Torture in Turkey
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The widespread and systematic use of torture in Turkey goes back to the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
. After the foundation of the Republic of
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
, torture of civilians by the
Turkish Armed Forces The Turkish Armed Forces (TAF; tr, Türk Silahlı Kuvvetleri, TSK) are the military forces of the Republic of Turkey. Turkish Armed Forces consist of the General Staff, the Land Forces, the Naval Forces and the Air Forces. The current Chi ...
was widespread during the Dersim rebellion. The Sansaryan Han police headquarters and Harbiye Military Prison in
Istanbul ) , postal_code_type = Postal code , postal_code = 34000 to 34990 , area_code = +90 212 (European side) +90 216 (Asian side) , registration_plate = 34 , blank_name_sec2 = GeoTLD , blank_i ...
became known for torture in the 1940s. Amnesty International (AI) first documented Turkish torture after the
1971 Turkish coup d'état The 1971 Turkish military memorandum ( tr, 12 Mart Muhtırası), issued on 12 March that year, was the second military intervention to take place in the Republic of Turkey, coming 11 years after its 1960 predecessor. It is known as the "coup by m ...
and has continued to issue critical reports, particularly after the outbreak of the Kurdish-Turkish conflict in the 1980s.The File on Torture that was included in the newsletter of September 1987 is available as images unde
File on Torture in Pictures
/ref> The
Committee for the Prevention of Torture The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europ ...
has issued critical reports on the extent of torture in Turkey since the 1990s. The Stockholm Center for Freedom publishe
Mass Torture and Ill-Treatment in Turkey
in June 2017.https://stockholmcf.org/wp-content/uploads/2017/06/Mass-Torture-And-Ill-Treatment-In-Turkey_06.06.2017.pdf The
Human Rights Foundation of Turkey The Human Rights Foundation of Turkey (HRFT) ( tr, Türkiye İnsan Hakları Vakfı, TİHV) is headquartered in Ankara. The organization is committed to treating torture survivors and documenting human rights violations in daily bulletins, monthly an ...
estimates there are around one million victims of torture in Turkey.


