Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
Level of implementation and
observations (to be completed by
the WGEID)
spread of violent incidents poses a serious threat to public order
during mass incidents.
Working Group cautions that the
absence of independent judicial
review of detention provides a fertile
ground for gross human rights
violations to occur, including enforced
disappearances.
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
The Emergency Decree numbered 667 extended the maximum
length of police detention without judicial review from four to 30
days – later this reduced to 7 days, which can be extended upon
request of the prosecutor for another 7 days if deemed necessary
with Emergency Decree numbered 684.
Human Rights Association
Currently, the detention period is up to 4 days. With the decision
of a judge, the period can be prolonged for additional 4+4+4 days.
JWF – IAHRA Geneva
The Decree-law 667, the first decree law following the attempted
coup, increased the amount of time a detainee could be held
without charge from four to 30 days. The maximum period in
custody without bringing the suspect before a judge was then
reduced from 30 to seven days with a possible extension to 14
days (Decree 684 article 10). Detention of an individual for 14
days without judicial oversight would constitute a violation of
Turkey’s human rights obligations.
LLG – TGRLSP
Despite the January 2017 amendments, under Turkey’s AntiTerror Law, lawyer’s meetings with clients in police detention
can still be legally restricted for the first 24 hours. However,
lawyers have reported that in some cases police still attempted to
bar access beyond that period, forcing them to apply to the
prosecutor’s office to negotiate access. Lawyers’ rights to access
the case file in such cases can also be restricted during the
investigation stage which lasts until the conclusion and approval
of the indictment. This widely applied provision has been used to
effectively prevent lawyers from working on the file and
defending their clients’ interests in the course of investigations.
Thus, lawyers’ privileged communication with their clients in
pretrial detention has been effectively abolished as authorities are
permitted to record and monitor all communications between
lawyer and client.
A/HRC/45/13/Add.4
54
Recommendations
A/HRC/33/51/Add.1
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