E/CN.4/1992/17
page 82
(b) Preventing any kind of inhuman or degrading treatment. Articles 101
and 105 of the Criminal Code stipulate a penalty of five years' imprisonment
and a fine for any public official or comparable category of official who, in
the exercise of his duties, makes use of or orders the use of violence against
any persons (defendant, witness or expert) in order to obtain a confession or
statement. The Government of Tunisia ensures in particular that these
provisions are respected and, if it receives a complaint or an allegation that
these legal provisions have been violated, it promptly conducts an inquiry and
imposes the necessary penalties.
242. The Government also informed the Special Rapporteur that a commission of
inquiry into the allegations of violations of human rights had been
established. Its findings have confirmed that no one is being held
incommunicado in Tunisia, it has also found some excesses, caused by the
wrongdoing of individuals, which is contrary to government policy and has
reported that judicial inquiries have been started and disciplinary measures
taken against the perpetrators. Furthermore, a delegation of the Tunisian
League for Human Rights visited those prisoners about whom it had received
allegations of ill-treatment and found that the rumours were groundless.
Turkey
Urgent appeals and Government replies
243. During 1991 the Special Rapporteur sent the Government of Turkey a total
of 14 urgent appeals on behalf of persons who had reportedly been arrested and
with regard to whom fears were expressed that they might be subjected to
torture whilst in detention. The names of these persons, together with the
corresponding replies provided by the Government, are mentioned below. The
dates on which the urgent appeals were sent are indicated in brackets after
the names.
(a) Mehmet Sen, Abdulkadir Erdem, Yahya Deniz, Ali Atsay, Murat Atsay,
Neymetullah Simsek, Cahit Aktay, Hamdullah Aktay, Hamit Alay, Mehmet Alay,
Eyp Demir, Sinan Ayebe, Ali Atay, Fethi Yukler, Orhan Orug, Mizgin Onen,
Demiran Onen and Osman Karakas (all from the town of Derik, near Mardin) and
Mahmut Aktas, Mehmet Salih Aplu, Mehmet Salih Dar and Berzam Aplu (from the
village of Darbest, near Diyarbakir) (17 January 1991).
(i)
All these persons were reportedly arrested at the beginning of
1991. The arrests reportedly followed the death in custody, in
November 1990, of another resident of Derik, Yakup Aktas, who
had previously been detained and taken to Mardin Gendarmerie
Headquarters. A post-mortem held on 25 December 1990 reportedly
confirmed extensive bruising of the head and shoulders with cuts and
abrasions. The older and younger brothers of Yakup Aktas, whose
first names were not given, were also detained in January 1991 in
Derik.
(ii)
With respect to these cases the Government replied on
8 February 1991 that the circumstances of the death of Yakup Aktas
were under investigation and that no brother of Yakup Aktas had been
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