A/HRC/4/33/Add.2
Page 115
644.
So far the Ministry of Internal Affairs’ “Jandarma Human Rights Violations
Investigation and Evaluation Centre” ( JIHIDEM) has received 134 allegations of torture and illtreatment. After evaluation it was found that 17 applications (involving one officer, 15 noncommissioned officers, five jandarma specialised sergeants and one soldier) have been referred
to the judicial authorities, 24 applications (involving seven officers, 22 non-commissioned
officers, 10 jandarma specialised sergeants) were found to be already under judicial
investigation, disciplinary measures were imposed upon one non-commissioned officer and one
jandarma specialised sergeant concerning two applications, and in 90 applications the allegations
were found unsubstantiated. One application is still under consideration. Along with other
monitoring mechanisms, these internal administrative mechanisms do contribute to investigating
allegations of torture and ill-treatment, imposing disciplinary penalties against those responsible
as well as preventing such unlawful practices.
645.
Recommendation (j) stated: The practice of blindfolding detainees in police custody
should be absolutely forbidden.
646.
According to information received from NGOs and other sources, blindfolding of
detainees has been prohibited by law.
647.
The Government informed that the practice of blindfolding detainees in police custody
is forbidden. Article 135(a) of the Criminal Procedure Code and article 23 of the Regulation on
Apprehension, Custody and Taking of Statements (RACT) set out prohibited interrogation
techniques. The law enforcement officials are regularly instructed and trained about the
legislative amendments and regulations. Effectiveness of their implementation is inspected by
internal inspectors, other inspection mechanisms such as public prosecutors, ministerial
inspectors and Human Rights Inquiry Commission of the Parliament.
648.
Recommendation (k) stated: Given the manifestly pervasive practice of torture, at
least up to 1996, 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. All police officials, including the most senior, found to have
been involved in the practice, either directly or by acquiescence, should be forthwith
removed from police service and prosecuted; the same should apply to prosecutors and
judges implicated in colluding in or ignoring evidence of the practice; the victims should
receive substantial compensation.
649.
According to information received from NGOs and other sources, an independent body
reviewing cases of alleged use of evidence obtained under torture does not exist.
650.
The Government informed that Turkey fully recognises the importance of combating
impunity for all human rights violations, including torture and ill-treatment. With this aim in
mind, a considerable number of new laws has been introduced in the last years to ensure that
perpetrators are brought to justice. Judicial review is functioning effectively in Turkey. In case of
appeals, the decisions of the judiciary are re-examined by higher instances and, if the appellant
so decides, by ECHR. See also reply under (e).
651.
Recommendation (l) stated: A system permitting an independent body, consisting of
respected members of the community, representatives of legal and medical professional
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