E/CN.4/1990/17 page 79 "- On the other hand, according to article 143 of the Turkish Code of Criminal Procedure, where it is considered that the purposes of the investigation will not be jeopardized, defence counsel may be accorded access to examine all papers and documents relative to the investigation, before the indictment is submitted to the court. "- Furthermore, the present legislation contains also safeguards against the abuse of the above rights, aiming at ensuring the sound conduct of the investigation. Article 144 of the Turkish Code of Criminal Procedure clearly states that a person under detention may at any time meet, confer and correspond with hiB attorney.. According to the 6ame article, until the opening of the final investigation, the judge may prohibit the disclosure of facts or other information unsuitable for the cognizance of the accused. Depending upon the nature of the charges and, where necessary, until the opening of the final investigation, the judge personally, or his duly appointed delegate, or a rogatory judge, may be present during the meetings between the accused and his counsel. "- Within the framework of the relevant provisions of the Turkish Code of Criminal Procedure, all officials who carry out the investigations in their capacity as deputies of the public prosecutor have been requested to allow, upon the instructions of the public prosecutor, any person under detention willing to meet his or her attorney, to do so." 258. On 17 November 1989 the Special Rapporteur received a communication from the Permanent Mission of Turkey to the United Nations Office at Geneva providing further information relative to the recommendations made by him following his visit to that country. The communication read as follows: "An information note on proposed amendments to the legislation regarding the detention period and on the possibility of the lawyers to have access to their clients under interrogation has already been sent to the Special Rapporteur. "All detained persons go through medical examination before and after the interrogation. The medical examination is carried out by physicians completely independent from security officials. "The institution of 'Ombudsman' seems to be not applicable to the Turkish legal system. According to the Turkish Constitution, all acts of the executive branch of the State are placed under the supervision of the judicial power, which is completely independent in the discharge of its functions. The Special Rapporteur has already been provided with information on ways and means to investigate torture complaints. "According to the present legislation, torture is a crime which requires the imposition of severe penalties.

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