Committee against Torture issues conclusions on reports of Turkey and Slovenia

CAT
30th session
14 May 2003



The Committee against Torture issued its conclusions and recommendations today on reports of Turkey and Slovenia. The reports dealt with national efforts to implement the Convention against Torture, of which the countries are two of 133 States parties. The Turkish report was discussed in Committee meetings on 2 and 5 May; the Slovenian report was reviewed at meetings on 5 and 6 May.
Cited among positive developments of the second periodic report of Turkey were the lifting of the long-standing state of emergency in the country and the inclusion in domestic legislation of the principle that evidence obtained through torture should not be invoked as evidence in any proceedings.
The Committee expressed concern, among other things, about numerous and consistent allegations that torture and other ill-treatment of detainees held in police custody were apparently still widespread in Turkey; that safeguards concerning the registration of detainees by police allegedly were not always complied with; and that there were allegations that despite the number of complaints, prosecution and punishment of members of security forces for torture and ill-treatment were rare.
Among the panel's recommendations were that Turkey ensure that the full benefits of safeguards against ill-treatment and torture of detainees be available in practice, particularly their right to medical and legal assistance and to contact with their families; that Turkey guarantee that prompt, impartial and full investigations into numerous allegations of torture and ill-treatment were carried out, and that it ensure an efficient and transparent complaints system in this connection; and that it repeal the statue of limitations for crimes involving torture, expedite the trials and appeals of public officials indicted for torture or ill-treatment, and ensure that members of the security forces under investigation for such acts be suspended from duty during the investigation and dismissed if convicted.
The Committee said positive developments in the second periodic report of Slovenia included a decision of the Supreme Court in 2000 limiting the duration of remand in custody to two years, and amendments to the Aliens Act and Asylum Act bringing domestic legislation into conformity with article 3 of the Convention against Torture.
Among matters of concern, the Committee noted the lack of an independent system to investigate complaints; reports that allegations of ill-treatment were not investigated promptly and impartially; and continuing allegations of excessive use of force by the police, many of which concerned members of ethnic minorities.
The Committee recommended, among other things, that Slovenia proceed promptly with plans to adopt a definition of torture which covered all elements of that contained in article 1 of the Convention; that it take measures to establish an effective and independent complaints system to undertake prompt and impartial investigations into allegations of ill-treatment or torture by police and other public officials, and that it punish the offenders; and that it strengthen existing efforts to reduce occurrences of ill-treatment by police and other public officials, in particular those that were ethnically motivated.
The Committee will reconvene at 10 a.m. on Thursday, 15 May, to hold a meeting with the Commission on Human Rights' Special Rapporteur on the question of torture. At 3 p.m., the Committee will issue conclusions and recommendations on the initial report of Belgium; and at 3:30 p.m. it will issue conclusions and recommendations on the initial report of Moldova.
Conclusions and Recommendations on Second Periodic Report of Turkey
Positive developments in Turkey, the Committee said, included the lifting of the long-standing state of emergency in the country; Constitutional and legal reforms intended to strengthen the rule of law and align legislation with the Convention; the inclusion in domestic legislation of the principle that evidence obtained through torture should not be invoked as evidence in any proceedings; and establishment of Prison Monitoring Boards.
The Committee cited among matters of concern that there were numerous and consistent allegations that torture and other ill-treatment of detainees held in police custody were apparently still widespread in Turkey; that safeguards concerning the registration of detainees by police allegedly were not always complied with; that there were allegations that despite the number of complaints, prosecution and punishment of members of security forces for torture and ill-treatment were rare; that much importance was given to confessions in criminal proceedings and that the police and judiciary relied to a great extent on confessions to secure convictions; and that there was a lack of training of medical personnel dealing with detainees on matters related to the prohibition of torture.
It recommended, among other things, that Turkey ensure that the full benefits of safeguards against ill-treatment and torture of detainees be available in practice, particularly the right of detainees to medical and legal assistance and to contact with their families; that Turkey establish measures to guarantee prompt, impartial and full investigations into numerous allegations of torture and ill-treatment were carried out, and that it ensure an efficient and transparent complaints system in this connection; that Turkey repeal the statute of limitations for crimes involving torture, expedite the trials and appeals of public officials indicted for torture or ill-treatment, and ensure that members of the security forces under investigation for such acts be suspended from duty during the investigation and dismissed if convicted; and that the Government guarantee that records of detainees in police custody were properly kept from the onset of the custody period.
The Committee also recommended that Turkey solve the current problem in prisons generated as a result of the introduction of "F-type" prisons by implementing the recommendations of the European Committee for the Prevention of Torture; that it review current legislation and practice to ensure that the expulsion of irregular aliens was performed within the legal guarantees required by international human rights standards, including the Convention; that it ensure that fair and adequate compensation was provided to victims of torture and ill-treatment; that it provide in its next report relevant and detailed statistical data; and that it provide in its next report information on the implementation of the "Return to Village Programme" regarding internally displaced persons.
Conclusions and Recommendations on Second Periodic Report of Slovenia
The Committee noted a number of positive developments, among them the decision of the Supreme Court in 2000 limiting the duration of remand in custody to two years; rules on police powers introduced in 2000 providing detailed regulations of the limits of police powers in official contacts with individuals; amendments to the Aliens Act and Asylum Act bringing domestic legislation into conformity with article 3 of the Convention; and the "Hercules" programme aimed at reducing and eliminating court backlogs.
Concern was expressed, among other things, about the lack of an independent system to investigate complaints and reports that allegations of ill-treatment were not investigated promptly and impartially; about continuing allegations of excessive use of force by the police, many of which concerned members of ethnic minorities; about a lack of adequate legal guarantees of the rights of persons deprived of liberty to have access to doctors of their choice from the outset of their custody; and about the lack of a code of conduct for police interrogations.
The Committee recommended, among other things, that Slovenia proceed promptly with plans to adopt a definition of torture which covered all elements of that contained in article 1 of the Convention and that it amend domestic penal law accordingly; that it repeal the statute of limitation for torture and increase the limitation period for other types of ill-treatment; and that it take measures to establish an effective and independent complaints system to undertake prompt and impartial investigations into allegations of ill-treatment or torture by police and other public officials, and that it punish the offenders.
The Committee also recommended that Slovenia strengthen existing efforts to reduce occurrences of ill-treatment by police and other public officials, in particular those that were ethnically motivated, and, while ensuring protection of individual privacy, devise ways of collecting data and monitoring the occurrence of such acts; that it ensure that, in law as well as in practice, all persons deprived of their liberty be guaranteed the right to have access to an independent doctor; and that the Government continue efforts to address overcrowding in prisons and other places of detention.



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