A/HRC/34/54
authorities’ unequivocal commitment to a zero-tolerance policy on torture, but also
expressed concern about the significant disconnect between policy and reality. Most
notably, he observed that the sweeping security measures taken by the Government in
response to the failed coup d’état of 15 July seemed to have resulted in a general sense of
intimidation and distrust among many segments of the population, which prevented not
only detained persons and their families but also lawyers and doctors and other members of
civil society from initiating or participating in any procedure that might be perceived —
rightly or wrongly — as opposing or criticizing the Government and its officials, including
complaints of or investigations into allegations of torture or other forms of ill-treatment.
9.
The Special Rapporteur also observed that some recently adopted legislation and
statutory decrees had created an environment conducive to torture and other forms of illtreatment. These included the extension of the period of custody without judicial review to
30 days, the extension of the period without access to a lawyer to five days, the denial of
confidential exchange between inmates suspected of terrorist crimes and their lawyers, and
the introduction of — albeit overturnable — immunity from criminal prosecution for forces
conducting counter-terrorist operations in the south-east.
10.
In view of the various concurrent crises in the country, the Special Rapporteur
expressed his sincere solidarity with all segments of the population of Turkey and fully
recognized the Government’s right to protect its citizens and institutions through
extraordinary measures. However, he also reminded the authorities that expedient access to
lawyers and judicial review were indispensable for the prevention of torture and other
forms of ill-treatment. He therefore appealed to the Government to publicly reinforce its
zero-tolerance policy on torture and, in particular, to unequivocally make clear to State
officials at all levels that they were expected and, indeed, obliged to report and investigate
all allegations of torture and to bring perpetrators to justice.
11.
The preliminary observations on the visit can be consulted on the OHCHR website; 1
a full report will be presented to the Human Rights Council at its thirty-seventh session.
III. Methodology of the Special Rapporteur
12.
The Special Rapporteur wishes to express his sincere acknowledgement of and
gratitude for the outstanding work accomplished by his predecessors since the
establishment of the mandate in 1985. Throughout his tenure, he intends to consolidate and
build on their achievements, pursuant to Human Rights Council resolution 25/13 and in
accordance with the Code of Conduct for Special Procedures Mandate-holders of the
Human Rights Council and the Manual of Operations of the Special Procedures of the
Human Rights Council. The Special Rapporteur acknowledges that the mandate is part of a
wider system, and wishes to continue to work in close cooperation with the Committee
against Torture, the Subcommittee on Prevention of Torture, the United Nations Voluntary
Fund for Victims of Torture and other special procedure mandate holders as well as with
regional anti-torture mechanisms, States and civil society actors. He intends to ensure that
the synergies between the guardians of the protection against torture are not only preserved
but, if possible, developed even further.
13.
In the course of the past three decades, the mandate has contributed significantly to
the steady development, expansion and consolidation of an impressive institutional and
normative anti-torture framework. This includes, most notably, the growth of a tightly knit
treaty-based system including the Convention against Torture and Other Cruel, Inhuman or
1
4
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20976&LangID=E.