegations and other information received from various
independent sources, and having consulted extensively with the Turkish authorities,
the Special Rapporteur has come to the following main conclusions regarding the
prevalence of torture and other cruel, inhuman or degrading treatment or
punishment in Turkey at the time of his visit and during the months preceding it:
(a)
In the immediate aftermath of the failed coup of 15 July 2016, torture
and other forms of ill-treatment were widespread, particularly at the time of arrest
and of preliminary detention in police or gendarmerie lock-ups or in unofficial
detention locations. This initial phase, marked by arbitrariness, and most of the illtreatment, ceased after approximately two weeks, when most detainees were
transferred to regular places of detention;
(b)
In relation to the violence in the south-east, torture and ill-treatment
continues to be widespread in the initial phase of custody and interrogation and is
aimed primarily at coercing suspects to confess or to denounce other suspects of
terrorist offences. As a result, numerous arrests are made on the basis of unreliable
accusations or denunciations made under torture;
(c)
The small number of investigations reported by the authorities, whether
ex officio or upon complaint, is in no way proportionate to the persistent allegations of
torture and other ill-treatment received by the Special Rapporteur. The majority of
victims reported that they had not filed formal complaints for fear of retaliation
against them and their families, and because of their distrust in the independence of
the prosecution and the judiciary and, consequently, in the willingness or ability of the
prosecution and the judiciary to adequately investigate and adjudicate their claims.
17
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