CAT/C/TUR/CO/3
(b)
International Covenant on Civil and Political Rights, in 2003, and its
Optional Protocols, in 2006;
(c)
Optional Protocols to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography and on the involvement of children in
armed conflict, in 2004;
(d)
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, in 2004;
(e)
Convention on the Rights of Persons with Disabilities, in 2009.
5.
The Committee notes with appreciation the State party’s comprehensive reforms in
the field of human rights and ongoing efforts to revise its legislation in order to ensure
stronger protection of human rights, including the right not to be subjected to torture and
other cruel, inhuman or degrading treatment or punishment. The Committee welcomes in
particular:
(a)
The amendment to article 90 of the Constitution according to which
international treaties on human rights and fundamental freedoms prevail over national laws
in case of conflict;
(b)
The adoption of the new Criminal Procedure Code (Law No. 5271) in 2005
and the new Penal Code (Law No. 5237) in 2004. In particular, the Committee welcomes
the provisions regarding:
(i)
Increased penalties for the crime of torture (3–12 years imprisonment) (Penal
Code, art. 94);
(ii)
Criminal liability for any individual who prevents or restricts the right of
access to a lawyer (Criminal Procedure Code, art. 194);
(iii) The right of the suspect or accused to appoint one or more lawyers at any
stage of investigation (Criminal Procedure Code, art. 149);
(iv)
The obligatory assistance of a lawyer when an order for pretrial detention is
made (Criminal Procedure Code, art. 101(3));
(c)
Elements of the constitutional reform package adopted in September 2010
pursuant to a national referendum which provides, inter alia, for:
(i)
The right of petition as a constitutional right which establishes an
Ombudsman institution (Constitution, art. 74);
(ii)
The right to appeal to the Constitutional Court with regard to fundamental
rights and freedoms (Constitution, art. 148);
(iii)
The guarantee that civilians will not be tried before military courts, except in
times of war (Constitution, arts. 145 and 156).
6.
The Committee also welcomes efforts being made by the State party to amend its
policies in order to ensure greater protection of human rights and give effect to the
Convention, including:
(a)
The announcement of a “zero tolerance for torture” on 10 December 2003;
(b)
The preparation of a Second National Action Plan in the Fight against
Trafficking;
(c)
The standing invitation extended to United Nations special procedures
mechanisms and State party’s acceptance of visits by the Special Rapporteur on the
promotion and protection of human rights and fundamental freedoms while countering
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