CAT/C/TUR/CO/3
terrorism (2006), the Working Group on Arbitrary Detention (2006), and the Special
Rapporteur on violence against women, its causes and consequences (2008);
(d)
The commitment by the State party to ratify the Optional Protocol to the
Convention, which it signed in 2005, and to establish a national preventive mechanism in
consultation with representatives of civil society, which will be part of a national human
rights institution to be established in accordance with the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris Principles).
C.
Principal subjects of concern and recommendations
Torture and impunity
7.
The Committee is gravely concerned about numerous, ongoing and consistent
allegations concerning the use of torture, particularly in unofficial places of detention,
including in police vehicles, on the street and outside police stations, notwithstanding
information provided from the State party that combating torture and ill-treatment has been
a “priority item” and while noting the reported decrease in the number of reports on torture
and other forms of cruel, inhuman or degrading treatment and punishment in official places
of detention in the State party. The Committee is furthermore concerned by the absence of
prompt, thorough, independent and effective investigations into allegations of torture
committed by security and law enforcement officers which are required by article 12 of the
Convention and at the pattern of failure to conduct these. It is also concerned that many law
enforcement officers found guilty of ill-treatment receive only suspended sentences, which
has contributed to a climate of impunity. In this respect, it is a matter of concern to the
Committee that prosecutions into allegations of torture are often conducted under article
256 (“excessive use of force”) or article 86 (“intentional injury”) of the Penal Code, which
proscribe lighter sentences and the possibility for suspended sentences, and not under
articles 94 (“torture”) or 95 (“aggravated torture due to circumstances”) of the same Code
(art. 2).
The State party should take immediate measures to end impunity for acts of
torture. In particular, the State party should ensure that all allegations of
torture are investigated promptly, effectively and impartially. In connection
with prima facie cases of torture and ill-treatment, the State party should
ensure that the alleged suspect is subject to suspension or reassignment during
the process of investigation, to avoid any risk that he or she might impede the
investigation or continue any impermissible actions in breach of the
Convention. The State party should also ensure that guidelines are in place to
determine when articles 256 and 86 of the Penal Code will be required to
prosecute ill-treatment instead of article 94. Further, the State party should
immediately establish effective and impartial mechanisms to conduct effective,
prompt and independent investigations into all allegations of torture and illtreatment, and ensure that perpetrators of torture are prosecuted under article
94 (“torture”) and 95 (“aggravated torture”) so as to ensure that torture is
punished by appropriate penalties as required by article 4 of the Convention.
Absence of effective, prompt and independent investigations into complaints
8.
The Committee is concerned at the continuing failure of authorities to conduct
effective, prompt and independent investigations into allegations of torture and illtreatment. In particular, the Committee is concerned at reports that prosecutors face
obstacles in effectively investigating complaints against law enforcement officers and that
any such investigations pursued are commonly conducted by law enforcement officers
themselves, a procedure which lacks independence, impartiality and effectiveness,
notwithstanding Circular No. 8 of the Ministry of Justice pursuant to which investigations
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