A/HRC/7/3/Add.2 page 142 704. The Law on the Duties and Responsibilities of the Police No. 2559 has been amended since its adoption in 1934. Some of these amendments have been introduced within the framework of the harmonization process of the Turkish legislation with the EU acquit. Furthermore, a new criminal justice system has been developed with the adoption of far-reaching amendments in the field of criminal law. These legislative changes govern situations of crimes after they have been committed, whereas contemporary measures of crime prevention had not been reflected in the Law on the Duties and Responsibilities of the Police. For the purposes of enhancing the effectiveness of combating crime through preventive measures in line with contemporary security concepts and approaches, the Law No. 5681 was prepared, taking into account human rights norms. 705. An investigation has been initiated in connection with the complaint of Sinan Tekpetek. 706. Recommendation (g) stated: Prosecutors and the judiciary should speed up the trials and appeals of public officials indicted for torture or ill-treatment. Sentences should be commensurate with the gravity of the crime. The protection against prosecution afforded by the Law on the Prosecution of Public Servants should be removed. 707. According to non-governmental sources, when law enforcement officials alleged to have committed grave violations are tried in court, judges too often demonstrate leniency and opt for minimal sentences. Such trials are also extremely protracted, with defendants generally remaining on active duty throughout the proceedings and repeatedly failing to attend court hearings 708. In addition to previously reported information (e.g. A/HRC/4/33/Add.2, para. 636, and E/CN.4/2006/6/Add.2, para. 319), the Government reiterated that the relevant part of the recommendation is met. It also stressed that “grave violations” committed by law enforcement officials are treated diligently by judges, who carry out their functions independently and impartially. In cases of any misconduct or neglect, it is possible to initiate a preliminary inquiry, investigation or prosecution against them under the Law No. 2802. The judgements of first degree courts may also be challenged before the Court of Cassation. If a civil servant is convicted of torture or ill-treatment, the court may order temporary or permanent suspension from duty of the civil servant under article 53/1-a of the Turkish Penal Code. Such measures are, indeed, enforced by the courts in practice. 709. The Government cited the “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 15 September 2003,” 18 June 2004, CPT/Inf (2004) 16: The intent of the legislator could not be more clear: the criminal justice system should adopt a firm attitude vis-à-vis offences under articles 243 and 245 of the Criminal Code. This intention was subsequently confirmed in a circular addressed by the Minister of Justice on 20 October 2003 to all Chief Public Prosecutors’ Offices. Particular mention should be made of the Minister’s

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