E/CN.4/1990/17
page 78
periods" and "Right to consult one's attorney", respectively, seen to be of
particular relevance to the Special Rapporteur's recommendations. They read
as follows:
"Shortening of detention periods
"Detention period for individual offences is 24 hours. However, for
collective offences it can be extended to 15 days by obtaining permission
from the public prosecutor or by court order in urgent circumstances.
"In accordance with a proposed amendment in the Code of Criminal
Procedure, the duration of the detention period for collective offences
which fall within the jurisdiction of the ordinary criminal courts is to
be lowered from 15 days to 4 days.
"For offences which fall within the jurisdiction of State security
courts, this period is lowered from 15 days to 6 days. This 6-day
detention period may be extended to 10 days, if the offence is committed
by more than 10 people, for 5 years after the bill is passed. Such a
provision needs to be kept for a period of 5 years to be able to handle
the collective crimes which still continue to be committed in Turkey.
"Right to consult one's attorney
"Article 136 of the current Code of Criminal Procedure foresees that
defendants may consult with one or more attorneys during every phase of
their interrogation. In accordance with this article, the Ministry of
Justice, on 15 April 1986, has issued a circular pointing to this right
of the defendant.
"The contents of the above circular have been confirmed through
instructions issued on 26 September 1989 by the Prime Minister to the
Ministries of Justice and the Interior.
"Instructions issued at the highest level of the Government contain
the following elements:
"- According to article 36 of the Turkish Constitution, everyone
has the right of litigation either as plantiff or defendant before
the courts through lawful means or procedure.
"- Furthermore, article 136 of the Turkish Code of Criminal
Procedure foresees that at any and every stage of the proceedings
the accused shall have the right to seek the advice of, and be
represented by, one or more counsel. The said article has been
based on the reasoning that everyone has the right not to be
arbitrarily brought before the courts. Therefore, everyone must be
entitled to fully exercise his or her right to defence at any and
every stage of the investigation, including the preliminary
interrogation.
"- In view of the foregoing, it is concluded that any person under
custody who requests to meet the defence counsel can do so during
the preliminary interrogation.
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