CAT/OP/TUR/1
Coverage of places of detention
37.
One important limitation on the work of the national preventive mechanism is its
limited geographic reach. The Subcommittee is aware that there are significant monitoring
gaps for places of deprivation of liberty in Turkey, given the absence of regional offices of
the mechanism and given its lack of sufficient travel budget and capacity to undertake visits
to cover some 10,000 places of detention estimated by the State party.
38.
The Subcommittee recommends that the State party develop a full list of the
types of places where persons are deprived of their liberty, in accordance with article
4 of the Optional Protocol, and ensure that the capacity of the mechanism be
increased to reflect the number of places of deprivation of liberty within its mandate,
including social-care institutions, military detention centres and immigration
detention centres throughout the territory of the State party. To that end, a new
mechanism law should ideally provide for the establishment of regional offices in the
seven regions of the State party, and the mechanism should be adequately resourced
to be able to draw on outside expertise, as necessary, in order to address the
limitations on its geographic reach.
Resources
39.
The Subcommittee is concerned that the mechanism lacks capacity to carry out
preventive work comprehensively, including visits, follow-up visits, advocacy, training
activities and public engagement,3 especially taking into account the inadequate in-house
medical, psychological and other expertise, such as in the areas of social work, security,
pedagogy and issues related to children. As of October 2015, the mechanism was composed
of 11 members, 15 experts and a number of junior and associate experts, mainly lawyers,
all of whom were also involved in functions related to the national human rights institution.
The Subcommittee notes with concern that all members of the mechanism work on a parttime basis, which limits their ability to undertake their mechanism functions. In addition,
the Subcommittee is particularly concerned that the strict financial regulations applicable to
the mechanism severely limit its ability to recruit additional staff in order to diversify its inhouse expertise. Moreover, the Subcommittee is concerned that the lack of a separate
budget and its own premises and office space adversely affects the financial and operational
independence of the mechanism.
40.
The Subcommittee reminds the State party that the provision of adequate
financial and human resources constitutes a legal obligation under article 18 (3) of the
Optional Protocol. The national preventive mechanism should be adequately
resourced so that it may increase its support staff and equip its members with the
required capabilities and professional knowledge to enable it to carry out its visiting
programme in all regions of the State party. It is recommended that, after receiving
an assessment of needs by the mechanism, the State party provide enough resources to
enable the mechanism to conduct follow-up visits and fulfil its other essential
mandated functions under the Optional Protocol. Likewise, the State party’s provision
of resources should enable the mechanism to diversify its membership, including
through the recruitment of professionals with medical, psychological and other
related expertise. In this regard, the State party should consider making membership
in the mechanism a full-time and remunerated position in order to allow the
mechanism to carry out its activities in accordance with the Optional Protocol.
Moreover, the Subcommittee recommends that the State party apply its civil service
regulations flexibly to the mechanism, or exempt it altogether, in order to allow the
mechanism to recruit additional staff, strengthen cooperation with civil society and
draw on external independent, adequately remunerated and trained professionals
with relevant expertise.
41.
Article 18 (1) of the Optional Protocol, as supported by paragraph 8 of the
mechanism guidelines of the Subcommittee,4 also requires mechanisms to have
3
4
8
CAT/OP/1/Rev.1, para. 9.
CAT/OP/12/5, para. 12.