A/HRC/4/33/Add.2
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authorities to create “an independent and impartial investigation mechanism with the power to
investigate promptly allegations of torture or other ill-treatment. It is crucial that such a
mechanism be located outside the institution that is alleged to have committed the acts of torture
under investigation” (A/HRC/4/26/Add.2, para. 91 (a)). Moreover, he would also like to reiterate
that there should be a review by an independent body of undisputed integrity of all cases in
which the primary evidence against convicted persons is a confession allegedly made under
torture (see also A/HRC/4/26/Add.2, para. 91 (b) and A/HRC/4/040/Add.5, para.,. 78).
607.
Recommendation (a) stated: The legislation should be amended to ensure that no
one is held without prompt access to a lawyer of his or her choice as required under the law
applicable to ordinary crimes or, when compelling reasons dictate, access to another
independent lawyer.
608.
According to information received from NGOs and other sources, with the entering into
force of a new Turkish Criminal Procedure Code on 1 June 2005, the scope of crimes requiring
compulsory legal representation was expanded. On the other hand, the new anti-terrorism
legislation of 2006 further restricts the right of access to a lawyer; the right can be suspended for
24 hours. Moreover, in practice, access to lawyers is impeded by security forces to the maximum
extent. Finally, the Government lacks financial resources to ensure an effective legal aid system.
609.
The Government informed that all criminal suspects have, from the outset of custody,
the right of access to a lawyer (including free legal assistance, private detainee-lawyer
consultations and the possibility for lawyers to be present when statements are taken). The
Council of Europe’s Committee on the Prevention of Torture (CPT) stated in its report [CPT/Inf
(2006) 30] that “the information gathered during the December 2005 visit confirmed that there
had been a significant increase in the number of persons enjoying access to a lawyer whilst in
police custody, including in cases where the assistance of a lawyer was not obligatory.” In 2005,
5753 suspects out of 7728 who were apprehended by anti-terror, smuggling and organized
crimes branches of nation-wide police, had access to their lawyers. From 1 January to 31 August
2006, 7388 suspects out of 8524 suspects in total, had access to their lawyers.
610.
Efforts in the field of professional training have been intensified in 2005. As part of the
training programme for the period 2005-2006, a total of 56,000 law enforcement officials both at
headquarters and at regional levels received training on the provisions of the new Turkish Penal
Code and Criminal Procedure Code concerning investigations, with particular focus on the rights
of suspects, including right to access to a lawyer. In 2005, 175,000 leaflets entitled “Rights to be
informed during apprehension” were printed and distributed to all law enforcement officials.
Also in 2005, nine seminars were held on the theme of “Promotion of Cooperation in Trials”
with the participation of various bar associations.
611.
The provisions of the new Criminal Procedure Code No. 5271 regarding the right to
access to lawyer by suspects or accused persons, have been explained in detail in the Information
Note of the Permanent Mission dated 31 October 2006, Ref. No. 570.30.1/2006/BMCO
DT/10604. These provisions have introduced an effective legal aid system, the positive results of
which have become apparent in practice with their implementation.
612.
It was further explained in the Information Note of the Permanent Mission dated 11
January 2006, Ref. No. 570.30.1/2006/BMCO DT/242, that article 149 of the Criminal
Procedure Code explicitly prohibits any act preventing or restricting the exercise of the right to
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