E/CN.4/2005/62/Add.2
page 43
185. The Government reported that Turkey has extended a standing invitation to the special
procedures of the Commission on Human Rights. In principle any special rapporteur of the
Commission is welcome to visit Turkey. Since 1999, the Special Rapporteur on freedom of
religion or belief, the Representative of the Secretary General on internally displaced persons,
the Special Rapporteur on the right to education, the Special Rapporteur on the adverse effects of
the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment
of human rights, and the Special Rapporteur on extrajudicial, summary, or arbitrary executions
visited Turkey, whilst the Special Representative of the Secretary General on human rights
defenders visited Turkey in October 2004. Since the State Security Courts were abolished (see
para. 157), detainees’ right to access to counsel ensured and effective measures adopted to
punish the perpetrators of human rights violations, it is considered that the reasons cited in
recommendation (n) for the need to extend an invitation to the Special Rapporteur on the
independence of judges and lawyers to visit Turkey are no longer valid.
186. Recommendation (o) stated: Similarly, in view of the frequent detention of
individuals under the Anti-Terror Law, seemingly for exercising their right to freedom
of opinion and expression and of association, the Government may also wish to give
serious consideration to extending an invitation to the Working Group on Arbitrary
Detention.
187. The Government reported that various amendments have been introduced to the AntiTerror Law since 2002. In that regard, article 7 of the Anti-Terror Law was amended to restrict
the context in which propaganda could be prosecuted as a criminal offence: the article was
redrafted to read “propaganda that encourages terrorism”. A further amendment to article 7 of
the Anti-Terror Law, which deals with aiding and abetting terrorist organizations, incorporated
the expression “(incitement to) violence” into the text of the article in order to meet the criteria
sought by the ECHR. As such, only propaganda that incites to terrorism and other forms of
violence are considered to be a criminal offence. A significant change was recorded on 19 June
2003 by the repeal of article 8 of the Law to expand freedom of thought and expression, and the
use of force or violence becomes a prerequisite in the definition of the crime of terror. As for the
recommendation to extend an invitation to the Working Group on Arbitrary Detention, Turkey’s
cooperation with and the standing invitation to the special procedures of the Commission has
already been explained in the previous reply.
Uzbekistan
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to
Uzbekistan in November and December 2002 (E/CN.4/2003/68/Add.2, para. 70).
188. By letter dated 22 September 2004, the Special Rapporteur transmitted to the
Government information received from non-governmental sources. By letter dated 15 November
2004, the Government provided information on the follow-up measures taken.
189. Recommendation (a) stated: First and foremost, the highest authorities need to
publicly condemn torture in all its forms. The highest authorities, in particular those
responsible for law enforcement activities, should declare unambiguously that they will not
tolerate torture and similar ill-treatment by public officials and that those in command at
the time abuses are perpetrated will be held personally responsible for the abuses. The
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