A/HRC/10/21 page 17 Constitutional Court on 23 October 2006.4 On 26 June 2007, the Government declared the national prison system in a state of emergency. Necessary funding had also been provided to the Judiciary, which had allowed the creation of 20 new penal courts, 11 new chambers at high courts of appeal and 40 new specialized courts for minors. 35. The Government further reported that by Executive Decree No. 441 of 26 June 2007, a criminal defence unit had been established in the new Ministry of Justice and Human Rights to improve free access to public defenders. Around US$ 7 million had been allocated to the new unit. The overloading in pretrial detention centres and social rehabilitation centres had diminished in 37 per cent. Nine legal firms in Guayaquil and five in Quito, with 183 lawyers, had been recruited as public defenders. They are currently providing free legal services to 7,386 detainees. Ecuador is also promoting a flexible mechanism to provide pardons for prisoners who are terminally ill or those who are serving unfair prison sanctions. Turkey 36. In relation to the recommendations by the Working Group after its visit to Turkey from 9 to 20 October 2006 (see A/HRC/4/40/Add.5 and A/HRC/4/G/8), the Government reported on 9 October 2008 that the Ministry of Health was in the process of considering the views expressed in section B (subsection 2 and 3) of the Working Group’s report with a view to formulating possible solutions and policies. The Ministry of Health has also been analysing the Working Group’s Deliberation No. 7 (E/CN.4/2005/6) on psychiatric detention pointed out in the recommendations. Furthermore, the Ministry of Justice is considering the issue of psychiatric hospitalization pending a judicial intervention. 37. The Government further reported that article 252/2 of the Criminal Procedure Code, which establishes the maximum duration of remand detention in cases of terrorist crimes, will enter into force on 31 December 2010. Necessary measures will be taken to ensure its correct interpretation and implementation in practice, in line with the recommendations of the Working Group. In relation to its recommendation concerning the amendment of the definition of terrorism with a view to limiting its scope, the Government reported that Law No. 5532 amended in 2006 article 1 of the Anti-Terror Law, repealing its second and third paragraphs. The anti-terror legislations are under constant review, owing to the scourge of terrorism with which Turkey is faced. 38. Concerning recommendations regarding the juvenile system, the Government reported that the law enforcement agencies have been restructured in order to set up new child units, child bureaux and departments which will deal with all proceedings concerning the child, including those in need of protection, without parental care, seeking asylum, drawn into offences, 4 According to the system of “detención en firme”, judges were obliged to maintain in detention a suspect without taking into consideration whether the time limit for pretrial detention had elapsed. Thousands of persons were thus detained for longer periods than the Constitution allows.

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