E/CN.4/2005/62/Add.2
page 42
inspectors of the Ministry of Justice, the Human Rights Inquiry Commission of the Parliament,
civil monitoring boards, as well as the CPT. All of the inspections are recorded and inspection
reports are kept for further actions by the responsible authorities. The recommendations made by
the CPT after its visits are transmitted to law enforcement units with a request that they be
complied with. According to Law No. 4681 adopted by the Parliament on 14 June 2001, prison
monitoring boards were established in places where a prison or detention house is functioning.
According to this law, the board is composed of five members, who are appointed by the judicial
commission composed of the Chairman of the Serious Crimes Court, the Chief Public Prosecutor
and a judge. Membership is on a voluntary basis and no salary is received from official or nonofficial bodies. The law envisages that the members shall be graduates of a faculty of law,
medicine, pharmacology, public administration, sociology, psychology, social services,
pedagogical sciences or similar educational programmes; shall have professional experience
either in the public or private sector for at least 10 years; and have a reputation of being an
honest, impartial and decent person. The board may carry out inspections in penal institutions at
any time. However, they must visit every institution in their district at least once in every two
months. They shall monitor the enforcement of sentences, rehabilitation programmes, living and
health conditions, security measures and transfer of prisoners and shall hold private meetings
with the prisoners, interview the prison staff and examine the prison records and documents. The
boards shall prepare quarterly reports including their observations regarding the institutions
based on the information gathered. Copies of these reports shall be forwarded to the Ministry of
Justice, enforcement judges, relevant public prosecutors’ offices, as well as to the Chairman of
the Human Rights Inquiry Commission when deemed necessary. Upon receipt of a report, the
Directorate General of Prisons and Detention Houses shall take the necessary action to eliminate
a problem referred to in the report, or shall submit the report to the relevant senior authorities if it
deems that a legislative arrangement is necessary. The result of the action taken shall be
transmitted to the board in writing. NGO members can take part in the monitoring boards as
individuals. In fact, the prison administrations prefer that NGO members participate in those
exercises and provide support to the prisoners, especially in the process of reintegration and
rehabilitation to daily life.
182. Recommendation (m) stated: The Government should give serious consideration to
inviting the International Committee of the Red Cross (ICRC) to establish a presence in
the country capable of implementing a thorough system of visits to all places of detention
meeting all the standards established by the ICRC for such visits.
183. The Government reported that a Temporary ICRC Mission in Turkey, consisting of six
staff, was established in April 2003, following the crisis in Iraq. The ICRC is also assisting the
Turkish Red Crescent Society in its institutional development as well as supporting international
humanitarian law training for the armed forces and academic circles. Prisons and detention
centres in Turkey are already being monitored by the CPT.
184. Recommendation (n) stated: In view of the numerous complaints concerning
detainees’ lack of access to counsel, of the failure of prosecutors and judges to investigate
meaningfully serious allegations of human rights violations and of the procedural
anomalies that are alleged to exist in the State Security Courts, as well as questions
relating to their composition, the Government should give serious consideration to
extending an invitation to the Special Rapporteur on the independence of judges and
lawyers.
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