E/CN.4/1999/61/Add.1
page 27
IV.
CONCLUSIONS AND RECOMMENDATIONS
99.
The Special Rapporteur expresses his appreciation to the Government of
Turkey for the invitation to visit the country and to the ministers, senior
judges and many public officials he met for their cooperation in facilitating
the mission and providing him with the extensive information, which this
report reflects to the extent possible, given the restrictions on the length
of documents imposed by the United Nations. Much more time and travel within
the country would also have been desirable for a more complete assessment
of the situation. He also appreciates the cooperation of various
non-governmental organizations, including professional bodies of lawyers and
doctors, as well as human rights organizations, often working under difficult
conditions. Many of his interlocutors, official and non-governmental,
provided him with information on the situation in parts of the country he was
unable to visit.
100. Turkey, a country bordered by seven States in a politically unstable
region, is not immune from the turbulent political and religious forces
prevalent in the region. The western part of the country is relatively
developed, but there is much room for further development, especially in the
south-east. In that predominantly Kurdish area, long-standing grievances,
involving neglect, discrimination and cultural and social repression, promoted
substantial support for secessionist and autonomist views, spawning the
establishment of the “Kurdistan Workers' Party” (PKK), which, in 1984,
launched a violent and ruthless campaign of opposition to central government
authority, including the reported killing in Turkey and abroad of civilians
considered hostile to the organization's objectives. Such acts of terrorism
have been widely and rightly condemned. Even before the dramatic arrest of
the leader of the PKK in Italy during the Special Rapporteur's visit, senior
government officials were indicating that they had made substantial inroads
into PKK ability to carry out its armed strategy and that an end to the
emergency was in sight. Turkey also faces a significant drug trafficking
problem and the related phenomenon of organized crime.
101. Accordingly, the police and other security forces have to work under
very difficult circumstances, often with recalcitrant detainees, creating
acute challenges to professional discipline. However, none of the Special
Rapporteur's interlocutors suggested that the country's crime problems could
be legitimately combated by the use of torture or ill-treatment, which are
crimes under Turkish, as well as international, law.
102. As to the incidence of torture and similar ill-treatment, there was a
wide disparity of views among those whom the Special Rapporteur met. Numerous
non-governmental sources insisted that the situation had not improved at all.
For them, torture was widespread and systematic, any recent changes in the
law being merely “cosmetic”. In this connection, the Special Rapporteur
notes that the word “systematic” in this context was used in at least
three meanings: first, to indicate that the practice was approved of and
tolerated, if not expected, at the highest political level; second, in the
sense that it was a pervasive technique of law enforcement agencies for the
purpose of investigation, securing confessions and intimidation, regardless of
approval or disapproval at the higher levels of the public service or by the
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