A/HRC/44/14
15.
Turkey noted that no profession, including journalism, gave persons immunity from
prosecution if there was reasonable suspicion that a crime had been committed. Legal
action taken against those persons – including those that acted under direct orders from
FETÖ – could not be interpreted as limiting freedom of expression.
16.
While certain limitations had been placed on the rights to liberty and security during
the state of emergency, the limitations were in line with the international obligations of
Turkey and had been ordered by competent courts. Furthermore, individuals had the right to
challenge those decisions before the courts.
17.
Turkey remained committed to a zero-tolerance policy on torture. Even during the
state of emergency, Turkey had taken further measures to broaden the legislative and
institutional framework to prevent, investigate, prosecute and punish all acts of torture and
ill-treatment. For example, under an amendment adopted in 2017, torture had become a
ground for dismissal from public service for law enforcement officials. The statute of
limitations with regard to the crime of torture had been abolished in 2013.
18.
Freedom of assembly and association was safeguarded by the Constitution.
Everyone had the right to hold peaceful demonstrations without any prior permission. In
line with the case law of the European Court of Human Rights, restrictions on those rights
could be foreseen in law. Between 2015 and 2019, the number of associations had
increased by 39 per cent, while their revenues had grown by 107 per cent.
19.
There had been widespread misunderstanding concerning the suspension from duty
of some mayors. There were several ongoing investigations and proceedings against those
persons for terrorism-related offences and misuse of public funds; their suspension from
duty was an interim measure that had been taken in accordance with the Constitution and
the relevant legislation. The authorities reviewed those measures every two months and
each decision was subject to judicial review.
20.
Turkey invited certain delegations to stop abusing and politicizing the universal
periodic review for their own national purposes and recalled that there should be a
constructive dialogue based on the three reports published before the meeting. Turkey
rejected outright all the usual unfounded allegations by two delegations.
21.
The representative of the Ministry of Justice provided additional information on the
judicial reform strategy 2019–2023, noting that its preparation had included broad
consultations with all stakeholders. The strategy prohibited the transfer of judges and
prosecutors to other provinces against their will and extended their rights in disciplinary
procedures against them.
22.
In October 2019, the parliament had adopted a first legislative amendment package
pursuant to the judicial reform strategy, which introduced amendments strengthening
freedom of expression, limiting the length of pretrial detention, and improving the
effectiveness, independence and impartiality of the judiciary. The delegation provided
detailed information, underscoring the importance of those amendments. Preparations were
under way for a second legislative package.
23.
Preparations for the human rights action plan were ongoing with the broadest
participation of different national and international stakeholders, including the Council of
Europe and the European Union.
24.
In 2019 alone, the Committee of Ministers of the Council of Europe had finalized
and closed the execution of 732 cases from the European Court of Human Rights. Thirtytwo of them had been leading cases. On 15 January 2020, the Council of Judges and
Prosecutors, while reviewing promotion criteria, had included an assessment as to whether
or not their decisions were in compliance with the jurisprudence of the European Court of
Human Rights and the Constitutional Court.
25.
Some 347 penitentiary institutions in Turkey that had not met the required standards
had been closed down. More than 25,000 penitentiary personnel had been trained in 2019.
In addition, criminal enforcement legislation had been revised and a probation law had been
adopted providing alternative sanctions to imprisonment. The improvements in prison
conditions explained why, despite many requests for interim measures lodged with the
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