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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