An End to Torture And Impunity Is Overdue
"Despite all declarations of intent issued by the Turkish government, wehave not yet seen any signs of serious and effective measures to combattorture and the impunity that goes with it," Amnesty International stated.
Detainees in Turkey are routinely blindfolded during interrogations, andsome throughout police detention, to prevent the identification of theirtorturers. Serious beatings, being stripped naked, sexual abuse, death andrape threats, other psychological torture and electric shocks, hanging bythe arms, deprivation of sleep, food, drink and use of the toilet arecommon methods of torture and ill-treatment in Turkey.
The introduction of high-security prisons, so called F-type, has led toheightened concerns for the safety of prisoners. While torture mainly takesplace in police custody, it is still prevalent in prisons and duringtransfers to and from prisons.
"Victims of torture include women and children, and are not restricted tothose suspected of crimes under anti-terrorism legislation but alsoincludes many people suspected of common crimes," Amnesty Internationalsaid. "In some cases torture is linked to discrimination on the basis ofsex, sexual orientation or ethnicity."
Further doubt is cast on the Turkish authorities' declared disapproval oftorture by the reported existence of sound-proofed interrogation roomsspecially prepared and equipped for torture. Furthermore, human rightsdefenders have established the use of torture and ill-treatment techniquesthat do not normally leave marks when police officers expect a detainee tobe released after police detention.
Incommunicado detention is a key factor contributing to torture andill-treatment in Turkey: detainees are deprived of access to lawyers,family, friends and doctors. Legally, detainees may benefit from legalcounsel at any stage and level of the investigation. However, peoplesuspected of offences under the jurisdiction of State Security Courts canstill be held incommunicado in police custody for up to four days.
Guidelines for prompt and proper registration of detainees and fornotification of their families are often ignored. This is not onlydistressing for relatives, but creates conditions in which torture,"disappearance" or death in custody can occur.
Lawyers, human rights defenders and some prosecutors in Turkey all agreethat torture persists because forced confessions play a major role in theinvestigation of crimes. Testimony is subsequently used as "evidence" incourts of law.
Many factors contribute to promoting a climate of impunity for torturers inTurkey. Victims and relatives are frequently terrified into silence, andwhen they do speak out, prosecutors are very reluctant to respond tocomplaints and evidence of ill-treatment and torture.
"The failure of Turkish officials to investigate allegations of torture notonly allows torturers to go unpunished, but contributes to the unfair trialof the victim, and in some cases is the direct cause of miscarriages ofjustice," Amnesty International said.
Proper investigation and prosecution for torture is further hampered bymeasures taken by security officers to avoid proper medical reports, butmore worrying is a definite pattern of intimidation of health officials sothey will not document cases of torture.
Unfortunately, there are also cases of doctors voluntarily concealingtorture. In January 2001, 11 people were reportedly beaten and torturedfollowing their arrested in the district of Sivasli, Usak, after ananonymous complaint that they had stolen sheep five years earlier. Whenthey were taken to the state hospital -- blindfolded and with their handschained -- the doctors did not examine them properly and did not note theircomplaints. A doctor reportedly responded "your head is split into twohalves," when one of the detainees complained about his head bleeding.
"The Turkish authorities will have to take effective steps against torturein order to dispel the belief that they tolerate the persistence of thisabhorrent practice," Amnesty International said.
The report urges the Turkish government to immediately implement a seriesof recommendations -- some of them very simple -- to prevent torture. Theseinclude:ending incommunicado detention and ensuring that all detainees haveimmediate access to legal counsel.outlawing blindfolding in police custody. ending prolongued isolation in prison, including in F-type prisons.all complaints and reports of torture or ill-treatment, "disappearance" andextrajudicial execution are promptly and effectively investigated.those responsible for human rights violations, including those who orderthem, should be brought to justice. statements elicited under torture should not be invoked as evidence.
"The Turkish authorities should turn their words into action and send aloud and clear message from the highest level that torture is unacceptableand that perpetrators will be held accountable," Amnesty Internationaldemanded.