CAT/C/TUR/CO/4
the means for as full rehabilitation as possible. The Committee draws the State party’s
attention to its general comment No. 3 (2012) on the implementation of article 14 by
States parties, in which it elaborates on the nature and scope of the obligations of
States parties under article 14 of the Convention.
Criminalization of medical treatment without a government permit
41.
The Committee is concerned that the State party has enacted legislation that
prohibits the unauthorized provision of medical services. While taking note of the
explanations given by the State party’s delegation that these provisions shall not apply in
cases of emergency, the Committee remains concerned over the negative implications that
they may have for medical professionals in direct contact with victims of torture and
ill-treatment (arts. 2 and 14).
42.
The State party should repeal those provisions in the addendum to Law
No. 3359 which could arbitrarily restrict access to the provision of medical care,
including medical examinations and rehabilitation services, for victims of torture and
ill-treatment. The State party should also ensure that health professionals are not
prosecuted for providing health care to victims of torture or ill-treatment.
Human rights defenders, journalists and medical doctors
43.
The Committee is seriously concerned about numerous consistent reports of
intimidation and harassment of and violence against human rights defenders, journalists and
medical doctors who provide assistance to victims of torture. It regrets the scant
information provided by the State party regarding the investigations into the cases raised by
the Committee, such as the murder of journalist Hrant Dink in 2007, the murder of human
rights defender Tahir Elçi in November 2015 and the attack on the Istanbul office of
Hürriyet newspaper on 7 September 2015. While taking note of the delegation’s statement
that no Turkish journalists have been arrested solely because of their journalistic activities,
the Committee remains concerned about the numerous reports received of arbitrary
detention of journalists and human rights defenders on terrorism-related charges because of
their reporting, including journalist Nedim Oruç and human rights defender Muharrem
Erbey (art. 16).
44.
The Committee urges the State party to:
(a)
Ensure the effective protection of journalists, human rights defenders
and medical doctors against threats and attacks to which they may be exposed on
account of their activities, and ensure that such cases, including the murders of Hrant
Dink and Tahir Elçi and the attack on the Istanbul office of Hürriyet newspaper, are
investigated promptly, and that suitable action is taken against those responsible and
remedies granted to the victims;
(b)
Refrain from detaining and prosecuting journalists and human rights
defenders as a means of intimidating them or discouraging them from freely reporting
on human right issues;
(c)
Ensure an independent review of cases in which journalists and human
rights defenders are presently on trial or appealing sentences handed down against
them for membership in, engaging in propaganda for, or facilitating the activities of a
terrorist organization, including the cases of Nedim Oruç, Muharrem Erbey and
other individuals, which were specifically raised with the State party’s delegation
during the dialogue.
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