A/HRC/7/3/Add.2
page 136
Turkey
Follow-up to the recommendations made by the Special Rapporteur in the report of his
visit to Turkey in November 1998 (E/CN.4/1999/61/Add.1, para. 113).
677.
The Government provided information by letters dated 26 October 2007 and 29
January 2008, some of which was provided in previous reports (see appendix 1).
678.
The Special Rapporteur welcomes the detailed information about the steps taken
to implement the recommendations. He notes the European Committee for the Prevention
of Torture’s (CPT) assessment following a visit in December 2005, which lauded the
improvements in terms of legislation, safeguards for detainees, conditions of detention. 7
At the same time it stressed that “there are clearly no grounds for complacency, all the
more so as reports continue to appear of ill-treatment by law enforcement officials in
different parts of the country.” He encourages Turkey to expedite its ratification of the
Optional Protocol to the Convention against Torture.
679.
Recommendation (a) stated: The legislation should be amended to ensure
that no one is held without prompt access to a lawyer of his or her choice as
required under the law applicable to ordinary crimes or, when compelling reasons
dictate, access to another independent lawyer.
680.
According to non-governmental sources, while there are great improvements in
this area, there are still cases of lawyers reporting problems in gaining access to
detainees. Although lawyers have not reported that the police routinely apply for the 24
hour postponement of access to legal counsel for a detainee provided for in cases that
fall under the remit of the Anti-Terror Law, there are indications that the existence of the
possibility to do so is undesirable given the continuing, albeit reduced, risk of torture or
ill-treatment in places of detention. Torture or ill-treatment is still reported as being most
likely to occur in the first 24 hours after arrest.
681.
In 2007 several lawyers have been impeded from meeting in private with
detainees, in violation of the law and in cases where there had been no resort to the 24hour postponement of access to legal counsel provided for in the revised anti-terrorism
law of June 2006. Elements of law enforcement agencies continue to demonstrate
negative attitudes to lawyers and adopt various tactics that obstruct them from
discharging their professional duties. There have been at least three serious cases of
violence against lawyers by law enforcement officials, such as the case of Mustafa
Rollas. Mr. Rollas, the former head of the Izmir branch of the Human Rights Association,
alleged that on 9 September 2007, he was denied access to two clients detained at a
police station known as the Fuar Asayiş Ekipler Amirliği in Izmir. When he protested, an
7
Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December
2005, 6 September 2006, CPT/Inf (2006) 30.
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