CAT/C/TUR/CO/3
Overarching considerations regarding implementation
12.
The Committee regrets that, despite its request for statistical information in its list of
issues prior to reporting and in the oral dialogue with the State party, most of the
information requested was not provided. In particular, the absence of comprehensive or
disaggregated data on complaints, investigations, prosecutions and convictions of cases of
torture and ill-treatment by law enforcement, security and prison personnel, expulsions of
immigrants and asylum-seekers, access to detention records, trial duration, rehabilitation
and compensation, and trafficking and sexual violence, severely hampers the identification
of non-compliance with the Convention requiring attention.
The State party should compile and provide the Committee with statistical data
– disaggregated by gender, age, ethnicity and minority status, geographical
location and nationality – relevant to the monitoring of the Convention at the
national level and comprehensive information on complaints, investigations,
prosecution and convictions of cases of torture and ill-treatment, expulsions,
length of trials of alleged perpetrators of torture and ill-treatment,
rehabilitation and compensation (including financial indemnification),
trafficking and sexual violence, and on the outcomes of all such complaints and
cases.
Excessive use of force by law enforcement officers and the use of counter-charges to
intimidate persons reporting torture and ill-treatment
13.
While noting the acknowledgement by the representative of the State party of
excessive use of force by law enforcement authorities and information on measures taken to
eradicate such practice, including by inscribing identification numbers on the helmet of
police officers during demonstrations, the Committee remains concerned at reports
indicating an increase in the excessive use of force and ill-treatment of demonstrators by
police outside official detention places. In particular, the Committee is concerned at reports
of fatal shootings by the police and gendarmerie as well as at reports of the arbitrary
application of the June 2007 revisions to the Law on Powers and Duties of the Police (Law
No. 2559) authorizing the police to stop any person and request to see his/her identification,
which, it is alleged, have led to an increase in violent confrontations. Furthermore, the
Committee is concerned at reports that police often resort to counter-charges under the
Penal Code against individuals and family members of alleged victims complaining of
police ill-treatment, in particular under article 265 on “using violence or threats against a
public official to prevent them from carrying out their duty”, article 125 on “defaming the
police”, article 301 on “insulting Turkishness”, and article 277 on “attempting to influence
the judicial process”. The Committee is concerned that such charges are reportedly
employed to deter, and even intimidate, alleged victims of abuse and their relatives from
filing complaints (arts. 11 and 16).
The State party should promptly implement effective measures to put an end to
excessive use of force and ill-treatment by law enforcement authorities. The
State party should, in particular:
(a)
Ensure that domestic laws, rules of engagement and standard
operating procedures relating to public order and crowd control are fully in
line with the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, in particular the provision that lethal use of firearms
may only be made when strictly unavoidable in order to protect life (Principles,
para. 9);
6