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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