2010 ilerleme raporu - Avrupa Birliği Bakanlığı

2010 on the Demopoulos v. Turkey case the ECtHR concluded that, for the purposes of the
ECHR, remedies available may be regarded as effective and accessible domestic remedies
which have to be exhausted before applications before the ECtHR can be found admissible.
However, the court stressed that this decision was not to be interpreted as requiring applicants
to make use of the Immovable Property Commission procedure. Applicants could choose not
to do so and await a political solution. Since March the number of applications to the
Immovable Property Commission has increased substantially.
Regarding promotion and enforcement of human rights, the government plans the
establishment of several human rights institutions. In particular, the draft law on the
establishment of the Turkish Independent Human Rights Institution was submitted to
parliament in February 2010. Opinions from NGOs were discussed by the relevant
parliamentary sub-committee. The draft law before parliament needs to be amended to bring it
into line with the UN framework, in particular as regards the independence and functional
autonomy of this new institution. It is important to conduct this process in close consultation
with NGOs.
The constitutional reform provides the basis for establishment of an Ombudsman institution.
Human rights training for public officials, judges, public prosecutors and police officers
continued. In-service and on-the-job training for the gendarmerie includes training on human
rights together with specialist training on techniques for reviewing allegations of human rights
violations.
The Human Rights Investigation Committee of the Parliament published 13 reports. However,
the Committee has been focussing on policy making and the legislative process.
Human rights defenders have continued to face criminal proceedings. Investigations carried
out as part of the fight against terrorism have raised concerns following the arrests of trade
union and human rights activists. The wide definition of terrorism under the Anti-Terror Law
remains a cause for concern (See the chapter on the Situation in the south-east).
Human rights institutions lack resources, independence and impact.
Overall, some progress was made on observance of international human rights law. However,
a number of reforms have been outstanding for several years. Legislation on human rights'
institutions needs to be brought fully in line with UN principles.
Civil and political rights
The government pursued its efforts to ensure compliance with legal safeguards to prevent
torture and ill-treatment. This policy has continued to produce positive results. Training for
health personnel, judges and prosecutors on effective investigation and documentation of
torture and ill-treatment cases continued with a view to implementation of the Istanbul
Protocol 11 in Turkey.
11
Istanbul Protocol: Manual on the effective investigation and documentation of torture and other cruel,
inhuman or degrading treatment or punishment, submitted to the United Nations Commissioner for
Human Rights, 9 August 1999.
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