E/CN.4/1999/61/Add.1
page 30
many police and prosecutorial authorities maintain as accounting for most
allegations of torture and ill-treatment - much more difficult to sustain.
110. The few final convictions of the less than numerous law enforcement
agents prosecuted for torture or ill-treatment and the relatively short
sentences involved have had some impact on the climate of impunity enjoyed by
law enforcement officials, but not sufficient to dispel it altogether. The
fact that many of the agents who are prosecuted remain in service during the
protracted proceedings can only be interpreted by them, their colleagues and
the public at large as evidence of substantial institutional support. Indeed,
the inability of jandarma commanders and police chiefs to point to internal
disciplinary checks on misbehaviour of law enforcement officials, as opposed
to external checks by Ministry of Interior officials and prosecutors,
indicates a troubling gap in organizational authority.
111. The strengthening of medical checks of detainees on arrival in and
departure from police custody, as well as arrival in remand prisons, have
certainly had an impact on the nature and quality of allegations of torture
and ill-treatment. Nevertheless, much remains to be done to ensure that the
medical personnel involved are sufficiently qualified and independent, that
they and the detainees brought to them are free from intimidation, that their
certificates are not tampered with or destroyed and that the evidence of
independent, often more qualified, doctors is given appropriate weight by
prosecutors and judges.
112. As appears from the above, the mission concentrated on torture in its
classical context, that is, torture inflicted in custody for the primary
purpose of investigation. It did not focus on prison conditions and problems
of ill-treatment by prison personnel, or on other issues potentially related
to the mandate, such as the problem of virginity tests in rape cases (see
concluding comment of CEDAW (A/52/38/Rev.1, para. 178)). This does not mean
that no concerns on such matters had been brought to the attention of the
Special Rapporteur; rather, he felt that, given the limited time available for
the mission, he had to give priority to the problem that has in the past
constituted and continues to constitute the area in respect of which most
allegations were received.
113. In the light of the above conclusions, the Special Rapporteur has
formulated a number of recommendations, many of which were urged on him by
interlocutors, including some at the official level; indeed, several are
already in the process of discussion and debate in governmental and
legislative bodies, often inspired by the dynamic work of the Human Rights
Coordinating High Committee, chaired by the Minister of State in Charge of
Human Rights, Professor Dr. Sami Türk. The recommendations are:
(a)
The legislation should be amended to ensure that no one is held
without prompt access to a lawyer of his or her choice as required under the
law applicable to ordinary crimes or, when compelling reasons dictate, access
to another independent lawyer.
(b)
The legislation should be amended to ensure that any extensions
of police custody are ordered by a judge, before whom the detainee should be
brought in person; such extensions should not exceed a total of four days from
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