CAT/C/66/D/827/2017
of emergency. However, it recalls that, following the attempted coup d’état of July 2016, it
expressed concern about the situation in Turkey in a follow-up letter sent to the State party
on 31 August 2016,30 and it also notes that since the declaration of the state of emergency,
reports issued on the human rights situation in Turkey and the prevention of torture have
indicated that the concerns raised by the Committee remain relevant. 31
9.8
In the present case, the Committee notes that the complainant has mentioned the risk
of being persecuted on account of his political activities, as he is perceived to be a member
of the Hizmet movement, which is considered responsible for the attempted coup d’état of
July 2016. The Committee observes that, according to its 2018 report, OHCHR had access
to reliable information indicating that torture and ill-treatment were used during pretrial
detention, in the context of the Turkish authorities’ response to the attempted coup d’état of
July 2016.32 In the same report, OHCHR states that it has documented the use of various
forms of torture and ill-treatment in detention, including beatings, threats of sexual assault,
sexual assault, electric shocks and simulated drowning. Such torture generally had the
purpose of extracting confessions or coercing denunciations of other individuals as part of
the investigation of acts related to the attempted coup d’état.33 In his report on his mission
to Turkey, the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment notes that the use of torture was widespread in the aftermath of the
attempted coup.34 The Special Rapporteur also notes that the low number of investigations
and prosecutions initiated in response to allegations of torture or ill-treatment seemed
grossly disproportionate to the alleged frequency of the violations, indicating insufficient
determination on the part of the Turkish authorities to take such cases forward.35
9.9
With regard to the direct impact of the state of emergency declared on 20 July 2016,
the Committee takes note of the concern expressed by OHCHR about the harmful effects of
the measures introduced in that context on safeguards against torture and ill-treatment. In
particular, the Office makes reference to the restrictions that may be imposed on contacts
between detainees and their lawyers, the increase in the maximum permitted duration of
police custody, the closure of certain independent mechanisms for the prevention of torture
and the excessive use of pretrial detention.36 After successive extensions declared by the
Turkish authorities, the state of emergency formally ended on 19 July 2018. In a letter dated
8 August 2018, the Turkish authorities informed the Council of Europe that the state of
emergency had terminated on 19 July 2018 at the end of the deadline set by Decision No.
1182 and that, accordingly, the Government of the Republic of Turkey had decided to
withdraw the notice of derogation from the European Convention on Human Rights. 37
However, a series of legislative measures have been adopted that extend the application of
the restrictive measures introduced during the state of emergency, such as the possibility of
prolonging police custody for up to 12 days.38
9.10 In the case of the complainant, the Committee notes that in authorizing extradition,
the Court of Cassation made no assessment of the risk of torture that extradition would
entail for him in view of the situation in Turkey since the attempted coup d’état of July
30
31
32
33
34
35
36
37
38
10
https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/TUR/INT_CAT_
FUL_TUR_25040_E.pdf.
OHCHR, “Report on the impact of the state of emergency on human rights in Turkey, including an
update on the South-East, January–December 2017”, March 2018; ibid., “Report on the human rights
situation in South-East Turkey, July 2015 to December 2016”, February 2017; and
A/HRC/37/50/Add.1.
OHCHR, “Report on the impact of the state of emergency on human rights in Turkey, including an
update on the South-East: January–December 2017”, March 2018, para. 7.
Ibid., para. 77.
A/HRC/37/50/Add.1, para. 26.
Ibid., paras. 70–73.
OHCHR, “Report on the impact of the state of emergency on human rights in Turkey, including an
update on the South-East: January–December 2017”, March 2018, para. 83.
Council of Europe, reservations and declarations for Treaty No. 005, Convention for the Protection of
Human Rights and Fundamental Freedoms, 12 June 2019, available at: www.coe.int/
en/web/conventions/search-on-treaties/-/conventions/treaty/005/declarations.
Human Rights Watch, “Turkey: Events of 2018”, available at: www.hrw.org/worldreport/2019/country-chapters/turkey.
GE.19-10059