A/HRC/29/15
90.
Morocco welcomed the country’s adhesion to OP-CAT, progress made on gender
equality and the introduction in the Constitution of the concept of affirmative action.
91.
Myanmar appreciated efforts in reviewing laws and regulations and bringing them
into line with the country’s international obligations and commitments.
92.
Namibia noted the recognition of the principle of positive discrimination for women,
children and disabled and elderly people, and the judicial reform packages.
93.
The Netherlands called for further steps to be taken in the peace process with the
Kurds, and expressed concern about the number of journalists prosecuted.
94.
Nicaragua noted the constitutional reforms and democratization package undertaken
by the Government.
95.
The Niger noted the incorporation in the Constitution of, inter alia, the principle of
affirmative action for women, children and disabled and elderly people, and the
strengthening of the judicial and institutional frameworks.
96.
Norway expressed concerns about reports of increased intervention in the media and
about journalists’ self-censorship.
97.
In response to the Egyptian delegate, the head of the delegation underlined that
Turkey was open to all constructive recommendations and criticism regarding the
implementation of democracy, fundamental freedoms and, especially, human rights, since
they are universal values. However the delegation wished to see such criticism and
recommendations coming from parties who adhered to the same common universal values
as Turkey did.
98.
In Turkey, freedom of expression and the media were considered an indispensable
part of democratic order. The offence of creating propaganda for terrorist organizations had
been redefined and amended to reflect more concrete criteria for conviction. A working
group had been set up in the Ministry of Justice for the identification of legal provisions
that may impose restrictions on the freedom of expression. A complete pluralism existed in
Turkey in respect of media organizations.
99.
The head of the delegation clarified that the reasons for the detention of persons who
were referred to as “detained journalists” were not related to their journalistic activities. As
at 23 January 2015, a total of 31 such persons were in custody—29 convicted, 2 held on
remand—on charges such as being a member of an armed terrorist organization, attempting
to overthrow the constitutional order, voluntary manslaughter and embezzlement.
100. The head of the delegation stressed that the judiciary was independent from the
legislative and executive powers. Detention on remand had ceased to be a widely used
protective measure; the length of detentions and the detention rates in prisons had been
dramatically reduced.
101. The delegation noted that the law on assemblies and demonstration marches had
been amended to ensure public participation in the determination of venues and routes for
assemblies. Tear gas weapons were used only by certified personnel. Concerning the events
referred to as the Gezi park protests, the head of the delegation stated that the law
enforcement officers had intervened within the bounds of the law and as necessary in a
democratic society. In respect of allegations of excessive use of force by law enforcement
officers, those responsible were brought to justice. As a result of administrative
investigations, 149 personnel had been sanctioned. Regarding judicial proceedings, 329
investigations had been launched; 59 had resulted in non-prosecution, while a number of
remaining files had resulted in public prosecution. Recently, two police officers had each
been sentenced to 10 years of imprisonment. Other investigations were pending.
9
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