CCPR/C/125/D/2980/2017
observations and that the authors do not have access to the reports. They further argue that
even if these reports were to exist, they do not prove that torture or ill-treatment has not
taken place.12
7.6
Concerning their claims under article 10 of the Covenant, the authors claim that their
lawyers and families were not informed of their transfer to Denizli prison. They further note
that Denizli prison is located six hours away from their relatives in Ankara. They also
reiterate their claims that they were not allowed to receive clothes from their families for
three months and that contact with their families is so difficult and burdensome that they
rarely have the opportunity to communicate with them. They claim that they have applied
for permission to make telephone calls to their wives and children who live abroad but have
not been allowed to do so. They have only been allowed limited and monitored phone calls
with their parents in Turkey. When Mr. Karaman tried to insist on his right to make phone
calls, he was threatened with solitary confinement by the prison warden. The only way they
can communicate with their families abroad is through letters; however, some of the letters
sent by their families are not delivered to the authors by the prison authorities, and those
that are delivered have taken up to a month to be received by the authors. The authors
further claim that they have been refused necessary medical treatment, which has a serious
impact on their health and well-being. The authors also allege that they have to stay in
overcrowded prison cells where 6 to 10 people must sleep on the floor, and that they lack
access to basic food, hygiene and recreation.
7.7
With regard to their claims under article 14 of the Covenant, the authors argue that
the questions posed to them during interrogation are insufficient for the purpose of
informing them about the charges against them. They also note that their conversations with
counsel were monitored and recorded.13 The authors further reiterate their claim that they
do not have access to their case files or to effective legal counsel. They have no prospect of
trial without undue delay as no progress has been made in the investigation against them.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the claims are
admissible under the Optional Protocol to the Covenant.
8.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee notes the State party’s submission that the communication should be
considered inadmissible on the grounds of non-exhaustion of domestic remedies, as the
12
13
The authors refer to the report by Human Rights Watch entitled “A blank check, Turkey’s post-coup
suspension of safeguards against torture” of October 2016, and to the report by Human Rights Watch
entitled “In custody, police torture and abductions in Turkey” of 12 October 2017, in which it is noted
that: “Detainees who alleged torture were brought before doctors for routine medical reports, but
either the doctors showed no interest in physical evidence of torture or the presence of police officers
inhibited them from conducting proper medical examinations and made it hard for detainees to
describe their injuries or speak about treatment in custody.” They also refer to a report by the Office
of the United Nations High Commissioner for Human Rights (OHCHR) entitled “Report on the
impact of the state of emergency on human rights in Turkey, including an update on the South-East:
January – December 2017” of March 2018, in which it is noted in paragraph 83 (c) that: “OHCHR
received credible reports that medical checks conducted by the designated doctors on detainees held
in police custody were often done in the presence of police officers, violating the confidentiality of
patients and impeding adequate documentation of possible torture or ill-treatment.”
The authors refer to OHCHR, “Report on the impact of the state of emergency on human rights in
Turkey”, para. 83 (a), in which it is noted that: “Decree 667 significantly erodes detainees’ right to
confidential legal advice. It provides that oral consultations between the detainees and their lawyers
may be recorded for security reasons, and that the documents they exchange may be seized; the
timing of such consultations may be regulated, and the lawyer may be replaced, at the request of the
prosecution.”
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