A/HRC/37/50/Add.1 (a) Repeal provisions of the kanun hükmünde kararname that may increase the risk of persons being subjected to torture and other cruel, inhuman or degrading treatment or punishment; (b) Ensure prompt access to legal counsel of the suspect’s choosing from the moment of apprehension and through all stages of the criminal proceedings, including for detainees suspected of terrorism-related offences or arrested under the state of emergency and the kanun hükmünde kararname; (c) Ensure the confidentiality of interactions between lawyers and their clients, including for individuals suspected of terrorism-related offences or arrested under the state of emergency and the kanun hükmünde kararname; (d) Terminate all incommunicado detention and detention in unofficial detention locations, including during times of emergency; (e) Ensure that statements or confessions taken from persons deprived of their liberty, other than those made in the presence of a judge and with the assistance of legal counsel, have no probative value in proceedings against that person; and that confessions and testimonies that may have been obtained through torture or other illtreatment are not admitted as evidence in any proceedings; (f) Improve the forensic medical capacity and infrastructure within places of detention, and ensure the full independence of all forensic medical staff, their unhindered access to all detainees on the basis solely of the detainees’ individual medical needs, and their ability to examine alleged victims of torture and ill-treatment freely and without supervision; (g) Ensure adequate training of all health professionals involved with detainees, including specifically on the forensic assessment and documentation of torture and other ill-treatment, in accordance with the Istanbul and Minnesota Protocols; (h) Ensure that photographic documentation of trauma injuries becomes an obligatory routine practice and provide all medical services with adequate equipment for this purpose; (i) Ensure and facilitate regular, effective and independent monitoring of all institutions or locations where individuals may be deprived of their liberty, by national and local bodies such the national preventive mechanism, by international and regional bodies and by specialized civil society organizations; (j) Ensure the full institutional, political and financial independence, impartiality and professionalism of the national preventive mechanism, and the compliance of the national human rights institution with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). 107. Regarding prompt, thorough and impartial investigations, the Special Rapporteur recommends that the executive and judicial authorities: (a) Ensure prompt, thorough and impartial investigation and prosecution of all alleged offences involving torture or other cruel, inhuman or degrading treatment or punishment, including those reported to have been committed in the aftermath of the failed coup of July 2016 and in the context of the ongoing violence in the south-east of the country; (b) Ensure that investigations are launched ex officio, without any need for formal complaints by victims, prosecutors or investigative magistrates, whenever there are reasonable grounds to suspect torture or ill-treatment; (c) Ensure that perpetrators of torture or other cruel, inhuman or degrading treatment or punishment are held criminally responsible and that adequate penal sanctions and disciplinary measures are imposed on convicted perpetrators. 20

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