E/CN.4/1999/61/Add.1
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88.
One difficulty facing prosecutors is the fact that they must rely
heavily on the police to conduct the preliminary investigation of crimes.
On the one hand, there is a natural reluctance on the part of prosecutors
to alienate police officers, whom they view as partners. On the other hand,
there is an obvious conflict of interest when the police are investigating
crimes committed by colleagues. At least one prosecutor informed the Special
Rapporteur that there is a need to create a judicial police force if the
prosecutors are to control police abuse.
89.
Prosecutors also face evidentiary problems. Since the testimony of the
victim is not on its own sufficient evidence to support a conviction, the
prosecution must put forward physical proof. In many cases, there is a lack
of such physical evidence. In most cases this is due to the inadequacy of the
medical examinations (see chap. II above). Also, not all forms of torture or
ill-treatment leave physical signs. In other cases, since detainees are
frequently blindfolded when tortured, they are unable to identify the
perpetrators. Even if the victim is able to identify the perpetrator,
defendants are not required to be present in court for the purpose of
identification. To obstruct the prosecution further, defendants in some cases
have been transferred to other towns, where they continue to perform their
duties. Such a transfer obviously makes it difficult for prosecutors to take
the testimony of the defendant.
90.
The widely reported Manisa case in which 16 teenagers were arrested
on charges of being members of an illegal organization and detained in
December 1995 by the Anti-Terror Department of the Manisa Security Directorate
demonstrates the extreme difficulties encountered in prosecuting police or
security officials who have committed an act of torture. Following their
detention, brief family visits enabled the detainees to inform their families
of their claims that they had been tortured. The families immediately filed a
complaint with the public prosecutor and the students were sent for a medical
examination at the request of the families. At this examination, the students
claim that police officers stood next to them and the doctors did not conduct
a physical examination, nor did they ask them any questions about their
physical complaints or trauma they might have suffered. The medical
certificates issued included no explicit confirmation that torture had taken
place.
91.
The families then tried to arrange an independent medical examination
and the Izmir Medical Chamber requested permission to examine the students,
but was denied access to them. However, based on the official medical
reports, questionnaires that it used to record the students' accounts of
torture and their physical complaints, and hospital records, the Medical
Chamber concluded that the students had been subjected to a range of torture
techniques.
92.
Despite this report, the prosecutor refused to open a case against the
police. Subsequent medical examinations conducted following the students'
release from detention revealed deformation in their ears from cold water
spray, injuries from the squeezing of the boys' testicles, tuberculosis and
that they suffered chronic pain from electrical shocks to their genitals.
Once again, despite this medical evidence, the prosecutor refused to open a
case. Finally, after intense media coverage and pressure from a Member of
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