CAT/C/TUR/CO/3
(b)
Introduce a monitoring system on the implementation of Law on
Powers and Duties of the Police (Law No. 2559) and to prevent its arbitrary use
by police;
(c)
Ensure that State officials do not use the threat of countercharges, such as those under articles 265, 125, 301 and 277 of the Penal Code,
as a means to intimidate detained persons, or their relatives, from reporting
torture and review convictions during the reporting period under such articles,
with a view to identifying any wrongly used for such purposes, and ensure that
all valid claims reporting torture were subject to an independent investigation
and prosecution, as warranted.
Reparation and compensation, including rehabilitation
14.
The Committee is concerned at the lack of comprehensive information and statistical
data on reparation and compensation, including rehabilitation, for victims of torture and
other cruel, inhuman or degrading treatment or punishment in the State party, as required
by article 14 of the Convention (art. 14).
The State party should strengthen its efforts in respect of reparation,
compensation and rehabilitation and provide victims of torture and other cruel,
inhuman or degrading treatment or punishment with fair and adequate
reparation and compensation, including rehabilitation. The State party should
consider developing a specific programme of assistance in respect of victims of
torture and ill-treatment.
Non-refoulement and detention of refugees, asylum-seekers and irregular foreigners
15.
The Committee welcomes information provided by the representative of the State
party that three draft laws relating to asylum, a specialized unit dealing with asylum matters
and foreigners are about to be submitted to the Parliament. It also notes the issuance of
Circulars Nos. 18/2010 (illegal migration) and 19/2010 (asylum and migration) by the
Ministry of Interior in March 2010. The Committee nevertheless is concerned that the draft
asylum law retains the geographical limitation to the Convention relating to the Status of
Refugees, which excludes non-European asylum-seekers from protection under the
Convention. It is furthermore concerned at the system of administrative detention of
foreigners apprehended due to their illegal entry or stay, or attempts to depart from the
State party illegally, in “foreigners’ guesthouses” and other removal centres with limited
access to the national procedure for temporary asylum. The Committee is furthermore
concerned at reported cases of deportations and refoulement despite the risk of torture. In
this respect, the Committee is concerned at the reported lack of access by asylum-seekers to
legal aid, shortcomings in the asylum appeal system, lack of suspensive effect of
deportation proceedings during the consideration of asylum requests, and at curtailed access
to the Office of the United Nations High Commissioner for Refugees (UNHCR) and
lawyers to visit individual asylum-seekers in detention. The Committee is furthermore
seriously concerned at reported ill-treatment and serious overcrowding in “foreigners’
guesthouses” and other removal centres (art. 3).
The State party should take prompt and effective measures to ensure
compliance with its obligation under article 3 of the Convention not to return
any person facing a risk of torture and ensure that all individuals in need of
international protection have fair and equal access to asylum procedures and
are treated with dignity. The Committee calls upon the State party to:
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