CAT/C/TUR/CO/4
(d)
Bring its legislation and practice on solitary confinement into line with
international standards, in particular with rules 43 to 46 of the United Nations
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
Deaths in custody
33.
The Committee regrets the lack of complete information on suicides and other
sudden deaths in detention facilities during the period under review (arts. 2, 11 and 16).
34.
The State party should provide the Committee with detailed information on
cases of death in custody and the causes of those deaths. It should also take measures
to ensure that all instances of death in custody are promptly and impartially
investigated by an independent body.
Aggravated life imprisonment
35.
The Committee is concerned by the restrictive conditions of detention for persons
sentenced to aggravated life imprisonment, a sentence that was established after the
abolition of the death penalty in 2004 (arts. 11 and 16).
36.
The Committee recommends commuting aggravated life sentences and
repealing article 47 of the Criminal Code, as well as section 25, paragraph 1, of the
Law on the Execution of Sentences and Security Measures.
Monitoring detention centres
37.
The Committee is concerned that, contrary to the information provided by the State
party, human rights non-governmental organizations have reported that they are still not
allowed to visit prison detention facilities to conduct monitoring activities. The Committee
also regrets the lack of information provided by the State party regarding whether activities
related to the monitoring of places of detention by official entities, such as the prison
monitoring boards and provincial and district human rights boards, are leading to receipt of
complaints of torture and ill-treatment from prisoners and to investigations and
prosecutions with respect to their allegations (arts. 2 and 11).
38.
The Committee reiterates its previous recommendation (see CAT/C/TUR/CO/3,
para. 16) that the State party adopt formal regulations explicitly authorizing human
rights non-governmental organizations, medical professionals and members of local
bar associations to undertake independent visits to places of detention. The State
party should also ensure the financial and functional independence of all official
bodies monitoring places of deprivation of liberty, including the prison monitoring
boards.
Redress and rehabilitation
39.
While noting the State party’s assertion that its legislation provides for redress for
victims of torture and ill-treatment even in the absence of a criminal conviction against the
perpetrator, the Committee regrets the limited amount of information available with regard
to reparation and compensation measures ordered by the courts or other State bodies and
actually provided to the victims of torture or their families since the consideration of the
previous periodic report. It also regrets that the State party has presented no information on
measures taken to support and facilitate the work of non-governmental organizations that
seek to provide rehabilitation to victims of torture and ill-treatment (art. 14).
40.
The State party should ensure that all victims of torture and ill-treatment
obtain redress, including an enforceable right to fair and adequate compensation and
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