E/CN.4/2005/62/Add.2
page 41
medication, infliction of fatigue, deception, use of physical force or violence or of certain
devices. The law enforcement officials are regularly instructed and trained about the legislative
amendments and regulations. The effectiveness of their implementation is monitored by internal
inspectors and other inspection mechanisms such as public prosecutors, ministerial inspectors
and the Human Rights Inquiry Commission of the Parliament. The Ministry of the Interior’s
circular of 16 January 2003 to all governorates, which mentions the need to take the requisite
care over practices relating to custody procedures, states that “…to bring the practical results of
the amendments and improvements introduced up to international standards, all personnel will be
required to undergo in-service training so that they assimilate the legislative improvements
designed to develop fundamental rights and combat torture and ill-treatment…. In other words,
the intention is to ensure that the statutory provisions that have been introduced do not remain on
paper, but that the personnel enforcing them internalize the spirit of this legislation.” Given the
foregoing, the practice of blindfolding detainees in police custody, among other inhuman
interventions, is forbidden, as mentioned in recommendation (j).
176. Recommendation (k) stated: Given the manifestly pervasive practice of torture, at
least up to 1996, there should be a review by an independent body of undisputed integrity
of all cases in which the primary evidence against convicted persons is a confession
allegedly made under torture. All police officials, including the most senior, found to have
been involved in the practice, either directly or by acquiescence, should be forthwith
removed from police service and prosecuted; the same should apply to prosecutors and
judges implicated in colluding in or ignoring evidence of the practice; the victims should
receive substantial compensation.
177. According to the information received from non-governmental sources, there is little
evidence of progress in this area.
178. The Government reported that a considerable amount of legislation has been introduced
in the last years to ensure that perpetrators are brought to justice. In case of appeals, the decisions
of the judiciary are re-examined by the higher judicial bodies. Moreover, Turkey has accepted
the compulsory jurisdiction of the ECHR.
179. Recommendation (l) stated: A system permitting an independent body, consisting
of respected members of the community, representatives of legal and medical
professional organizations and persons nominated by human rights organizations, to
visit and report publicly on any place of deprivation of liberty should be set up as soon
as possible.
180. According to the information received from non-governmental sources, independent
monitoring of places of detention (whether police or gendarmerie stations or prisons) is still not
authorized.
181. The Government reported that article 25 of RACT stipulates that, “Chief public
prosecutors or public prosecutors appointed by them shall, as part of their judicial duties,
examine and investigate cells, interview rooms, the situation of persons taken into custody, the
reasons for and duration of custody and all records and procedures relating to custody; they shall
record their findings in the custody register”. Penal institutions are under the constant control of
the Chief Public Prosecutor, the judges, inspectors of the Directorate General of Prisons,
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