A/HRC/37/50/Add.1
Most notably, despite persistent allegations of widespread torture and other forms of illtreatment, made in relation both to the immediate aftermath of the failed coup of 15 July
2016 and to the escalating violence in the south-east of the country, formal investigations
and prosecutions in respect of such allegations appear to be extremely rare, thus creating a
strong perception of de facto impunity for acts of torture and other forms of ill-treatment.
24.
In the aftermath of the failed coup, on 20 July 2016, the Government of Turkey
declared a state of emergency, derogated from both the European Convention on Human
Rights and the International Covenant on Civil and Political Rights, and adopted a series of
decrees with the force of law (kanun hükmünde kararname (KHK)) extensively interfering
with the human rights of persons suspected to be associated with the coup plotters or the
Gülenist movement. In particular, in the period between the failed coup and the Special
Rapporteur’s visit, approximately 100,000 public officials had been suspended or
dismissed, and more than 40,000 individuals had been arrested, including military and
police officers, judges, prosecutors, human rights defenders, journalists, lawyers and healthcare personnel. Since the Special Rapporteur’s visit, many more such arrests have
reportedly taken place.
25.
While fully recognizing the difficult circumstances that Turkey is facing in the
presence of multiple threats against the security of the State, the Special Rapporteur stresses
the need for urgent action on the part of the Government with a view to ensuring the strict
compliance of all State officials with existing laws and safeguards for the prevention,
investigation and prosecution of torture and other cruel, inhuman or degrading treatment or
punishment.
B.
1.
Torture and ill-treatment
Arrests and detentions in the aftermath of the failed coup d’état of 15 July 2016
26.
According to numerous consistent allegations received by the Special Rapporteur, in
the immediate aftermath of the failed coup, torture and other forms of ill-treatment were
widespread, particularly at the time of arrest and during the subsequent detention in police
or gendarmerie lock-ups as well as in improvised unofficial detention locations such as
sports centres, stables and the corridors of courthouses. More specifically, the Special
Rapporteur heard persistent reports of severe beatings, punches and kicking, blows with
objects, falaqa, threats and verbal abuse, being forced to strip naked, rape with objects and
other sexual violence or threats thereof, sleep deprivation, stress positions, and extended
blindfolding and/or handcuffing for several days. Many places of detention were allegedly
severely overcrowded, and did not have adequate access to food, water or medical
treatment. Also, both current and former detainees alleged that they had been held
incommunicado, without access to lawyers or relatives, and without being formally
charged, for extended periods lasting up to 30 days.
27.
Medical examinations conducted by the forensic expert accompanying the Special
Rapporteur indicated that physical signs consistent with allegations of ill-treatment were
visible only in a limited number of cases, most probably due to the time that had elapsed
between the alleged abuse and the visit of the Special Rapporteur. However, many
detainees showed signs of anguish, distress and psychological trauma consistent with their
allegations, and, in some cases, mental disturbances, such as depression and post-traumatic
stress disorder requiring psychological or psychiatric support.
28.
Within approximately two weeks of the failed coup, once detainees had been
transferred to regular detention facilities, conditions and treatment appear to have improved
significantly. Most detainees arrested in relation to the failed coup stated that, apart from
occasional verbal threats and insults, they were no longer subjected to torture or illtreatment.
2.
Arrests and detentions related to violence in the south-east
29.
The south-eastern regions of Turkey have been marked by violence between State
authorities and the armed Kurdistan Workers’ Party (PKK) since the 1980s. Following the
6