E/CN.4/2005/62/Add.2
page 35
the Form in his/her own handwriting, stating a phrase such as “I do not want a lawyer”, and to
verify this situation with his/her signature. The Form has been translated into 11 languages and it
is to be found in the units concerned. In addition, illiterate persons are orally informed of their
rights and this is continuously monitored by superior officers. It can be concluded that due to
these legislative measures, recommendation (a) of the former Special Rapporteur on torture has
already been met by Turkey. This was confirmed in the report of the European Committee for
the Prevention of Torture (CPT) (CPT/Inf (2004) 16). In addition, to ensure that all detainees
have access to a lawyer, Turkish authorities have taken further steps regarding the
confidentiality, length and venue of the meetings between the detainees and their lawyers.
Accordingly, the Ministry of the Interior issued a circular on 1 August 2003, and in line with the
recommendations of the CPT, stipulated that at the end of a detainee-lawyer meeting, a record
should be drawn up indicating the length of the meeting and whether its confidentiality had been
observed, this record being signed by both the lawyer and the detained person. It is also
stipulated in the above-mentioned circular that a suitable room should be allocated for meetings
between detained persons and their lawyers in all law enforcement units dealing with custody
procedures. The CPT delegation that visited Turkey in September 2003 observed the existence of
such rooms in many of the establishments visited.
149. Recommendation (b) stated: The legislation should be amended to ensure that any
extensions of police custody are ordered by a judge, before whom the detainee should be
brought in person; such extensions should not exceed a total of four days from the moment
of arrest or, in a genuine emergency, seven days, provided that the safeguards referred to
in the previous recommendation are in place.
150. According to the information received from non-governmental sources, in practice, when
extensions to the custodial period are applied for, the permission is sometimes granted by the
judge by telephone and the detainee may not be brought before the judge in person.
151. The Government drew attention to information previously provided concerning periods
of detention. (E/CN.4/2004/56/Add.3, para. 236). With the recent legal amendments, the initial
police/gendarmerie custody period is shortened to 24 hours. In the case of collective offences
(three or more persons), the custody period may be extended up to a maximum of four days, by
written order of the public prosecutor. As the criteria required to enable the public prosecutor to
extend the custody period in the case of collective offences are specified, there are no provisions
preventing the detained person from being heard by the public prosecutor when the latter decides
on whether these criteria have been met. Likewise, under article 136 of the CCP and article 19 of
RACT, there are no provisions preventing the lawyer from being present at this interview either.
In addition, even if the public prosecutor has given a decision to extend the custody period
without hearing the detained person, the latter and the other persons referred to in the third
paragraph of article 128 of the CCP (i.e. legal representative, first- or second-degree blood
relations or spouse) may file an objection to this decision before the competent judge. The
intention here is to make the public prosecutor’s decision subject to a judge’s supervision and
thus to prevent possible arbitrary practices and ensure that individuals’ rights are respected. In
particular, in cases where the custody period may be extended by decision of a prosecutor, there
is a requirement that the person whose custody period is to be extended be heard by a judge. The
respective rules on custody periods and their extension are strictly observed by the law
enforcement officials, as confirmed in the report of the CPT (CPT/Inf (2004)16).
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