A/HRC/37/50/Add.1
certain offences specified by law, the period of custody can be extended to 48 hours, and
for terrorism-related offences it may be extended to a maximum of four days.6
15.
The suspicion that an individual may have committed torture is specifically listed as
a reason for arrest (art. 100 (3) (a) (4)), regardless of the risk of abscondment or of the
destruction of evidence.
16.
Article 2 (2) of the Law on the Execution of Sentences and Security Measures
provides that cruel, inhuman, degrading or humiliating treatment may not be used in the
execution of sentences and security measures.
17.
Law No. 6458 on Foreigners and International Protection includes a provision on
subsidiary protection for individuals in danger of being subjected to torture if returned to
their country of origin or habitual residence (i.e. on non-refoulement).
18.
Law No. 2559 on the Powers and Duties of the Police was significantly revised in
March 2015 through the adoption of Law No. 6638, which introduced, in particular,
enhanced police powers to conduct searches, to use weapons, to wiretap, to detain
individuals without a warrant and to remove demonstrators from scenes of protest, and
which also provided for a significant reform of the gendarmerie.
19.
Law No. 6332, of 21 June 2012, established the National Human Rights Institution
of Turkey. On 20 April 2016, the National Human Rights Institution of Turkey was
replaced by the Human Rights and Equality Institution of Turkey, which is mandated to
carry out “activities for protecting and improving human rights, ensuring the right to equal
treatment of persons, preventing discrimination in enjoying rights and freedoms
recognized by law and acting in accordance with these principles, effectively combating
torture and ill-treatment and functioning as the national prevention mechanism in this
regard”.7
III. Assessment of the situation
A.
General observations
20.
The Special Rapporteur is of the view that, in principle, the institutions, Constitution
and legislation of Turkey provide sufficient institutional and legislative safeguards against
torture and ill-treatment.
21.
Turkey experienced several military coups between the 1960s and the 1990s, and
torture and other forms of ill-treatment, particularly in the context of security operations,
have been a long-standing problem. After the taking of power by the Justice and
Development Party (AKP) in 2002, and until mid-2015, reports of torture and other forms
of ill-treatment significantly decreased.
22.
In particular, the Special Rapporteur commends the introduction, between the late
1990s and 2007, of safeguards for the prevention of torture and other forms of ill-treatment
— including limitations on the duration of custody, prompt access to legal counsel, the
mandatory medical examination of detainees, tighter standards for the recording of arrests
and detentions and for the taking of statements, and the installation of audiovisual recording
systems in many detention and interview rooms of counter-terrorism departments. The
Special Rapporteur is also encouraged by the lifting in 2013 of the statute of limitations for
the offence of torture. He also especially welcomes the express commitment of the
Government to a zero-tolerance policy on torture, as consistently emphasized by all
officials of the Government during their dialogue with the Special Rapporteur.
23.
Nevertheless, the Special Rapporteur notes with concern that there seemed to be a
serious disconnect between declared government policy and its implementation in practice.
6
7
Code of Criminal Procedure, art. 91 (3) and art. 251 (5); and Regulation on Apprehension, Detention
and the Taking of Statements, sect. 14.
Law No. 6701, art. 1.
5