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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