A/HRC/37/50/Add.1 from 2 August 2016, it also derogated from the International Covenant on Civil and Political Rights, as permissible under article 4, in regard to articles 2, 3, 9, 10, 12, 13, 14, 17, 19, 21, 22, 25, 26 and 27. 58. Turkey also adopted a series of decrees with the force of law significantly affecting the human rights and procedural guarantees of individuals, groups and organizations suspected of being involved with the attempted coup, with the Gülenist movement or in other activities perceived to be related to terrorism. 59. In July 2017, the Turkish Cabinet extended the state of emergency for a further three months. 60. While the Special Rapporteur recognizes the imperative for Turkey of protecting its citizens and institutions and its right to take extraordinary measures in times of emergency, he is mindful that derogations from international treaties may not “exceed those strictly required by the exigencies of the actual situation”.16 61. With regard to the International Covenant on Civil and Political Rights, the Special Rapporteur is particularly concerned by the derogation from article 10 (on humane treatment and human dignity), article 2 (3) (on effective remedies) and article 14 (on fair trial). The Human Rights Committee has noted that while article 14 is not included in the list of non-derogable rights of the Covenant, “the guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights”. The Committee concluded that “deviating from fundamental principles of fair trial, including the presumption of innocence, is prohibited at all times”.17 62. The mass arrest, dismissal or suspension of civil servants, including judges, prosecutors and other representatives of the judiciary, has entailed major setbacks and delays in the administration of justice in Turkey. 18 2. Prolonged detention without access to counsel or to judicial review 63. It is during the first hours and days after arrest that the risk of torture and other forms of ill-treatment is the highest. The right to have access to a lawyer promptly after apprehension and at all stages of the investigation process constitutes an effective safeguard against such abuse. 64. Of particular concern to the Special Rapporteur is Decree Law No. KHK/667, 19 adopted on 22 July 2016, which extended the maximum duration of detention without charge or judicial review to 30 days (art. 6 (a)),20 and which severely curtailed access to lawyers for detainees suspected of posing a risk to public security, or of exchanging information with a terrorist organization (art. 6 (d)). It provides for officials to be present and/or to make audio and video recordings of meetings between detainees and their lawyers, and to seize any documents exchanged or kept during those meetings. In addition, interviews and meetings between counsel and client may be limited upon the public prosecutor’s orders. Legal professionals who are themselves suspected of having supported the attempted coup may be removed from legal counsel duties (art. 6 (g)). 65. Furthermore, after the adoption of the decree dated 25 July 2016, No. KHK/668, 21 the period of custody without access to a lawyer was extended to up to five days (art. 3 16 17 18 19 20 21 See Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, paras. 65–67. See Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, para. 6. According to information provided on 4 January 2017 by the Ministry of Justice to the Parliamentary Coup Investigation Commission. Decree on measures to be taken under state of emergency, available at www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2016)061-e. Reiterated in art. 3 (a) of Decree Law No. KHK/668. Decree law on measures to be taken under the state of emergency and arrangements made on certain institutions and organizations, available at www.venice.coe.int/webforms/documents/?pdf=CDLREF(2016)061-e. 11