(c)The constitutional and legal reforms intended to strengthen the rule of law and to bring the legislation into line with the Convention,
including the reduction of periods of detention in police custody; the elimination of the requirement to obtain administrative permission
to prosecute a civil servant or public official; and the decrease in the number of crimes under the jurisdiction of State Security Courts;
(d)The inclusion in domestic legislation of the principle that evidence obtained through torture shall not be invoked as evidence in any
proceedings;
(e)The establishment of Prison Monitoring Boards that include the participation of members of non-governmental organizations in
their individual capacity, with a mandate to carry out inspections in penal institutions;
(f)The bill submitted to Parliament concerning the establishment of the Ombudsman institution;
(g)The acceptance, in a spirit of cooperation, by the State party of visits by monitoring bodies such as the special rapporteurs of the
United Nations Commission on Human Rights and the release to the public of reports of CPT.
C. Subjects of concern
121.The Committee expresses concern about:
(a)Numerous and consistent allegations that torture and other cruel, inhuman or degrading treatment of detainees held in police
custody are apparently still widespread in Turkey;
(b)The failure by police always to comply with the safeguards concerning the registration of detainees;
(c)Allegations that persons in police custody have been denied prompt and adequate access to legal and medical assistance and that
family members have not been promptly notified of their detention;
(d)Allegations that despite the number of complaints, the prosecution and punishment of members of security forces for torture and
ill-treatment are rare, proceedings are exceedingly long, sentences are not commensurate with the gravity of the crime, and officers
accused of torture are rarely suspended from duty during the investigation;
(e)The importance given to confessions in criminal proceedings and the reliance of the police and the judiciary on confessions to
secure convictions;
(f)The alarming problems in prisons as a result of the introduction of the so-called “F-type prisons” which have led to hunger strikes
causing the deaths of more than 60 inmates;
(g)The State party’s failure to comply fully with judgements of the European Court of Human Rights ordering the payment of just
compensation.
122.The Committee is also concerned about:
(a)The lack of training of medical personnel dealing with detainees in matters relating to the prohibition of torture;
(b)Allegations according to which the expulsion of illegal aliens to their country of origin or to neighbouring countries is often
accompanied by ill-treatment, in violation of the safeguards contained in article 3 of the Convention;
(c)The continuing reports of harassment and persecution of human rights defenders and non-governmental organizations.
D. Recommendations
123. The Committee recommends that the State party:
(a) Ensure that detainees, including those held for offences under the jurisdiction of State Security Courts, benefit fully in
practice from the available safeguards against ill-treatment and torture, particularly by guaranteeing their right to
medical and legal assistance and to contact with their families;
(b) Take the necessary measures to guarantee that prompt, impartial and full investigations into the numerous
allegations of torture and ill-treatment are carried out, and to ensure in this connection that an efficient and transparent
complaint system exists;
(c) Repeal the statute of limitation for crimes involving torture, expedite the trials and appeals of public officials indicted
for torture or ill-treatment, and ensure that members of the security forces under investigation or on trial for torture or
ill-treatment are suspended from duty during the investigation and dismissed if they are convicted;
(d) Ensure that ongoing inspections of prisons and places of detention by judges, prosecutors or other independent
bodies (such as prison monitoring boards) continue to take place at regular intervals and that appropriate action is taken
by the responsible authorities in response to the inspection reports and recommendations;
(e) Guarantee that the detention records of detainees in police custody are properly kept from the outset of the custody
period, including for the times they are removed from their cells, and that such records are made accessible to their
families and lawyers;
(f) Solve the current problems in prisons generated by the introduction of “F type prisons” by implementing the
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