E/CN.4/1999/61/Add.1
page 29
mission that it has agreed to the publication in January 1999 of the report of
the European Committee for the Prevention of Torture. In other words, he does
not view the practices as systematic in the first of the three senses
described above. They may well, nevertheless, deserve that categorization in
its second sense in numerous places around the country, especially if the less
extreme, but still serious forms of torture or ill-treatment referred to in
the previous paragraph are taken into consideration. As far as the third use
of “systematic” is concerned, the Special Rapporteur considers this use too
conducive to misunderstanding to apply it, since any incident involving
sustained infliction of ill-treatment could fall within its scope. On the
other hand, the geographic spread of the allegations, the range of potential
victims, as well as the number of testimonies received before and during the
mission, compel a finding that the practices referred to in the previous
paragraph, in whatever specific combination, remain widespread. Where, as is
the case with suspects held in connection with ordinary criminality involving
not more than two persons, there is immediate access to legal advice and
the 24-hour period of detention before judicial intervention applies, the
extent and seriousness of allegations decreases substantially. The practice
involved here could not be characterized as systematic, nor does the
information available suggest that it is anything like as widespread as is the
case where the longer custody periods apply. But it should be recalled that
the range of crimes susceptible to the longer periods of incommunicado
detention is sufficiently elastic to permit law enforcement agencies and
complaisant prosecutors to avail themselves of such periods in most of the
cases they would consider high priority.
108. It is clear to the Special Rapporteur that there is an unavoidable
link between the periods of incommunicado detention and the existence and
credibility of serious allegations of torture and ill-treatment. There has
certainly been a marked decrease in such periods over the years with the
longest ones (in the emergency zones) decreasing from 30 to 15 to the
present 10 days. Indeed, access to a judge has now to be after four days,
although there remains substantial evidence of judicial willingness to grant a
three-day extension without requiring the presence of the detainee. As was
admitted by several senior prosecutors, many, if not most, of them approve
extensions of from 48 hours to four days without intervening to assess the
well-being of the detainees or to subject police requests for such extensions
to substantive scrutiny.
109. It was also put to the Special Rapporteur from among his prosecutorial
interlocutors that the police find the new detention periods too short (a
complaint understandably not voiced to him by his police interlocutors) this by way of defence of the present periods, which were generally portrayed
as aiming to conform to international and European standards. The Special
Rapporteur appreciates that further reduction in the length of periods of
police custody would, therefore, likely encounter substantial resistance from
law enforcement agencies. Nevertheless, he is convinced that such reductions
are necessary to bring Turkish practice up to international standards (as
reflected in the case law of the Human Rights Committee with respect to the
International Covenant on Civil and Political Rights, and in the Basic
Principles on the Role of Lawyers) and European standards (as reflected in the
case law of the European Court of Human Rights). In fact, such reductions
would make false accusations of torture and ill-treatment - a phenomenon which
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