Anti-Terror Schemes May Encourage Torture

Izmir Bar Association Prevention of Torture Group (IOG) lawyer Nalan Erkem has told Bianet that the draft strips defendants of all previous rights granted to them through limitations imposed on lawyers and has called for the Bill to be withdrawn.

"The arrangements that the draft makes with regard to access to attorney takes away all of the rights of the defendant," Erkem said. "While it opens the way for torture and mistreatment, the draft also aims to prevent lawyers from proving their existence."

Erkem argued that the draft was in the nature of an insult to lawyers in Turkey, stripping away the defence rights that were brought forth under Turkey's accession plans with the EU and that its articles fell far behind even the current Criminal Procedures Law.

The draft, in its section on "investigation and prosecution procedures";

* Allows for the defendant's contact with his or her lawyer to be banned for 24 hours

* Allows only one lawyer to be present while a statement is taken from the defendant

* Allows the lawyer to be banned from examining the contents of the file against the defendant or taking copies of documents.

Erkem: This opens the way for torture

Erkem stressed that with the limitations brought under the new Bill, a defendant could be subjected to any form of mistreatment for 24 hours until being granted access to a lawyer. She said the motive behind the 24 hour gap was to make it difficult or impossible to prove torture or mistreatment claims.

"They can do anything to the defendant within these 24 hours. There could be direct physical violence. There could be verbal abuse, degrading treatment, 'preparing the defendant' for a statement. Turkey's investigation procedure is full of examples of these and they have all been revealed at cases taken to the European Court. Also there is the risk of sexual assault in detention which itself may not leave any marks," she explained.

Erkem said that after such a period there would be little a suspect could tell his or her lawyer and gave in example what already happens during lawyer interviews: "A police officer will enter the interview room every 5 minutes. He will look at the defendant's face directly. The aim is to exert psychological pressure. To constantly make someone feel uncomfortable, to harass and control. There are various creative methods."

She asked "how healthy could the assistance be of a single lawyer where an interview is conducted in such circumstances? How much chance does a lawyer have to evidence torture and mistreatment?"

İşkencenin kanıtlanmasını engelleme

According to the current law in Turkey a lawyer has the right to take copies of any documents in the case file, explained Erkem, in addition to being able to visit the defendant when required. She said, however, the new Bill would change all of these:

Single lawyer restriction: "In order to overcome obstacles under detention and to prevent torture, a second lawyer tactic us used. Otherwise the first lawyer subject to pressure has no chance of evidencing what he or she has been subjected to. A second lawyer provides this chance."

Restrictions on examining documents: "They are acting on suspicion that the lawyer is in cooperation with the suspects. The restrictions aim to prevent defence and to have the lawyer present in the case just as a figure."

Erkem did add that at current and despite the law, they were not able to get file or document photocopies in cases related to suspects held at the Counter-Terrorism branch offices of the police. She said the police tell lawyers to ask for copies from the prosecutor's office while many lawyers did not do this to prevent unwarranted tension in the case. "Now with the law they are trying to legalize this conduct," she said.

Erkem argued that the new bill was an attack against the profession of lawyers and that it was an overall insult to the profession itself. She said lawyers were already being treated as terrorists in counter-terrorist police branches and the law just aimed to legalize that. (TK/II/YE)