irregular migrants, who were still hanging on, to fall down. In light of the risk of
ill-treatment, the CPT recommends that
the Spanish authorities take the necessary
steps to ensure that no foreign national
is handed over to MAF officials. Further,
these forces should not be allowed to
enter Spanish territory to apprehend
and forcibly return irregular migrants to
Morocco, outside any legal framework.
The Committee notes that no allegations
of ill-treatment were made regarding
members of the Moroccan Gendarmerie.
In their response, the Spanish authorities provide details in relation to the incident of 15 October 2014 asserting that
the irregular migrant in question simulated unconsciousness. Further, they
indicate that the MAF are, under special
circumstances, allowed to enter Spanish
territory in order to protect themselves
from the flux of irregular migrants.
Report and response published in April 2015
(CPT/Inf (2015) 19 and CPT/Inf (2015) 20)
Report on the periodic visit
to Turkey in June 2013 and
response of the Turkish
authorities
(treatment of persons detained by
law enforcement agencies and prison
conditions)
56. As had been the case during the
2009 visit, the great majority of persons met by the CPT’s delegation stated
that they had been treated in a correct
manner whilst in police/gendarmerie
custody. However, in the Diyarbakır
and Şanlıurfa areas, the delegation
received a number of allegations from
detained persons (including juveniles)
of recent physical ill-treatment by police
officers. Most of these allegations concerned excessive use of force at the
General Report of the CPT, 2015 ► Page 26
time of apprehension or slaps, punches
or kicks during police questioning. In
some cases, the medical examination
of the persons concerned and/or the
consultation of medical files by the
delegation revealed injuries which
were consistent with the allegations
of ill-treatment made. The Committee
recommends that all law enforcement
officials in the Diyarbakır and Şanlıurfa
areas be reminded, through a formal
statement from the relevant authorities, that they must be respectful of
the rights of persons in their custody
and that the ill-treatment of such
persons will be the subject of severe
sanctions. Recommendations are also
made regarding the conduct of investigations into allegations of ill-treatment
by police/gendarmerie officers and on
improving the implementation in practice of safeguards against ill-treatment,
such as access to a lawyer and a doctor.
57. Particular attention was paid
during the 2013 visit to the situation of
persons deprived of their liberty in the
context of public demonstrations which
were ongoing at the time of the visit in
different parts of the country (so-called “Gezi protests”); for that purpose,
the CPT’s delegation interviewed many
demonstrators who had been taken into
police custody in Ankara and Istanbul.
In both cities, many allegations were
received from detained demonstrators that they had been subjected to
excessive use of force at the time of
apprehension (such as kicks, punches
and blows with sticks or batons – including to the head or face – after having
been brought under control). Further,
several persons claimed that police officers had broken down the doors to the
rooms in which they were hiding (in a
hotel or on the premises of a political
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