E/CN.4/1993/26
page 106
are subjected to pressure to issue misleading reports. On the other hand,
only the reports of the State doctors can be used as evidence before the
court, not reports based on an independent medical examination.
482. It was also reported that many people who have been subjected to torture
are afraid to bring charges against the officials involved due to fear of
further reprisals. On the other hand, the investigations of a case of alleged
use of torture are carried out by the local police, which means the persons
who are charged or persons who are in close contact with other officials
charged. As a result, hardly any cases of suspected torture have been
subjected to serious investigations. In addition to this, the provinces under
the emergency rule apply article 15 of the Anti-Terror Law. This means that a
complaint concerning the alleged use of torture or ill-treatment carried out
by officials during detention of a person suspected of crimes according to the
Anti-Terror Law's definition of terrorism will be submitted for investigation
by the local administrative council which will then decide whether or not the
case should be prosecuted in a court. The administrative councils are,
according to the reports, comprised of members of the local executive who have
no legal background and may be open to influence from local security force
commanders. Furthermore, such hearings are conducted in camera and
complainants and their lawyers are not able to follow the course of their
cases closely.
483. In May 1992 draft reforms of detention procedures were reportedly
submitted by the Turkish Grand National Assembly to the President for his
final signature. The draft allegedly reduces the police detention period for
collective crimes from 30 to 16 days for the 10 provinces under emergency rule
and from 15 to 8 days for the rest of the country. The draft also emphasizes
the right of a detainee to have access to a lawyer. According to the reports
received the draft of the amendment was vetoed by the President so that it has
to be debated again by the Grand National Assembly.
484. Reports were also received concerning the Eskisehir high security prison,
located 150 kilometres from Ankara. This prison was said to be built in such
a way as to keep prisoners in total isolation, in accordance with article 16
of the Anti-Terror Law which states that any prisoner standing trial or
convicted under the provisions of this law is to be held in extreme conditions
of solitary confinement. It was reported that in November 1991 a large number
of political prisoners were moved from all over the country to this prison
where they were all seriously beaten upon arrival, leaving many with broken
bones or unable to walk.
(b) Individual cases transmitted to the Government
485. Hüseyin Aten and Salih Yilmaz were allegedly arrested in January 1991 in
Bilican village (Kavsakli) by military officers. For nine days they were
deprived of food and water, beaten severely and given electric shocks.
486. Ibrahim Türk was arrested on 6 May 1991 in Bismil and taken under police
custody to Diyarbakir where he was beaten, hosed with pressurized cold water,
suspended by the wrists with his arms tied behind his back and subjected to
electric shocks.
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