C. Subjects of concern
115.The Committee expresses concern about the following:
(a)Substantive criminal law does not contain a specific crime of torture, which, although referred to in the Criminal Code, remains
undefined;
(b)Torture is subject to a statute of limitation; the period of limitation pertaining to acts of ill-treatment other than torture is too short;
(c)Reports concerning the lack of an independent system to investigate complaints and allegations of ill-treatment promptly and
impartially;
(d)Allegations of excessive use of force by the police, especially against members of ethnic minorities, continue. The Committee
regrets the fact that disaggregated statistical data in this respect are not available from the State party;
(e)There is no adequate legal guarantee of the right of persons deprived of liberty to have access to a doctor of their choice from the
outset of their custody. The Committee notes article 74 of the Rules on Police Powers that makes provision for medical assistance,
but considers that this is not sufficient as a safeguard against ill-treatment and torture;
(f)There is no code of conduct for police interrogations to supplement the provisions of the Code of Criminal Procedure and the
Police Act, with a view to preventing cases of torture and ill-treatment, as required by article 11 of the Convention;
(g)Overcrowding in prisons and other places of detention continues, despite the slight decrease noted in 2002.
D. Recommendations
116. The Committee recommends that the State party:
(a) Proceed promptly with plans to adopt a definition of torture which covers all the elements of that contained in article 1
of the Convention and amend its domestic penal law accordingly;
(b) Repeal the statute of limitation for torture and extend the limitation period for other types of ill-treatment;
(c) Take measures to establish an effective, reliable and independent complaints mechanism to undertake prompt and
impartial investigations into allegations of ill treatment or torture by police and other public officials and to punish the
offenders;
(d) Strengthen existing efforts to reduce occurrences of ill-treatment by police and other public officials, in particular that
which is ethnically motivated, and, while ensuring protection of individual privacy, devise modalities for collecting data
and monitoring the occurrence of such acts in order to address the issue more effectively. The State party is encouraged
to include such information in its third periodic report;
(e) Strengthen the safeguards provided in the Code of Criminal Procedure against ill-treatment and torture and ensure
that, in law as well as in practice, all persons deprived of their liberty are guaranteed the right to have access to an
independent doctor. Privacy of medical examinations should be ensured;
(f) Continue efforts to address overcrowding in prisons and other places of detention in accordance with, inter alia, the
recommendation in this respect made by the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) in its report on Slovenia (CPT/Inf(2002)36);
(g) Widely disseminate the reports submitted by Slovenia to the Committee and the conclusions and recommendations, in
appropriate languages, through official web sites, the media and non-governmental organizations.
TURKEY
117.The Committee considered the second periodic report of Turkey (CAT/C/20/Add.8) at its 545th and 548th meetings
(CAT/C/SR.545 and 548), held on 2 and 5 May 2003, and adopted the following conclusions and recommendations.
A. Introduction
118.The Committee welcomes the second periodic report of Turkey, which outlines the new measures and developments relating to
the implementation of the Convention that have taken place in the State party since its submission of the initial report in 1990. It also
welcomes the updated and detailed information as well as the extensive responses provided by the delegation of the State party.
119.The Committee nevertheless regrets the long delay in the submission of the report, which was overdue by eight years.
B. Positive aspects
120.The Committee welcomes the following positive aspects:
(a)The abolition of the death penalty for peacetime offences;
(b)The lifting of the long-standing state of emergency;