E/CN.4/1999/61/Add.1
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Government's political leadership; 4 and, third, to indicate that it consisted
of techniques applied, in any individual case, in a deliberate manner to break
the will of detainees.
103. The authorities propounded the view that the situation had
in the previous few years (thus implicitly acknowledging that it
before), especially since the introduction of shorter periods of
without access to legal advice or without being brought before a
these interlocutors, the phenomenon was now confined to isolated
in any event, enjoyed no official sanction.
much improved
was graver
custody
court. For
cases that,
104. In the view of the Special Rapporteur, the reality conforms to neither
of the paradigms. He has no doubt, based upon extensive information reaching
him over the years, that up to and including the first half of the 1990s,
torture was practised systematically in all the senses mentioned above and on
a widespread scale. Authoritative findings of the Committee against Torture
and the Council of Europe's European Committee for the Prevention of Torture,
have also buttressed this view. However, he believes that the past two years
have witnessed notable improvements.
105. First, by and large, the new periods of incommunicado detention are
being respected, thus restricting the amount of time available for the
infliction of ill-treatment and the amount of time for visible signs of
ill-treatment to heal. However, there is sufficient information indicating a
more than occasional practice by some law enforcement officials of detaining
and torturing or ill-treating suspects without bringing them immediately into
custody.
106. Second, possibly connected with the above, there has been a substantial
reduction in the brutality of the methods used in some places. Allegations of
the use of falaka (beating on the soles of the feet), “Palestinian hanging”
(hands tied behind the back and the body suspended by the tied hands),
electric shocks and rape have abated substantially in some parts of the
country, notably Ankara and Diyarbakir. On the other hand, blindfolding, the
use of hosing with cold water, “straight hanging” (suspension by the raised
arms from a crossbar), rough physical treatment, sexual abuses and threats of
rape, the use of grossly insulting language and the making of threats to the
life and physical integrity of detainees or their families still seem rife in
many parts of the country. All of these torments are aggravated by the
prolonged period of incommunicado detention still available in respect of
anyone held on suspicion of involvement in (broadly defined) terrorist
offences or in connection with ordinary offences involving, or thought to
involve, more than two perpetrators; this includes but is not limited to
drug-related offences. On the other hand, the worst of the practices
described above still occur in some places.
107. The improvements here described are sufficiently significant to lead
the Special Rapporteur to conclude that the continuing problems cannot be
attributed to a formal policy of the Government. Indeed, he is disposed to
consider the frequently reiterated official commitment to attaining European
and international standards in law enforcement and the administration of
justice as a reflection of an authentic political preference. In this
connection, he welcomes the information provided by the Government after the
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