E Economic and Social Council - acnudh

E/CN.4/2006/6/Add.2
page 71
organizations and persons nominated by human rights organizations, to visit and report
publicly on any place of deprivation of liberty should be set up as soon as possible.
332. According to information from NGOs, Human Rights Councils have been established in
provinces and towns in Turkey. However, they are not independent and they do not possess the
necessary expertise to effectively investigate issues of torture and ill-treatment in places of
detention.
333. The Government informed that Law No. 4681 was adopted by the Parliament on 14 June
2001. It established prison monitoring boards in areas where there is a prison or other place of
detention. The boards are composed of five members, appointed by a judicial commission.
Membership is on a voluntary basis and no salary is received. The members of the boards are
independent and graduates in law, medicine, pharmacology, public administration, sociology,
psychology, social services, pedagogical science or similar education programmes. The
members should have 10 years professional experience and a reputation for honesty and
impartiality. Members of NGOs are able to become members of the boards in their personal
capacity. The boards can carry out inspections at penal institutions at any time they wish.
However, they are required to visit every institution in their district at least once every two
months. They are allowed to hold private meetings with prisoners, interview staff and examine
records and documents. They prepare quarterly reports which are forwarded to all relevant
actors. Upon receipt of the report, the General Directorate of Prisons and Detention Facilities at
the Ministry of Justice take steps to rectify any problems referred to in the reports.
334. Recommendation (m) stated: The Government should give serious consideration to
inviting the International Committee of the Red Cross (ICRC) to establish a presence in
the country capable of implementing a thorough system of visits to all places of detention
meeting all the standards established by the ICRC for such visits.
335. The Government reported that a temporary ICRC mission was established in Turkey in
April 2003, following the crisis in Iraq. There is currently one international staff member and
five local staff members at the mission. The Government reiterated that the European
Committee for the Prevention of Torture monitored places of detention in Turkey.
336. Recommendation (n) stated: In view of the numerous complaints concerning
detainees' lack of access to counsel, of the failure of prosecutors and judges to investigate
meaningfully serious allegations of human rights violations and of the procedural
anomalies that are alleged to exist in the State Security Courts, as well as questions relating
to their composition, the Government should give serious consideration to extending an
invitation to the Special Rapporteur on the independence of judges and lawyers.
337. The Government reported that Turkey has extended a standing invitation to the special
procedures of the Human Rights Commission. In principle, any Special Rapporteur is welcome
to visit Turkey. However, the Government stated that the grounds leading to the
recommendation of extending an invitation to the Special Rapporteur on the independence of
judges and lawyers was no longer valid as the State Security Courts have been abolished, the
right to access to counsel is ensured and there are effective measures in place for the punishment
of perpetrators.