E/CN. 4/1989/15 page 48 233. As has been said before, the Government of Turkey has taken highly significant measures at the international level to promote respect for human rights in general and the prohibition of torture in particular. The Special Rapporteur feels that these measures could be supplemented in a meaningful way by taking measures at the national level. The following recommendations may, therefore, be made: (a) It is a well known fact that torture takes place most frequently during periods of incommunicado detention. In all previous reports the Special Raporteur has recommended the abolition of incommunicado detention. He may, therefore, recommend to the Turkish Government that it should introduce legal provisions guaranteeing that an arrested person has the right to have a lawyer appointed within 24 hours of his arrest. If the authorities feel that the arrested person cannot be allowed to appoint a lawyer of his own choice for the reasons mentioned in paragraph 216, he should be given the opportunity to appoint a lawyer from a list drawn up by an independent professional organization. Once a lawyer has been appointed, he should be given regular access to the detainee throughout the whole period of detention; (b) If a person files a complaint that he has been tortured during his detention, medical examination of that person could be entrusted to a doctor, chosen from a panel of qualified and experienced physicians; such a panel could be established by an independent professional organization; (c) The investigation of torture complaints could be carried out by an independent (ombudsman-type) body which, after the investigation is concluded, would transmit the case to the public prosecutor for further action (either dismissal or court action); (d) Implementation of recommendations (b) and (c) would strengthen the feeling that torture complaints are taken seriously. It would also serve to prevent the filing of unfounded complaints; (e) In cases where a complaint of torture has been found to be correct, severe penalties should be imposed; (f) Evidence obtained by torture should under no circumstances, be admitted in court, nor should it be accepted as supplementary evidence. No one should be convicted on the basis of evidence which has allegedly been obtained by torture, unless the allegation is manifestly unfounded; (g) Training programmes for law enforcement personnel should give high priority to the necessity of respecting basic human rights under all circumstances. In this context it may be recommended that the Code of Conduct for Law Enforcement Officials and the Standard Minimum Rules for the Treatment of Prisoners should be translated into Turkish and used as material in the teaching programmes.

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