A/HRC/4/33/Add.2
Page 109
616.
According to information received from NGOs and other sources, the Code of Criminal
Procedure of 1 June 2005 provides that persons can be held in police custody for a maximum of
24 hours for individual crimes and four days for joint crimes. In both cases, an extension of three
days is possible, and in case of emergency, seven days. However, police custody exceeding the
legal periods, as well as cases of unrecorded detention, are still reported.
617.
The Government stressed that time limits on custody were being respected and custody
registers were properly completed, which was confirmed by CPT in its report [CPT/Inf (2006)
30]. The allegation in the NGO submission that “police custody exceeding the legal periods as
well as cases of unrecorded detention are still reported” is groundless. If any such allegation is
reported to the relevant judicial authorities, it shall be investigated thoroughly.
618.
Recommendation (c) stated: Pilot projects at present under way involving
automatic audioand videotaping of police and jandarma questioning should be rapidly
expanded to cover all such questioning in every place of custody in the country.
619.
According to information received from NGOs and other sources, audio- and
videotaping of interrogations are still not common standards.
620.
The Government informed that article 147/h of the new Criminal Procedure Code
envisages the use of technical facilities for recording proceedings on interrogation and statement
taking. In addition, article 11 (g) of the Regulations on Apprehension, Detention and Statement
Taking stipulates that necessary protective measures shall be taken to ensure the right to life of
persons in custody, including their surveillance which may be recorded by use of available
technical means. A system was developed in accordance with the European Union Twinning
Project called “development of statement taking techniques and interview rooms” and has been
implemented in 30 designated interview rooms. This system will be applied in all the provinces
by the end of 2011. For this purpose 2 million YTL (US $ 1,402,033) have been allocated in the
2007 budget. Modernisation programmes for jandarma custody and interrogation rooms are
currently underway depending on the availability of funds. Within the framework of the
modernisation programmes, 67 per cent of jandarma custody facilities have been brought in line
with international standards. Recently 384 audio and video recording facilities for gendarmerie
interrogation rooms have been purchased and distributed to units. It is planned to purchase 1901
more of these facilities. New projects have been designed for the purchase of audio and video
facilities to record interrogations at the anti-terror branches of Security Directorates in 34
provinces.
621.
Recommendation (d) stated: Medical personnel required to carry out examinations
of detainees on entry into police, jandarma, court and prison establishments, or on leaving
police and/or jandarma establishments, should be independent of ministries responsible for
law enforcement or the administration of justice and be properly qualified in forensic
medical techniques capable of identifying sequelae of physical torture or ill-treatment, as
well as psychological trauma potentially attributable to mental torture or ill-treatment;
international assistance should be given for the necessary training. Examinations of
detainees by medical doctors selected by them should be given weight in any court
proceedings (relating to the detainees or to officials accused of torture or ill-treatment)
equivalent to that accorded to officially employed or selected doctors having comparable
qualifications; the police bringing a detainee to a medical examination should never be
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