- 40 29.
Unfortunately, Turkish law as it stands today does not offer adequate protection against the application
of those methods to persons apprehended on suspicion of offences falling under the jurisdiction of State
Security Courts; on the contrary, it facilitates the use of such methods. Suspects in relation to collectively
committed crimes may be held for up to 15 days by the police or gendarmerie (rising to 30 days in regions
where a state of emergency has been declared), during which time they are routinely denied any contact with
the outside world.
It is true that the provisions of section 13 of the new Law, concerning prohibited interrogation
procedures, apply also to persons suspected of offences under the jurisdiction of State Security Courts.
However, it would be unwise to believe that these provisions alone will be able to stem torture and illtreatment. The methods described in section 13 have been illegal for many years under Turkish Law by virtue
of the general prohibition of torture and ill-treatment in Article 17 (3) of the Constitution. Further, the
stipulation that statements made as a consequence of such methods shall not have the value of evidence is
merely a welcome reaffirmation of a principle already recognised by the Turkish legal system.
In reality, the long periods of incommunicado custody allow time for physical marks caused by torture
and ill-treatment to heal and fade; countless prisoners have described to CPT delegations the treatment
techniques applied by police officers. It should also be noted that certain methods of torture commonly used do
not leave physical marks, or will not if carried out expertly. Consequently, it shall often be difficult to
demonstrate that a statement has been made as a consequence of ill-treatment. The same point applies to the
admissibility of other evidence obtained as a result of ill-treatment (cf. section 24 of the new Law).
30.
The CPT does not contest that exceptionally, specific legal procedures might be required in order to
combat certain types of crime, in particular those of a terrorist nature. However, even taking into account the
very difficult security conditions prevailing in several areas of Turkey, an incommunicado custody period of up
to 15 days, let alone 30, is patently excessive; it is clear that a proper balance has not been struck between
security considerations and the basic rights of detainees.
The CPT calls upon the Turkish Government to take appropriate measures to reduce the maximum
periods for which persons suspected of offences falling under the jurisdiction of State Security Courts can be
held in police or gendarmerie custody, to clearly define the circumstances under which the right of such persons
to notify their next of kin of their detention can be delayed and strictly limit in time the application of such a
measure, and to guarantee to such persons, as from the outset of their custody, a right of access to an
independent lawyer (though not necessarily their own lawyer) as well as to a doctor other than one selected by
the police.
31.
As regards ordinary criminal suspects, the amendments introduced by the above-mentioned Law could
deal a severe blow to the practice of torture and ill-treatment. However, much will depend on how the new
provisions are applied in practice. This is a matter that the CPT intends to follow carefully in the coming
months, in close co-operation with the Turkish authorities. Nevertheless, a number of points should be raised
now.
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