CAT/OP/TUR/1
24.
The fact that 9 of the 11 members of the board of the human rights institution are
selected either by the President of Turkey or by the Council of Ministers has led to a
perception of interdependence, a significant obstacle to the public and to civil society,
which has also been raised as a barrier to collaboration. Moreover, the lack of public
consultation on the establishment of the national preventive mechanism has caused
scepticism among civil society, with whom the mechanism should smoothly collaborate. In
addition, the absence of a clear distinction between the mechanism and the institution as
regards their board members, staff and functioning threatens the mechanism’s institutional
and functional independence.
25.
The Subcommittee therefore recommends that the State party establish a
transparent and competitive appointment procedure and consult with civil society
organizations and other stakeholders with expertise in the field of torture prevention
prior to the selection of mechanism members. The State party should ensure that
candidates of different backgrounds may be considered for membership in the
mechanism, in line with article 18 (2) of the Optional Protocol.
26.
The Subcommittee also recommends that the State party clearly separate the
mandate of its national human rights institution from that of the national preventive
mechanism or identify segregated mechanism functions within the institution that can
be performed completely autonomously, in line with the mechanism guidelines of the
Subcommittee.
27.
The Subcommittee encourages the enactment of legislation, as elaborated in
paragraph 22, that ensures the institutional and functional independence of the
mechanism, with due consideration to the Paris Principles.
Visibility and cooperation
28.
The Subcommittee has observed that there is limited cooperation and interaction
between the relevant authorities and the national preventive mechanism. While some
authorities referred to cooperation with the human rights institution in Turkey, this seems to
have been more often in relation to its function as a national human rights institution rather
than its function as a national preventive mechanism. The Subcommittee notes that many
authorities referred to the institution and the mechanism indiscriminately, which indicates a
lack of clear understanding of the specific mandate of the mechanism and its distinct role
from that of the institution. The Subcommittee considers the mechanism to be largely
invisible within the institution, which may have a detrimental effect on the mechanism’s
efficiency. Without a separate legislative mandate, specified mechanism tasks, specifically
allocated resources and systematic cooperation with other national and international
stakeholders, it is difficult to perceive the mechanism as its own entity.
29.
The Subcommittee notes that a variety of bodies monitor places of deprivation of
liberty in the State party, including the mechanism, the ombudsman institution, the
Parliamentary Human Rights Committee, the prison monitoring boards of the Ministry of
Justice and the Human Rights Department within the General Command of the
Gendarmerie. The overlap between bodies monitoring the same institutions could risk
creating a duplication of work, which should be avoided in order to use resources
efficiently. It also risks creating confusion on the part of authorities in charge of places of
detention as well as personnel working therein as to the mandate and identity of the
mechanism. In addition, this overlap reduces the effectiveness of the work undertaken by
the mechanism and may lead to incoherent results due to parallel monitoring.
30.
The Subcommittee has observed that, apart from occasional joint visits, there is no
regular interaction or systematic cooperation between these bodies and the mechanism. The
result is that the efforts undertaken for the prevention of torture are largely ad hoc and
irregular in nature, lacking any overall strategy, systematized follow-up and coordination.
The Subcommittee wishes to stress that the absence of a platform for coordination is not
reflective of the State party’s zero-tolerance policy on torture and could be an indicator of a
lack of a coherent and well-defined national strategy to prevent torture and ill-treatment.
31.
The Subcommittee notes that several stakeholders, including civil society, have
requested that the mechanism be more participatory. As it stands, the mechanism does not
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