2010 ilerleme raporu - Avrupa Birliği Bakanlığı

The draft Law on the Establishment of a Monitoring Commission on Security Forces wassubmitted to the Parliament in October. The draft foresees the establishment of a SupervisoryCommission for the registration and monitoring of disciplinary procedures and measuresagainst law enforcement officers.However, disproportionate use of force by law enforcement bodies continued. Reports toNGOs of disproportionate use of firearms by security forces resulting in death have increased.Ratification of OPCAT has been pending since 2005. (See the chapter on Observance ofinternational human rights law)Law enforcement bodies frequently launch cases against persons who allege torture or illtreatment.Such legal proceedings may deter complaints. In many instances these cases aregiven priority by Turkish courts.No forensic doctors are recognised by courts, apart from the Forensic Medicine Council,which is under the Ministry of Justice. Law enforcement officers are sometimes presentduring medical examination of prisoners.As regards the fight against impunity, the case concerning the death in detention of EnginÇeber 12 was brought to conclusion in June 2010. The court sentenced three prison guards andthe deputy director of the prison to life in prison for murder. Two police officers received 7.5year prison sentences and one police officer received 2.5 year in prison. This is the firstverdict where a court has convicted a senior prison official. However, the efforts to fightimpunity for human rights violations have not sufficiently addressed the backlog of judicialproceedings. The ECtHR found that the criminal proceedings were still not finalised asregards members of the security forces who took part in an operation at Diyarbakir prison on24 September 1996, which had led to the death of eight prisoners and injured six. The ECtHRcondemned Turkey, on several accounts including the lack of an effective investigation intothis case (article 3 of the ECHR). In 2009 the Human Rights Committee of the TGNA foundthat very few lawsuits filed against police officers for ill-treatment or torture resulted in aconviction 13 . Administrative investigations into allegations of torture or ill-treatment are stillcarried out by fellow police officers.Overall, the positive trend on prevention of torture and ill-treatment continued. Some highprofilecases of human rights violations have resulted in convictions. However,disproportionate use of force by law enforcement authorities continued and is of concern. Theefforts to fight impunity for human rights violations have not sufficiently addressed thebacklog of judicial proceedings.There has been some improvement in access to justice in rural areas. However, access to freelegal aid was limited, especially in the south-east. The Istanbul bar boycotted the legal aid1213Engin Çeber was arrested for distributing a legal journal on 28 September 2008. Çeber died as a resultof injuries sustained during torture in a police station in Istanbul and Metris prison on 10 October 2008.The Human Rights Investigation Committee noted that none of the 35 lawsuits filed against 431members of the Istanbul police for ill-treatment or torture resulted in a conviction. The committeeconcluded that this gives rise to suspicions about the effectiveness of proceedings initiated against lawenforcement agents. According to the same report, only 2% of police officers accused of ill-treatment ortorture are subject to disciplinary sanctions as a result of an administrative investigation into allegationsof torture or ill-treatment. The committee concluded that such investigations should not be carried outby fellow police officers.EN 18 EN