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January
9, 2003
Between
December 25, 2002 and January 6, 2003, the International Federation
for Human Rights (FIDH) sent a fact finding mission to Turkey
in order to collect first-hand information to better assess
the practice of torture in the country and examine the implementation
of the recent legal reforms recently adopted to fulfil criteria
for joining the European Union.
The FIDH
delegation, composed of Ms Elsa Le Pennec, researcher and Ms
Catherine Teule, General Secretary of the French league for
human rights, met with a wide range of individuals organisations
- both governmental (the vice-secretary of the Ministry of Interior,
the Parliamentary Human Rights Commission) and non-governmental
(in particular, the Turkish Foundation for Human Rights - TIHV,
the Human Rights Association-IHD) - from different parts of
the country (Ankara-Diyarbakir-Izmir-Istanbul).
The practice of torture and ill treatment by police officers
and military staff, during arrest and police custody, far from
decreasing, remains widespread and systematic. FIDH is particularly
concerned by the reported increasing use of more sophisticated
methods of torture, detectable only by advanced forensic investigation
methods, which are rarely available. Both political and criminal
offenders, women, men and juveniles are victims of torture in
the country. The situation of ethnic minorities, in particular
Roma people and Kurds, is of particular concern.
The FIDH has received numerous accounts of persons being illegally
detained and tortured by police and soldiers in South East Turkey.
Although the state of emergency in the region was lifted on
November 30, 2002, the delegation remains seriously concerned
by reported cases of arbitrary arrest, incommunicado detention
and cases of torture in police custody.
Detention centres in the country continue to be dangerously
isolated from the outside world. Human rights lawyers are banned
from seeing their clients and face harassment including threats
from prison staff, systematic and humiliating body searches
in the F-type and E-type prison (isolation cells system), confiscation
of legal files, in full violation of the Turkish Code of criminal
Procedure (CUMUK). Torture will continue unless the lawyers'
right to have access to their clients is guaranteed for all
detainees and urgently implemented in practice.
Turkish authorities intimidate, persecute and initiate criminal
cases against human rights defenders, journalists, lawyers,
doctors and others who voice criticism of the Government's handling
of the prison crisis, condemn the practice of torture and denounce
the State policy allowing for a continuing climate of impunity
in the country.
Recent legal changes adopted by Turkey (February and August
2002) may constitute a first step towards the establishment
of the Rule of law in light of the European standards and the
international conventions ratified by Turkey. However, the FIDH
urges Turkish authorities to take further steps to eradicate
torture and ill treatment as a matter of priority, by ensuring
that the supervision of prisons and police stations by prosecutors
are accompanied by monitoring via independent bodies not connected
with state officials, and by ensuring that any allegation of
torture be investigated rapidly and in depth.
The report will be available in February.
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