CAT/OP/TUR/1
contained in reports that have been made public can be used by the State party as a basis for
applying for funding from the Special Fund for specific projects.
13.
In addition, in accordance with its mandate, as set forth in article 11 (b) (ii) and (iii)
of the Optional Protocol, the Subcommittee will address a separate confidential report to
the national preventive mechanism of Turkey.
II. National preventive mechanism
14.
Turkey ratified the Optional Protocol on 27 September 2011. The State party
subsequently designated, by means of a cabinet decree published on 28 January 2014, the
then recently established human rights institution of Turkey as its national preventive
mechanism. The national human rights institution of Turkey is a public entity with a
mandate to protect and promote human rights, including through the reception of individual
complaints. The institution is governed by the members of its human rights advisory board
and supported by a staff of experts and associate experts.
Activities
15.
Because Law No. 6332 of 2012 on the human rights institution of Turkey precedes
the institution’s reception of its national preventive mechanism mandate, it does not
expressly define the institution’s role as a national preventive mechanism. Discussions to
revise the law had been ongoing at the time of the Subcommittee’s visit. However, up to
that point, no single legislative instrument had outlined the mechanism’s structure,
conditions of membership and activities.
16.
However, according to practice, a particular anti-torture and mistreatment unit
within the human rights institution acts as the national preventive mechanism, with the
ability to undertake regular visits to places of detention, to prepare and deliver reports of
those visits to relevant authorities and the public, and to examine and evaluate reports of
other monitoring bodies. In addition, under the powers of a human rights institution, the
anti-torture unit has the authority to request information and documentation from all
persons, public agencies and organizations and to establish a committee of imminent
persons to conduct on-site examinations and inquiries into matters under its jurisdiction.
The mechanism may also make non-binding comments on draft and existing legislation.
However, it has not yet produced an annual report and, without a specific legislative text on
the mechanism, does not have a legal mandate providing that an annual report should be
submitted to Parliament.
17.
The Subcommittee notes that the national preventive mechanism is faced with
several obstacles hindering the full and effective implementation of its tasks, which this
report will address in the next chapter, together with recommendations to the State party.
III. Main obstacles faced by the national preventive mechanism
18.
While the State party is free to determine the institutional format of its national
preventive mechanism, it is imperative that such a mechanism is fully compliant with the
Optional Protocol, as reflected in the guidelines on national preventive mechanisms of the
Subcommittee.1 It is also crucial that the functional and operational independence of the
mechanism are guaranteed, with due consideration to the principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris Principles).
Legal basis
19.
A striking weakness in the current functioning of the national preventive mechanism
is the absence of a separate legislative text regulating its functions and its mandate, and
providing it with the institutional and operational independence, power and authorities that
are set out in part IV of the Optional Protocol and the mechanism guidelines of the
1
4
CAT/OP/12/5.