E/CN.4/2006/6/Add.2
page 69
319. The Government informed that according to Article 50 of the Criminal Code,
commutations only apply to offences which are punishable by short term imprisonment of up to
one year. Torture is an offence punishable by three to 15 years’ imprisonment and ill-treatment
is an offence punishable by two to five years’ imprisonment. Accordingly, penalties for torture
and ill-treatment cannot be commuted. According to Article 51 of the Criminal Code,
suspensions can only be applied to sentences of imprisonment of up to two years. Accordingly,
sentences imposed for torture cannot be suspended. Sentences imposed for ill-treatment cannot
be suspended if they exceed two years’ imprisonment. Amendments made to the Criminal
Procedure Code on 7 August 2003, stipulate that investigations and prosecutions for torture and
ill-treatment must be treated as urgent matters and dealt with as priority cases. According to the
amendments, cases related to these offences cannot be adjourned for a period of more than 30
days unless there are compelling reasons. These cases must also be dealt with during judicial
holidays. The Government also reported that as of January 2003, it is no longer necessary to
obtain prior administrative authorization before prosecuting public officials on charges of torture
and ill-treatment. Furthermore, sentences imposed under Article 243 (torture) and Article 245
(ill-treatment) of the Criminal Code can no longer be converted into fines.
320. Recommendation (h) stated: Any public official indicted for infliction of or
complicity in torture or ill-treatment should be suspended from duty.
321. According to information from NGOs, there has been no improvement regarding the
suspension of officials indicted on charges of torture or ill-treatment. The old Turkish Penal
Code authorized judges to rule on whether a public official indicted on charges of torture or illtreatment should be suspended from duty. However, this provision was hardly ever used in
practice. In the new Turkish Penal Code, which came into force on 1 June 2005, it is now the
responsibility of the administrative authorities to decide whether a public official indicted on
charges of torture or ill-treatment should be suspended from duty.
322. The Government informed that Article 53(1) of the Criminal Code allows the courts to
rule on the temporary or permanent suspension from duty of public officials who are convicted
of offences.
323. Recommendation (i) stated: The police and jandarma should establish effective
procedures for internal monitoring and disciplining of the behaviour of their agents, in
particular with a view to eliminating practices of torture and ill-treatment.
324. According to information from NGOs sources, the internal monitoring mechanisms that
are currently in place are not effective in practice.
325. The Government reported that the Bureau for Inquiry into Allegations of Human Rights
Violations was established within the Inspection Board of the Ministry of the Interior in March
2004. Allegations of human rights violations received by the central and regional branches of
the Ministry of Interior are now being referred to the new Bureau for investigation. If the
Bureau deems it necessary, public inspectors are appointed to conduct an investigation. The
public inspectors are authorized to monitor all places of detention and will receive courses on
human rights. The Bureau has received 1339 email applications through a human rights website
launched to create a single point of contact for allegations of human rights violations. In
addition, a total of 204 written applications were made by individuals and others. During the
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