E/CN.4/1999/61/Add.1
page 16
54.
According to the Minister of State in Charge of Human Rights, forensic
doctors are accountable both to their own association and to the Ministry of
Health. However, this professional association, the Council of Forensic
Medicine (CFM), is not independent but operates under the auspices of the
Ministry of Justice. The Minister for Justice is responsible for the
appointment of the president of the CFM, as well as the chairpersons of
specialist boards, such as that responsible for torture-related issues.
According to one non-governmental source, the close ties between forensic
doctors and the justice system are exemplified by the location of the premises
of forensic doctors in courthouses. Also active in the forensic field are the
Forensic Medicine Institute, whose members serve part-time with the CFM as
expert witnesses, often at the request of the Government, and the departments
of forensic medicine in medical schools, including specialist bodies such as
the Forensic Association (FA) based in Istanbul University medical school.
55.
Government-appointed general practitioners, answerable to the Ministry
of Health, as well as other medical personnel, have their own professional
association, the Turkish Medical Association (TMA). Membership of this
professional body is not compulsory for civil servants, although they may
join, whereas military doctors cannot become members. This makes the
effective supervision of professional misconduct for such categories of
physicians potentially problematic. The TMA has the power to implement
disciplinary measures, often in conjunction with independent regional medical
chambers, including for the issuing of false medical reports. It is the only
body which can ban physicians for up to six months, and it may initiate court
proceedings to obtain a longer ban. According to the President of the TMA,
and as exemplified by the case of Dr. Nur Birgen which will be discussed
below, government officials are very reluctant to implement such decisions.
The TMA has also been involved in the production of “alternative medical
reports” in a number of cases where official reports failed to document
manifest signs of torture.
56.
Finally, in a group of their own, prison doctors are direct employees of
the Ministry of Justice, and are therefore hierarchically inferior to the
director of the prison in which they work, which, as will be seen, raises
inevitable queries regarding their independence.
1.
Lack of expertise and equipment
57.
Concern was raised by both official and non-official interlocutors,
including the Minister of Health, with regard to the lack of expertise of many
doctors exercising forensic duties. This hinged both on deficiencies in the
training of general practitioners and on a shortage of doctors wishing to
specialize in the field of forensic medicine.
58.
Estimates as to the number of forensic specialists practising in Turkey
ranged from 175 to 200 for the entire country. According to the President of
the FA, only 20 out of 40 medical schools in Turkey offer forensic medicine as
a field of specialization. Even in those schools which do offer it, the
Minister of Health reported, many choose not to study it. The resulting
shortage of specialists means that, particularly in rural areas, general
practitioners must often carry out the duties of forensic doctors. However,
as forensic medicine does not form part of their general training, they do not
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