SİTE 123 USA

What is the world's opinion on the detention of terminally ill political prisoners in prison in Türkiye? EXECUTIVE SUMMARY The main objective of the visit was to review the measures taken by the Turkish authorities to implement the recommendations made by the Committee after previous visits. In this context, particular attention was paid to the treatment and conditions of detention of persons in police custody and foreign nationals detained under aliens legislation, as well as to the situation in various prisons in different parts of the country. In addition, the delegation visited for the first time two specialised (R-type) prisons for prisoners suffering from chronic somatic and/or mental illnesses. The co-operation received by the delegation throughout the visit was generally very good at all levels. Police custody The delegation received a considerable number of allegations from detained persons (including women and juveniles) of recent physical ill-treatment by police and gendarmerie officers, in particular in the Istanbul area and in south-eastern Turkey. Most of these allegations concerned excessive use of force at the time of apprehension. In addition, many detained persons claimed that they had been physically ill-treated inside law enforcement establishments, with a view to extracting a confession or obtaining information or as a punishment. Some detained persons alleged that electric shocks had been inflicted upon them by police officers with body-contact shock devices. In the CPT’s view, in a number of cases, the alleged ill-treatment was of such severity that it could be considered as amounting to torture. Further, many accounts were received, in particular from detained women, that they had been subjected to psychological ill-treatment (such as threats of beatings, rape or death) and/or severe verbal abuse (often of an explicit sexual nature). The CPT recommends that a clear and firm message that all forms of ill-treatment of detained persons are illegal and will be punished accordingly be delivered to all law enforcement officials from the highest political level, namely the President of the Republic. As regards the fundamental safeguards against ill-treatment (i.e. the right of notification of custody and the rights of access to a lawyer and doctor), most detained persons interviewed by the delegation indicated that a relative or another trusted person was notified shortly after their apprehension and that they had access to a lawyer whilst in police custody. That said, the CPT expresses its concern about the existence of legal restrictions regarding access to a lawyer during the initial phase of police custody (up to 24 hours). Many detained persons claimed that they had been subjected to informal questioning by law enforcement officials about the suspected offence without the presence of a lawyer, prior to the taking of a formal statement (in the presence of a lawyer). Further, the entire system of routine medical controls at the beginning and at the end of police custody appeared to be fundamentally flawed, since law enforcement officials were usually present during such controls and these controls were often carried out without any physical examination. Regrettably, the specific recommendations repeatedly made in this regard by the Committee after previous visits have not been implemented. In most of the law enforcement establishments visited, material conditions of detention were on the whole adequate for short stays. However, nearly all of them suffered from major structural deficiencies and were thus not suitable for periods of detention lasting longer than 24 hours. With a few exceptions, there was either no or only limited access to natural light in the cells of the detention facilities visited. Further, hardly any of the establishments visited were equipped with facilities to enable detained persons to take outdoor exercise. In some of the establishments visited, the situation was further exacerbated by the fact that detained persons were being held in severely overcrowded cells (e.g. up to four persons in a cell of 7 m²). - 5 - The CPT expresses concern that persons detained under the emergency legislation can be held under the above-mentioned conditions for up to 14 days, and the Committee recommends that the maximum period of police custody of 96 hours be re-introduced. Foreign nationals detained under aliens legislation The CPT acknowledges the particular challenges faced by the Turkish authorities and places on record their very considerable efforts to host the largest number of refugees worldwide. Further, the Committee welcomes the fact that, following the 2015 visit, several sub-standard detention facilities for immigration detainees have been withdrawn from service (in particular, the one at Ankara Police Headquarters as well as Istanbul-Kumkapı Removal Centre). Most of the foreign nationals interviewed by the delegation spoke positively about the manner in which they were treated by staff. That said, the delegation received some allegations of physical ill-treatment and verb