E/CN.4/1989/15
page 47
2.
Evaluation and recommendations
227. The tragic events of the late 1970s and the military rule of the early
1980s have left their scars on public life all over the country. A great
number of persons who were arrested many years ago have either not yet been
sentenced or are awaiting a decision in appeal procedures. The slowness in
the administration of justice, caused by the fact that mass trials, sometimes
of over 300 defendants, are held, is in itself a matter for concern. The
Special Rapporteur was told that some persons who had been in prison since the
beginning of the 1980s would probably receive their appeal decisions only in
the early 19 90s.
228. The coverage given to these trials by the press, the controversies to
which they lead and the incidents which take place at court sessions are all
factors which contribute to the fact that the events of the past will
determine public life for a considerable time to come, and have thus cast
their shadows far ahead. Much of what happens today, including the arrests of
persons who are considered to be a threat to the security of the State and to
public life in general, has its roots in the past.
229. Present-day Turkey is a society in which lively public debate takes
place, and one of the most hotly debated issues is that of human rights. This
debate ranges from subjects such as the broad definition of punishable
offences with regard to the security of the State under the Criminal Code, at
present under revision, to the right to establish trade unions or the right of
associations to take political stands. In this human rights debate, the most
sensitive element undoubtedly is the issue of torture, where the wounds of the
past seem to be particularly raw.
230. During his visit, the Special Rapporteur was given the opportunity to
acquaint himself with the viewpoints of all groups taking part in that
debate. Apart from widely-ranging consultations with the authorities, he met
representatives of professional and other non-governmental organizations. He
was allowed to visit a civilian and a military prison where he had lengthy
talks with the prison authorities as well as with prison inmates.
231. The organization of his visit by the authorities to a certain extent
reflects the way in which human rights issues are currently being discussed.
2 32. Prom all these contacts, it became clear to the Special Rapporteur that
torture was regularly practised in the past. The great number of
investigations which have been carried out is in itself indicative. That
torture has not yet been fully eradicated is also quite clear and is in fact
denied by nobody. The extent to which it still occurs, however, is highly
controversial, the authorities claiming that most of the allegations are made
for political reasons to smear government officials, whereas representatives
of opposition parties and of professional and other non-governmental
organizations state that the practice of torture is still widespread, it was
submitted that this was particularly the case in the eastern part of Turkey,
where the Government and the armed forces are confronted with a Kurdish
guerrilla movement and where the local population is severely harassed by both
the guerrilla movement and the security forces.
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