Turkey

Torture, still a routine practice

01/05/2003

Release of an international investigative mission report

An international investigative mission held by the FIDH reports that torture is still widespread in Turkey. This report, which is made public on the occasion of the session of the UN Committee Against Torture, stands as a comment on the report of the Republic of Turkey concerning the implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Turkey on August 2nd 1998. This Committee will examine Turkey’s report on 2 and 5 May 2003.

Legislative progress has been undertaken in Turkey in order to comply with EU standards: for example, death penalty was abolished. Named the “ Adjustment Package”, these changes may be regarded as an important signal of the determination of the Turkish government towards better protection of human rights in the country.

The FIDH welcomes the recent legal reforms, which nonetheless remain insufficient. For instance, the definition of torture set out in the Turkish legislation is narrower than the one required by the Convention, whose scope extends to people acting with the support or acquiescence of public officials. Furthermore little has been done to eradicate the practice of torture. Indeed the report indicates that there is no decrease in the infliction of torture compared to previous years in Turkey.

These treatments especially occur to people falling under the jurisdiction of the State Security Court, i.e. people suspected of political crimes, and particularly, those suspected of being connected to the Kurdistan Workers' Party (PKK)- now called Kurdistan Freedom and Democracy Congress (KADEK). Reported cases of torture of ordinary criminal suspects also occur although the custody period has been shortened. New torture methods are being used that leave no physical signs.

Cases of torture and ill treatment are still very numerous in the Kurdish regions and women often undergo sexual violence.

When it comes to the prevention of torture by the state authorities, the report underlines that although the relevant laws do exist, there are not properly implemented in practice. Thus the report pinpoints the lack of effective and adequate control of the legality of detention by a legal authority within a short period after detention. The right of access to a lawyer is the most frequently denied and harassment and intimidation of lawyers has risen acutely. The same situation applies to family members and the access to doctors is seriously impeded by the conditions under which the examinations take place (presence of the law enforcement officials, threats on prisoners to withdraw their complaints…).

The FIDH is particularly concerned with the de facto impunity of torturers, which remains a major obstacle in the fight against torture. Turkey fails to carry out adequate and effective investigations into the alleged violations of the right to live and the right to be free of torture. The report presents evidence that public prosecutors routinely refuse to investigate allegations of torture. If they do, however, trials of torture frequently last for months or years. The FIDH is therefore very concerned with the compromised independence of the domestic judiciary.

The FIDH is further concerned with the detention conditions, which do not comply with the international and regional obligations of Turkey especially for political prisoners. Numerous allegations of torture are reported during the transfer of prisoners into F-type prisons. The total isolation of prisoners in F-type prisons is of particular concern as the use of solitary confinement endangers prisoners' mental and physical health.

Therefore, the FIDH urges the Turkish authorities to implement in practice the changes that have occurred in law but which, at this stage, remain mainly theoretic.

The FIDH recommends the Committee Against Torture urge the Turkish Government to:
-Reform the Turkish Courts and in particular lift the State Security Court and strengthen the control of the legality of detention;
-Recognize full access to a lawyer from the outset of the custody;
-Fully implement the legislation adopted regarding the treatment of arrested and / or detained persons;
-Effectively implement the Istanbul Protocol’s provisions;
-Put an end to the solitary confinement system;
-Carry out an impartial and effective investigation of torture cases and in particular of the prison operations that took place in 1995, 1996, 1999 and 2000 and effectively sanction the authors;
-Ensure that victims of torture obtain redress and have an enforceable right to fair and adequate compensation;
-Ensure education and training programme for all the public officers.