E/CN.4/1997/7
page 45
received on the prosecution of officials of the Human Rights Foundation of
Turkey (HRFT), a non-governmental organization operating four torture
rehabilitation centres. Mustafa Cinkilic, the Adana representative of HRFT,
was charged in connection with the operation of the Adana rehabilitation
centre without licensing from the Department of Health. Tufan Köse, the
doctor in charge at the HRFT Adana office, was charged with failing to notify
the judiciary or police magistrate that 167 patients examined by him had
claimed to have been subjected to torture and with failing to make certain
information about those patients available when requested to do so by the
Public Prosecutor. Their trial was scheduled to reconvene on 17 January 1997.
(Similar charges of opening an unlicensed health centre, brought by the
Istanbul Beyo lu Public Prosecution Office against the Istanbul representative
of HRFT,
ükran Akin, reportedly resulted in his acquittal on
1 November 1996.) In addition, notice was reportedly served upon HRFT by the
head of the Department for Annexed and New Foundations that the organization
was to be investigated for “collaboration” with various non-governmental and
intergovernmental agencies, including the United Nations Voluntary Fund for
Victims of Torture, without having obtained permission from the authorities.
It was alleged that the legal actions constituted elements of a concerted
effort on the part of a number of governmental ministries to curtail or halt
altogether the activities of HRFT and that an inter-ministry meeting had been
convened for this purpose. The principle expressed in article 14 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and in Commission on Human Rights resolution 1996/33 that national
legal systems should ensure that the victims of acts of torture are afforded
medical rehabilitation appeared to be strained, if not breached, by the
actions of the Government. Many patients might fear that adverse consequences
could result from disclosure of medical records and so might avoid seeking
treatment. In addition, as principles of medical ethics might compel doctors
under circumstances arising in the cases of some HRFT patients to maintain
strict confidentiality, they might be deterred from rendering their services
for fear of prosecution for behaving in accordance with professional ethics.
The Special Rapporteur and Chairman accordingly appealed to the Government to
refrain from taking action against HRFT personnel that could effectively limit
the activities of rehabilitation service providers or restrict the
opportunities for torture victims to receive rehabilitation services and to
take care not to inhibit the flow of scarce financial resources to Turkey
earmarked for torture rehabilitation.
Observations
199. The Special Rapporteur appreciates the Government’s responses, but
continues to be concerned at the apparently widespread practice of torture in
Turkey. In this respect, he notes the public statement issued at the end of
1996 by the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT). The Committee, after visiting places
of detention on a number of occasions over recent years, most recently in
September 1996, asserted that “resort to torture and other forms of severe
ill-treatment remains a common occurrence in police establishments in Turkey.
To attempt to characterize the problem as one of isolated acts of the kind
which can occur in any country - as some are wont to do - is to fly in the
face of the facts”. 3 The Special Rapporteur was particularly struck by the
CPT's observation that “the cases of seven persons (four women and three men)
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