CAT/C/TUR/CO/4
(c)
The enactment, on 11 April 2013, of Law No. 6458 on Foreigners and
International Protection, which 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 (art. 63 (1) (b));
(d)
The entry into force, on 20 March 2012, of Law No. 6284 on the Protection
of the Family and Prevention of Violence against Women.
6.
The Committee takes note of the State party’s initiatives to amend its policies and
procedures in order to afford greater protection of human rights and to apply the
Convention, in particular the update of the National Action Plan on Combating Violence
against Women for the period 2016-2019.
7.
The Committee values the substantial efforts made by the State party to respond to
the massive influx of asylum seekers, persons in need of international protection and
undocumented migrants arriving in its territory. It also commends the State party for having
admitted and/or accommodated over 2.7 million Syrian refugees fleeing from armed
conflict in their country, as well as thousands of asylum seekers and refugees from
Afghanistan, Eritrea, Iraq, the Sudan and other countries.
8.
The Committee appreciates the fact that the State party maintains a standing
invitation to the special procedures mechanisms of the Human Rights Council.
C.
Principal subjects of concern and recommendations
Impunity for acts of torture and ill-treatment
9.
The Committee is concerned that, despite the fact that the State party has amended
its law to the effect that torture is no longer subject to a statute of limitations, it has not
received sufficient information on prosecutions for torture, including in the context of cases
involving allegations of torture that have been the subject of decisions of the European
Court of Human Rights. The Committee is also concerned that there is a significant
disparity between the high number of allegations of torture reported by non-governmental
organizations and the data provided by the State party in its periodic report (see
paras. 273-276 and annexes 1 and 2), suggesting that not all allegations of torture have been
investigated during the reporting period. Further, while the State party has undertaken many
investigations into allegations of ill-treatment and excessive use of force by its officials,
these have resulted in relatively few cases of disciplinary sanctions, and in fines and
imprisonment in only a small number of cases. The Committee regrets that the State party
did not provide information requested by the Committee on the six cases in which officials
received sentences of imprisonment for ill-treatment between 2011 and 2013, nor on any
cases in which officials received sentences of imprisonment for ill-treatment in 2014 or
2015. The Committee further regrets that State party did not respond to the concern raised
by Committee members that law enforcement authorities have on many cases brought
“countercharges,” such as “resisting” or “insulting” police officers, against those
individuals lodging complains of torture, ill-treatment and other police brutality. The
Committee further regrets, with reference to its previous recommendations
(see CAT/C/TUR/CO/3, para. 8), that the State party has not yet created an independent
State body to investigate complaints of torture and ill-treatment against law enforcement
officers (arts. 2, 4, 12 and 13 and 16).
10.
The Committee urges the State party to:
(a)
Ensure that all instances and allegations of torture and ill-treatment are
investigated promptly, effectively and impartially and that the perpetrators are
prosecuted and convicted in accordance with the gravity of their acts;
2