E/CN.4/1999/61/Add.1
page 18
as to bypass the involvement of medical professionals entirely. One source
alleged that some policemen in Batman have their own doctor's stamp, a fact
apparently confirmed by the Chairperson of the Parliamentary Human Rights
Commission Inquiry. Very often, the alleged perpetrators themselves accompany
the victim to the doctor of their choice, and will tend to select a doctor
whom they know will not record any signs of torture. It is reportedly
sometimes the case that a doctor will not actually see a patient, but merely
issue a certificate to the officials without an examination. Where the doctor
does see the patient, the officials are said often to remain throughout the
examination, although the Minister of State in charge of Human Rights
emphasized that examinations should take place in private. Alternatively,
they may wait outside the door, but since both victim and doctor are clearly
aware of their presence, the intimidation factor remains. It is commonly
alleged that doctors carry out merely visual examinations rather than thorough
physical checks. Even where a doctor performs a physical check and inquires
as to the origin of injuries, it is frequent for victims to refuse to answer
because of the proximity of the officials. Another obstacle to the issuing of
accurate medical certificates is the fact that, even when a report describes
injuries, it may not specify that these could be the product of torture, as
well as the fact that a report may merely state that the victim cannot work
for a certain number of days, without specifying the cause or even the
injuries.
62.
Where doctors issue accurate medical certificates, it is alleged that
they are subject to various forms of pressure either to modify the particular
certificate or to stop issuing certificates documenting torture. In the first
instance, certificates are generally delivered to the accompanying officials.
This means that when such officials disagree with the content of the report,
they may attempt to force the doctor to change it, or they may destroy it and
find another doctor willing to issue a false certificate. According to the
information received, they often approach doctors at night or in their homes.
For example, Dr. Eda Güven, from Incirliova, Aydin province, reported traces
of torture on six persons brought to her by jandarma personnel in
November 1997. The next day she was called by the officials to change her
report, and when she refused, she was tried, though later acquitted, for abuse
of duty. The President of the Diyarbakir Medical Chamber suggested that
doctors should insist on medical examinations being conducted during working
hours, at a primary health-care centre or hospital, and by a forensic doctor
where available, while the TMA has issued instructions to doctors not to sign
medical certificates at night.
63.
Alternatively, doctors may be the subject of more pervasive forms of
intimidation. The Special Rapporteur received reports of doctors being
detained and ill-treated or tortured as a consequence of issuing accurate
medical certificates. One case reported independently by several
non-governmental organizations involved Dr. Münsif Cetin, appointed in 1994 as
Chief of the Primary Health Care Centre in Diyarbakir. He, along with his
colleagues, took the decision to refuse to issue certificates without
examining the patient. The relevant officials allegedly responded initially
with threats, and by destroying certificates, but then detained Dr. Cetin for
seven days in August 1996, during which time he was reportedly subjected to
various forms of ill-treatment, including hitting, punching and threats. Upon
his release, the State of Emergency Regional Governor ruled that he should be
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