A/HRC/7/3/Add.2
page 145
724.
Therefore, any statement taken before 1 June 2005 in the absence of a defence
counsel during a case that is pending as of 1 June 2005, can be renewed in the presence
of a defence counsel on various grounds. For instance, such a renewal can be requested
on the basis of an objection that the statement was not made of free will or that it was
extracted under torture, ill-treatment, pressure, force or other prohibited methods.
Renewal can also be ordered by the court if it is not convinced that the statement or
confession is indeed made of free will. This aspect is also given due consideration by the
Court of Cassation. In addition, provisions of the new Criminal Procedure Code apply to
statements taken following the decision of reversal. On the other hand, if there is an
allegation that a statement was obtained by use of torture against a suspect or an accused
before 1 June 2005, it would be investigated thoroughly by the relevant authorities.
725.
Recommendation (l) stated: A system permitting an independent body,
consisting of respected members of the community, representatives of legal and
medical professional organizations and persons nominated by human rights
organizations, to visit and report publicly on any place of deprivation of liberty
should be set up as soon as possible.
726.
According to non-governmental sources, while over the past few years there
have been fewer reported cases of torture in police or gendarmerie custody (and in
particular a reduction of reports of torture in anti-terror departments of the police), there
are still insufficient safeguards in place to prevent a possible future rise in cases. Lack of
independent monitoring of places of detention has been repeatedly remarked upon by
domestic and international human rights NGOs and lawyers, with future ratification of
the OPCAT seen as extremely important. Information is awaited on plans for
strengthening the independent monitoring powers of the Human Rights Boards.
727.
In addition to previously reported information (e.g. A/HRC/4/33/Add.2, paras.
653-658, and E/CN.4/2006/6/Add.2, para. 333), the Government cited that CPT has
stressed in a recent report that “it is more than ever the case that detention by law
enforcement agencies is currently governed by a legislative and regulatory framework
capable of combating effectively torture and other forms of ill-treatment by law
enforcement officials” (CPT/Inf (2006) 30, para. 12).
728.
Recommendation (m) stated: The Government should give serious
consideration to inviting the International Committee of the Red Cross (ICRC) to
establish a presence in the country capable of implementing a thorough system of
visits to all places of detention meeting all the standards established by the ICRC for
such visits.
729.
According to non-governmental sources, noting the standing invitation to
Special Procedures, and a subsequent request by the Special Rapporteur on the
independence of the judges and lawyers, an invitation to him would be an extremely
constructive and valuable step on the part of the Government. Concerns about the
independence of the judiciary in Turkey have been repeatedly voiced by human rights
groups and the concerns expressed cannot be said to have been laid to rest with the 2004
abolition of the State Security Courts.
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