108. With regard to article 2 of the Convention, the representative stated
that responsibility for applying article 19 of the Constitution was vested in
independent jUdges. Referring to the duration of detention for persons
involved in collective offences, he explained that the question concerned o"ly
a small percentage of all detainees and that detention periods were to be
shortened under the bill of amendments to the Code of Criminal Procedure
mentioned in the report which covered emergency legislation. The families of
persons arrested or detained were informed first of all by the police and then
by the prosecutor. Only the judge 'was empowered to prolong detention. Law
enforcement was the responsibility of the security forces. The number of
detainees in Turkish prisons was at present approximately 50,000.
109. Furthermore, the representative pointed out that prisoners of conscience
sentenced for an offence against the State were small in number. On the other
hand, approximately 3,000 persons were still being detained or had been
sentenced for having committed acts of violence, particularly acts of
terrorism, -over the past 10 years. A death sentence could not be carried out
without the approval of Parliament, which currently had approximately
270 death sentences before it. Since November 1984, no condemned person had
been executed. Being held incommunicado in prison was only a disciplinary
measure which had now been abolished. The parliamentary commission on human
rights would concentrate mainly on the preparation of new laws. The results
of its work would be communicated in the next periodic report.
110. The representative denied that his Government was seeking to compel Iraqi
citizens housed in temporary reception centres to return to their country.
For the past two years Turkey had been appealing to all the parties interested
in the fate of those displaced persons to shoulder their responsibilities and
to find means of resettling them, but so far its appeals had remained
unheeded. The reception centres in question were open aud Turkey was working
together with the United Nations High Commissioner for Refugees.
111. With reference to artiCle 4 of the Convention, the representative pointed
out that the punishment that could be imposed on perpetrators of torture
varied according to the seriousness of the offence and could amount to as much
as 10 years' imprisonment. Moreover, the penalties provided for in the
Penal Code could be doubled. If the perpetrator ef an act of torture could
not be identified, the State became responsible. An action for compensation
could be brought against the Ministry of the Interior.
112. In connection with article 5 of the Convention, the representative
provided detailed information about the number of alleged cases of torture
brought before the courts in Turkey. The difference between the number of
complaints made and the number of sentences handed down for torture was
explained by the fact that only cases already tried were indicated. There
were still 354 persons charged with torture who had not yet been tried.
113. Referring to articles 8 and 15 of the Convention, the representative
considered that their provisions were directly applicable in Turkey.
114. With regard to articles 10 and 11 of the Convention, the representative
stated that in Turkey forensic physicians were fully independent and that
prison doctors and warders were provided with human rights training, although
resources allocated to such activities were limited. As to the improvement of
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