CAT/C/TUR/CO/4
to the police, in particular the expanded power to use firearms against demonstrators (arts.
2, 12, 13 and 16).
16.
The State party should:
(a)
Ensure that prompt, impartial, and effective investigations are
undertaken into all allegations relating to the excessive use of force by law
enforcement officers and ensure that the perpetrators are prosecuted and the victims
adequately compensated;
(b)
Increase its efforts to systematically provide training to all law
enforcement officers on the use of force, especially in the context of demonstrations,
taking due account of the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials.
Definition and criminalization of torture
17.
Although the Criminal Code defines torture as a specific offence, the Committee
notes that the definition set out in article 94 is incomplete inasmuch as it fails to mention
the purpose of the act in question. There is also no specific mention of the act of torture
carried out in order to intimidate, to coerce or to obtain information or a confession from a
person other than the person who was tortured (art. 1).
18.
The State party should align article 94 of the Criminal Code with article 1 of
the Convention by: (a) identifying the motivating factors or reasons why torture is
being inflicted; and (b) including in the definition acts intended to intimidate, coerce
or obtain information or a confession from a person other than the victim. In this
regard, the Committee recalls its general comment No. 2, which states that serious
discrepancies between the Convention’s definition and the definition in a State party’s
law create actual or potential loopholes that can foster impunity (see CAT/C/GC/2,
para. 9).
Fundamental legal safeguards
19.
While taking note of the legal safeguards enshrined in Turkish legislation, the
Committee is concerned at recent amendments to the Code of Criminal Procedure, which
give the police greater powers to detain individuals without judicial oversight during police
custody. Placing suspects under constant video surveillance in their cells is another matter
of concern (art. 2).
20.
The State party should ensure that all detainees are afforded, by law and in
practice, all fundamental safeguards from the very outset of their deprivation of
liberty, including the right to be brought before a judge without delay. The State
party should continue to install video surveillance in all areas of custody facilities
where detainees may be present, except in cases in which detainees’ rights to privacy
or to confidential communication with their lawyer or doctor may be violated. Such
recordings should be kept in secure facilities and made available to investigators,
detainees and lawyers.
Enforced disappearances
21.
The Committee is concerned at the “almost complete lack of accountability for cases
of enforced disappearance” in the State party and its “palpable lack of interest [in] seriously
investigating, prosecuting and adjudicating these cases”, as reported by the Working Group
on Enforced or Involuntary Disappearances in its preliminary observations publicly
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