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(ill-treatment) of the Penal Code can no longer be converted into a fine or suspension (it should
also be recalled that the maximum penalties under articles 243 and 245 were increased in 1999).
By virtue of the seventh (European Union) harmonization package, which entered into force on 7
August 2003, amendments have been made to the CCP which stipulate that investigations and
prosecutions in respect of persons who commit offences covered by articles 243 and 245 are to
be treated as urgent matters and dealt without delay. Hence, hearings of cases related to these
offences cannot be adjourned for more than 30 days unless there are compelling reasons.
Moreover, these cases will also be dealt with during judicial holidays. After the May 2004
constitutional changes stipulating, inter alia, the superiority of international agreements to
domestic laws in the area of fundamental rights and freedoms, judges should take into account
the verdicts and interpretations of the European Court of Human Rights (ECHR) in their
respective deliberations. On that account, to acquaint all its central and local branches with the
most recent rulings of the ECHR, the Ministry of Justice publishes a periodical entitled Bulletin
of Judicial Legislation which disseminates the Turkish translations of the recent Court rulings.
166. Recommendation (h) stated: Any public official indicted for infliction of or
complicity in torture or ill-treatment should be suspended from duty.
167. According to the information received from non-governmental sources, officials indicted
for torture and ill-treatment or complicity in such crimes are rarely suspended from duty in
practice.
168. The Government cited the following statistics: in 2003, 58 officials were prosecuted on
charges of ill-treatment; 10 were convicted, 10 were acquitted, and in two cases the proceedings
were postponed. In the first four months of 2004, 11 officials were prosecuted, five were
convicted and one was acquitted, and the cases of 290 officials remain pending from previous
years.
169. Recommendation (i) stated: The police and jandarma should establish effective
procedures for internal monitoring and disciplining of the behaviour of their agents, in
particular with a view to eliminating practices of torture and ill-treatment.
170. The Government reported that a specialized department named “Bureau for Inquiry on
Allegations of Human Rights Violations” was established within the Inspection Board of the
Ministry of the Interior in March 2004. The allegations of human rights violations received by
the central and local branches of the Ministry will be referred to the new Bureau, which will then
investigate the allegations. If the Bureau deems it necessary, public inspectors will be appointed
to conduct the investigation, who will be assisted by the inspection officials of the gendarmerie
and the Directorate of Security. The relevant public inspectors, who will receive courses on the
most recent developments in the field of human rights, are authorized to monitor all police
stations and detention houses. The new Bureau was established upon the instruction of the
Minister of the Interior as an additional preventive measure against torture. In addition, a
specialized branch named “The Gendarmerie Human Rights Violations Investigation and
Evaluation Centre (JIHIDEM)” was established in 26 April 2003 to investigate and evaluate
complaints regarding the allegations of human rights violations that occur in the gendarmerie’s
area of responsibility, or the ones that occur while the gendarmerie personnel carry out their
duties. Individuals may bring complaints to JIHIDEM on human rights violations related to
gendarmerie officials. Having received the complaint, the Centre investigates the allegations and,
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