A/HRC/7/3/Add.2
page 143
stipulation that “investigations concerning the offences of torture and ill-treatment
are not to be left to the law enforcement agencies but to be conducted in person by
the chief public prosecutor or a public prosecutor appointed by him… The CPT
greatly welcomes the measures referred to above (in paragraphs 41 and 42).
710.
Recommendation (h) stated: Any public official indicted for infliction of or
complicity in torture or ill-treatment should be suspended from duty.
711.
According to non-governmental sources, suspensions from active duty pending
outcome of investigation/trial do not occur. Statistics supplied by the Turkish
Government relating to investigation, prosecution, sentencing and administrative
sanctions on law enforcement personnel in relation to torture or ill-treatment are flawed;
different ministries and government departments supply conflicting statistics and it is
impossible to obtain a reliable picture until a system of centralized data collection is
established.
712.
See appendix 3 of this report for statistical data provided by the Government on
the number of the law enforcement authorities who have been subjected to judicial
proceedings between 2006 - 2007 on charges of “torture”, “aggravated torture” and “use
of excessive force”. The offences of torture and ill-treatment are stipulated in articles 94,
95 and 96 of the Turkish Penal Code. The minimum sentence envisaged for torture is 3
years and cannot be suspended or converted into a fine. The claim that “statistics on the
trials of the law enforcement personnel are flawed” is groundless and unsubstantiated.
713.
Recommendation (i) stated: The police and gendarme should establish
effective procedures for internal monitoring and disciplining of the behaviour of
their agents, in particular with a view to eliminating practices of torture and illtreatment.
714.
According to non-governmental sources, existing internal monitoring and
disciplining mechanisms and procedures remain inadequate in combating torture and illtreatment.
715.
In addition to previously reported information (e.g. A/HRC/4/33/Add.2, paras.
643-644, and E/CN.4/2006/6/Add.2, para. 325), the Government reported that the
“Twinning project on police complaint mechanism” is being carried out by the Board
Inspection of the Ministry of the Interior in cooperation with the United Kingdom.
716.
Recommendation (j) stated: The practice of blindfolding detainees in police
custody should be absolutely forbidden.
717.
According to non-governmental sources, there are still reported cases of
blindfolding, although it is prohibited in law.
718.
In addition to previously reported information (e.g. A/HRC/4/33/Add.2, paras.
647, and E/CN.4/2006/6/Add.2, para. 328), the Government reiterated that the practice of
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