- 38 23.
Further, in the course of its third visit to Turkey, the CPT visited the largest psychiatric establishment
in the country, namely the Bakirköy Mental and Psychological Health Hospital. No allegations of torture or
other forms of ill-treatment by hospital staff were heard by the Committee's delegation in the course of that
visit; nor was any other evidence of such treatment found. In fact, the delegation was favourably impressed by
staff-patient relations.
24.
As for the gendarmerie (which is responsible for police functions in rural areas), the CPT has heard
allegations that suspects are frequently handled roughly and on occasion even beaten by members of the
gendarmerie, in particular when apprehended. Further, the CPT has reason to believe that from time to time, illtreatment occurs in the course of the transport of prisoners (which is another task performed by the
gendarmerie). However, the CPT has heard fewer allegations - and found less medical evidence - of torture or
other forms of premeditated severe ill-treatment by members of the gendarmerie.
25.
To sum up, as far as the CPT can judge, the phenomenon of torture and other forms of ill-treatment of
persons deprived of their liberty in Turkey concerns at the present time essentially the police (and to a lesser
extent the gendarmerie). All the indications are that it is a deep-rooted problem.
Action required
26.
Action is required on several fronts if this problem is to be addressed effectively. Legal safeguards
against torture and other forms of ill-treatment need to be reinforced and new safeguards introduced. At the
same time, education on human rights matters and professional training for law enforcement officials must be
intensified. In this respect, the recent arrangements to send some 20 Turkish police officers to various other
European countries in order to study police methods there are to be welcomed, and the CPT trusts that they
represent part of an ongoing process.
Furthermore, public prosecutors must react expeditiously and effectively when confronted with
complaints of torture and ill-treatment. On this point, the recent annulment by the Constitutional Court of
section 15 (3) of the Law to Fight Terrorism of 12 April 1991 (which severely curtailed the possibilities for
public prosecutors to proceed against police officers alleged to have ill-treated persons in the performance of
duties relating to the suppression of terrorism) is a very positive development. In order to facilitate effective
action by public prosecutors, the medical examinations of persons in police and gendarmerie custody carried
out by the Forensic Institutes should be broadened in scope (medical certificates should contain a statement of
allegations, a clinical description and the corresponding conclusions). Further, appropriate steps should be
taken to guarantee the independence of both Forensic Institute doctors and other doctors who perform forensic
tasks, as well as to provide such doctors with specialised training.
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