CAT/OP/TUR/1
complete financial and operational autonomy. This implies that a mechanism
designated within a national human rights institution should enjoy such autonomy not
only from the State party that designated it but also from the larger institution in
which it is housed. The Subcommittee therefore recommends that the State party
ensure that the funding provided to the mechanism is made through a separate line in
the national annual budget referring specifically to the mechanism and ensure that the
mechanism has its own infrastructure and is based in its own premises. 5
42.
The Subcommittee also recommends that the State party facilitate joint
training of members and staff of the national preventive mechanism in order to
enhance its ability to efficiently fulfil, collectively and individually, its functions as
provided in the Optional Protocol.6 Such training should cover interview techniques,
visiting procedures and skills to detect signs and risks of torture and ill-treatment, in
order to develop mechanism working methods and a comprehensive visiting
methodology that will highlight institutional and systematic challenges, including
those affecting vulnerable populations in places where persons are deprived of their
liberty, as well as training on other preventive activities, as elaborated above in
paragraph 39.
43.
The Subcommittee wishes to be informed, as a matter of priority, about the
steps taken by the State party to provide the mechanism with adequate human and
financial resources to allow for its complete financial and operational autonomy.
IV. Final recommendations
44.
The Subcommittee recalls that the prevention of torture constitutes an ongoing and
wide-ranging obligation of the State party, 7 which is achieved in part by the establishment
and operation of an efficient national preventive mechanism.
45.
The Subcommittee therefore requests that the State party keep the
Subcommittee informed on an annual basis of any legislative and policy changes and
other relevant developments regarding the mechanism, in order that the
Subcommittee might continue to assist the State party in fulfilling its obligations
under the Optional Protocol.
46.
The Subcommittee emphasizes that its visit provides Turkey with an ideal
opportunity to demonstrate its goodwill and readiness to fulfil its international obligations
under the Optional Protocol, including in the context of negotiations on chapter 23
(“Judiciary and fundamental rights”) of the State party’s European Union accession process.
In this respect, the Subcommittee regards its advisory visit and the present report as the
commencement of a constructive dialogue with the State party. The Subcommittee stands
ready to assist Turkey in fulfilling its obligations under the Optional Protocol, in particular
by the provision of technical assistance and advice, in order to achieve the common goal of
prevention of torture and ill-treatment in places of deprivation of liberty in the State party.
47.
The Subcommittee therefore encourages the State party to promptly take
advantage of the Subcommittee’s advisory function, in line with article 11 (b) of the
Optional Protocol, as soon as such advice and assistance is needed. In addition, and
further to paragraph 11 of the present report, the Subcommittee recommends that the
State party make this report public, believing this in itself to be a preventive measure.
Further, the Subcommittee recommends that the State party distribute this report to
all the relevant government departments and institutions.
5
6
7
Ibid.
Ibid., para. 31.
General comment No. 2 (2007) on the implementation of article 2, paras. 3–4.
9