A/HRC/4/33/Add.2 Page 107 authorities to create “an independent and impartial investigation mechanism with the power to investigate promptly allegations of torture or other ill-treatment. It is crucial that such a mechanism be located outside the institution that is alleged to have committed the acts of torture under investigation” (A/HRC/4/26/Add.2, para. 91 (a)). Moreover, he would also like to reiterate that there should be a review by an independent body of undisputed integrity of all cases in which the primary evidence against convicted persons is a confession allegedly made under torture (see also A/HRC/4/26/Add.2, para. 91 (b) and A/HRC/4/040/Add.5, para.,. 78). 607. Recommendation (a) stated: The legislation should be amended to ensure that no one is held without prompt access to a lawyer of his or her choice as required under the law applicable to ordinary crimes or, when compelling reasons dictate, access to another independent lawyer. 608. According to information received from NGOs and other sources, with the entering into force of a new Turkish Criminal Procedure Code on 1 June 2005, the scope of crimes requiring compulsory legal representation was expanded. On the other hand, the new anti-terrorism legislation of 2006 further restricts the right of access to a lawyer; the right can be suspended for 24 hours. Moreover, in practice, access to lawyers is impeded by security forces to the maximum extent. Finally, the Government lacks financial resources to ensure an effective legal aid system. 609. The Government informed that all criminal suspects have, from the outset of custody, the right of access to a lawyer (including free legal assistance, private detainee-lawyer consultations and the possibility for lawyers to be present when statements are taken). The Council of Europe’s Committee on the Prevention of Torture (CPT) stated in its report [CPT/Inf (2006) 30] that “the information gathered during the December 2005 visit confirmed that there had been a significant increase in the number of persons enjoying access to a lawyer whilst in police custody, including in cases where the assistance of a lawyer was not obligatory.” In 2005, 5753 suspects out of 7728 who were apprehended by anti-terror, smuggling and organized crimes branches of nation-wide police, had access to their lawyers. From 1 January to 31 August 2006, 7388 suspects out of 8524 suspects in total, had access to their lawyers. 610. Efforts in the field of professional training have been intensified in 2005. As part of the training programme for the period 2005-2006, a total of 56,000 law enforcement officials both at headquarters and at regional levels received training on the provisions of the new Turkish Penal Code and Criminal Procedure Code concerning investigations, with particular focus on the rights of suspects, including right to access to a lawyer. In 2005, 175,000 leaflets entitled “Rights to be informed during apprehension” were printed and distributed to all law enforcement officials. Also in 2005, nine seminars were held on the theme of “Promotion of Cooperation in Trials” with the participation of various bar associations. 611. The provisions of the new Criminal Procedure Code No. 5271 regarding the right to access to lawyer by suspects or accused persons, have been explained in detail in the Information Note of the Permanent Mission dated 31 October 2006, Ref. No. 570.30.1/2006/BMCO DT/10604. These provisions have introduced an effective legal aid system, the positive results of which have become apparent in practice with their implementation. 612. It was further explained in the Information Note of the Permanent Mission dated 11 January 2006, Ref. No. 570.30.1/2006/BMCO DT/242, that article 149 of the Criminal Procedure Code explicitly prohibits any act preventing or restricting the exercise of the right to

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