CAT/C/TUR/CO/3
concerning allegations of torture and ill-treatment shall be conducted by the Public
Prosecutor and not by law enforcement officers. In this respect, the Committee is further
concerned at the lack of clarity surrounding the current system of administrative
investigation into allegations of police abuse, which lacks impartiality and independence,
and that prior authorization for investigating the highest level law enforcement officers is
still permitted under the Criminal Procedure Code. The Committee is also concerned by
reports that independent medical documentation of torture are not entered into evidence in
court rooms and that judges and prosecutors only accept reports by the Ministry of Justice’s
Forensic Medicine Institute. Furthermore, while noting the project launched in 2006 to
introduce an “Independent Police Complaints Commission and Complaints System for the
Turkish Police and Gendarmerie”, the Committee is concerned that no independent police
complaints mechanism is yet in place. The Committee is concerned about a pattern of
delays, inaction and otherwise unsatisfactorily handling by authorities of the State party of
investigations, prosecutions and conviction of police, law enforcement and military
personnel for violence, ill-treatment and torture offences against its citizens (arts. 12 and
13).
The Committee calls on the State party to strengthen ongoing efforts to
establish impartial and independent mechanisms to ensure effective, prompt,
and independent investigations into all allegations of torture and ill-treatment.
As a matter of priority, the State party should:
(a)
Strengthen the efficiency and independence of public prosecution
by increasing the number, authority and training of investigating prosecutors
and judicial police;
(b)
Ensure preservation of evidence until the arrival of the prosecutor
and instruct courts to consider the possibility of tampered or missing evidence
as central factors in trial proceedings;
(c)
Ensure that prosecutors and judicial officers read and evaluate all
medical reports documenting torture and ill-treatment from medical personnel
and forensic doctors, irrespective of institutional affiliation, who are competent
and have specialized training on the Manual on Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Istanbul Protocol);
(d)
Establish an independent police complaint mechanism, as planned
for by the Ministry of Interior;
(e)
Amend article 161, paragraph 5, of the Criminal Procedure Code,
as amended by article 24 of Law No. 5353 of 25 May 2005, in order to ensure
that special permission is not needed to prosecute high level officials accused of
torture or ill-treatment. To the same effect, the State party should repeal article
24 of Law No. 5353.
Failure to investigate disappearances
9.
The Committee is concerned at the lack of information from the State party on
progress made in the investigation into cases of disappearances. In particular, the
Committee is concerned at: (a) the number of outstanding cases of disappearances
identified by the Working Group on Enforced and Involuntary Disappearances (63 cases as
of 2009), and (b) at the lack of information on progress in investigating disappearances
cases for which the State party has been found in violation of articles 2, 3 and 5 under the
European Convention of Human Rights (Cyprus v. Turkey and Timurtas v. Turkey of the
European Court of Human Rights). The Committee is further concerned at the lack of: (a)
information on the effective, independent and transparent investigations into such cases,
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