E/CN.4/2005/62/Add.2 page 34 ante la Asamblea General los objetivos de España en este terreno, situase en primer lugar “la firma y ratificación del Protocolo Facultativo a la Convención de Naciones Unidas contra la Tortura". Se han iniciado ya los trámites internos que deberán conducir a la mayor brevedad posible a la firma y la ratificación por España del Protocolo Facultativo. La ratificación del Protocolo Facultativo permitirá que España, que ya es parte en la Convención contra la Tortura y otros Tratas o Penas Crueles, Inhumanos a Degradantes y, en el ámbito europeo, en la Convención para la Prevención de la Tortura y Tratos Inhumanos o Degradantes, continúe manteniéndose en la vanguardia en cuanto a incorporación a los instrumentas internacionales en el ámbito de la lucha contra la tortura. Turkey Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to Turkey in November 1998 (E/CN.4/1999/61/Add.1, para. 113). 145. By letter dated 22 September 2004, the Special Rapporteur transmitted to the Government information received from non-governmental sources. By letters dated 27 October 2004, the Government provided information on the follow-up measures taken. 146. 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. 147. According to information received from non-governmental sources, despite the important changes to the Regulation on Apprehension, Police Custody and Interrogation, it has been reported by lawyers in Turkey that in practice detainees are still often not being informed of their rights, either orally or in writing, including the right to remain silent and the right to immediate access to legal counsel. A general lack of awareness of rights among the public (and particularly those detained for ordinary crimes), and lack of awareness of the right to legal counsel through the Code of Criminal Procedure (CMUK) service of the local bar association, which is provided free of charge, combined with efforts by law enforcement to block knowledge of such rights means that in practice few adult detainees are able to exercise their full custodial rights. Lawyers also report that law enforcement officials often consider that access to a lawyer is not necessary until a detainee (whether adult or child) is brought before a prosecutor. Police interrogation therefore mostly takes place without the presence of a lawyer during the interrogation. 148. The Government reported that under article 136 of the Code of Criminal Procedure (CCP) and article 19 of the Regulation on Apprehension, Custody and Taking of Statements (RACT), the apprehended person or accused may appoint one or more lawyers at every stage in the investigation and may not be prevented from exercising his right to be accompanied by a lawyer and receive legal assistance from him at every stage in the investigation (e.g. during interview, statement-taking and interrogation). Article 135 of the CCP and article 19 of the RACT provide that if the accused is not in a position to appoint a lawyer, he/she may receive legal counsel free of charge from a lawyer appointed by the bar association. In line with the provisions of the Regulation, persons arrested or detained are to be given the “Form on the Rights of Suspects and Accused Persons”. If the detained person does not wish to exercise the right to appoint a lawyer, it is considered appropriate for him/her to fill out the relevant entry in