E/CN.4/1999/61/Add.1
page 13
confessions made during detention as a result of torture were disregarded by
the prosecutors of the State Security Courts. The alleged victims also
claimed that the prosecutors would not seriously investigate their allegations
of torture. The case of lawyer Ahmet Fazil Tamer is particularly instructive
in this regard, given the seriousness of his injuries. Mr. Tamer testified to
the delegation that he was detained on 19 April 1994 in Istanbul on charges of
belonging to an illegal organization. He was held for 14 days at the
Gayrettepe Security Directorate, during which period he claims to have been
subjected to severe torture, including “Palestinian” suspension. As a result
of the suspension, he claims to have suffered temporary paralysis in both arms
and could not use his hands for four months following the torture. Recent
tests, four and a half years after his detention, demonstrate that his left
arm is still weak and he has no feeling in his left hand. The initial medical
certificate issued by the forensic doctor at the State Security Court merely
stated that he could not work for four days, but the prison doctor later
certified that he could not work for 15 days as a result of his injuries.
Mr. Tamer claims that when he was brought before the prosecutor of the State
Security Court, the prosecutor wrote on the document containing the
allegations of torture that Mr. Tamer could not use his arms, and thus, he
could not sign his name. Therefore, his fingerprint was used in lieu of his
signature. Despite this compelling evidence, Mr. Tamer was remanded to prison
based upon, inter alia, his confession. He remains in prison pending trial.
To his knowledge, there has been no meaningful investigation into his
allegations of torture, and certainly no police officer has been charged under
articles 243 or 245 of the Penal Code.
45.
Another indication that the prosecutors in the State Security Courts do
not take allegations of torture seriously is the paucity of cases they refer
to the public prosecutors. Virtually all the prosecutors in the State
Security Courts whom the Special Rapporteur met admitted that they referred
relatively few of these allegations to the public prosecutors. Indeed, they
were unable to provide any statistical data on the number of cases that they
had referred to the public prosecutors. A uniform response that the Special
Rapporteur received as explanation for the small number of referrals was that
the terrorists were instructed to allege torture in order to discredit the
police and the entire justice system.
46.
Despite a significant reduction in its length, the detention period for
detainees falling within the jurisdiction of the State Security Courts remains
problematic. Detainees charged with ordinary crimes may have access to a
lawyer at any time after they are taken into custody. However, for crimes
falling under the scope of the State Security Courts, the detainee may meet
his or her lawyer only upon extension of the custody period by order of the
judge, in other words, after four days. Further, according to lawyers
involved in such cases, this meeting is in the presence of the police.
Moreover, the lawyer does not have access to the case file when the decision
to remand is taken. The lawyer only has access to it after the prosecutor has
handed down an indictment, which normally takes one to two months.
47.
The Special Rapporteur was also concerned by the fact that many
government officials, particularly those at the highest levels, including
senior police officers, did not know the custody periods established under the
new Regulation. Virtually all of them spoke of a four-day detention period
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