History

The history of torture goes back to the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
.Taner Akçam: Siyasi Kültürümüzde Zulüm ve İşkence (''Oppression and Torture in our Political Culture''), İletişim Yayınları 172, April 1992, The
Committee of Union and Progress The Committee of Union and Progress (CUP) ( ota, اتحاد و ترقى جمعيتی, translit=İttihad ve Terakki Cemiyeti, script=Arab), later the Union and Progress Party ( ota, اتحاد و ترقى فرقه‌سی, translit=İttihad ve Tera ...
used the place known as the Bekirağa Bölüğü (Military Company of Bekir Agha) situated in the building that now houses the Istanbul University as a special torture place. Almost all dissident people came here once. Deputy Rıza Nur was tortured here in 1910. He raised torture allegations in parliament. The demand to establish a commission to investigate the torture allegations was turned down by 96 against 73 votes. After the foundation of the Turkish Republic in 1923 Sansaryan Han and the Harbiye Military Prison became the symbols for torture. Having been built in
Sirkeci Sirkeci () is a neighborhood in the Eminönü quarter of the Fatih district in Istanbul, Turkey. The neighborhood borders to the north the mouth of the Golden Horn, to the west the neighborhood of Bahçekapı, to the east the Topkapı Palace a ...
in 1895 Sansaryan Han became the police headquarters of Istanbul in 1944.Se
an article of Demirtaş Ceyhun in BİANET of 3 August 2009
(Turkish); accessed on 24 October 2009
People that were tortured here include poet and writer
Attilâ İlhan Attilâ İlhan (15 June 1925 – 10 October 2005) was a Turkish poet, novelist, essayist, journalist and reviewer. Early life and education Attilâ İlhan was born in Menemen in İzmir Province, Turkey on 15 June 1925. He received most of his ...
, Nihat Sargın, former chair of the
Workers Party of Turkey Workers' Party of Turkey (''Türkiye İşçi Partisi'') was a Turkish political party, founded the 13 February 1961. It became the first socialist party in Turkey to win representation in the national parliament. It was banned twice (after the mi ...
and poet
Nâzım Hikmet Mehmed Nâzım Ran (15 January 1902 – 3 June 1963), Note: 403 Forbidden error received 10 October 2022. commonly known as Nâzım Hikmet (), was a Turkish-Polish poet, playwright, novelist, screenwriter, director, and memoirist. He was ...
. During the Racism-Turanism trials, 23 nationalists, including Nihal Atsız,
Zeki Velidi Togan Zeki Velidi Togan ( ba, Әхмәтзәки Әхмәтшаһ улы Вәлиди, Äxmätzäki Äxmätşah ulı Wälidi; russian: Ахмет-Заки Ахметшахович Валидов, tr, Ahmet Zeki Velidi Togan; 1890 – 1970 in Istanbul), ...
, Nejdet Sançar and others, were tortured between 1944-45. In 1945 the military prison in Istanbul moved from Tophane to Harbiye. In one section 40 cells were built measuring 1,5 by 2 metres.Tarihçesi ve Yaşayanların Anlatımlarıyla - İşkence - 1 (Torture 1 with History and Stories of Victims); Collected by: Ali Osman Köse
, no printing date (Turkish); accessed on 24 October 2009
Alleged members of the Communist Party of Turkey (TKP) were held here as well as the 40 of 49 Kurds that had been detained in 1959 ( :de:Prozess der 49). They were held here for 195 days. Twenty-four prisoners allegedly died because of the bad conditions they had been held in. In Harbiye Military Prison members of the extreme right
Grey Wolves The wolf (''Canis lupus''; : wolves), also known as the gray wolf or grey wolf, is a large canine native to Eurasia and North America. More than thirty subspecies of ''Canis lupus'' have been recognized, and gray wolves, as popularly un ...
(''ülkücü'') were tortured after the 1980 Turkish coup d'état. Besides
bastinado Foot whipping, falanga/falaka or bastinado is a method of inflicting pain and humiliation by administering a beating on the soles of a person's bare feet. Unlike most types of flogging, it is meant more to be painful than to cause actual injury ...
(''falaka'') and rough beatings, prisoners would be held in narrow dark cells often called "coffin" (''tabutluk'') or isolation (''tecrit'').undated article of Ayhan Alemdar
(Turkish); accessed on 24 October 2009


Torture after March 12

After the
1971 Turkish coup d'état The 1971 Turkish military memorandum ( tr, 12 Mart Muhtırası), issued on 12 March that year, was the second military intervention to take place in the Republic of Turkey, coming 11 years after its 1960 predecessor. It is known as the "coup by m ...
torture was applied in police centres and centres of the
Counter-Guerrilla Counter-Guerrilla ( tr, Kontrgerilla) is the Turkish branch of Operation Gladio, a clandestine stay-behind anti-communist initiative backed by the United States as an expression of the Truman Doctrine. The founding goal of the operation was to ere ...
that were jointly used by the secret service called National Intelligence Organization and the
Special Warfare Department The Special Warfare Department (SWD, tr, Özel Harp Dairesi (ÖHD)) was the special forces unit of the Turkish Army. Founded in 1965, it was formed out of the Army's Tactical Mobilisation Group ( tr, Seferberlik Taktik Kurulu, STK). It was disba ...
(Turkish: ''Özel Harp Dairesi'', ÖHD). The torture methods included electric shocks applied by field telephones various forms of hanging, ''falaka'', rape, sleep and food deprivation and torturing relatives in the presence of the suspect. The military applied torture to political prisoners as a matter of policy.File on Turkey
issued by the Democratic Resistance of Turkey in August 1972, reproduced as pdf-file b
Info-Turk
accessed on 8 November 2009
Affidavits confirmed that martial law commanders, military prosecutors and judicial advisors gave order to torture political prisoners, sometime supervising it.


The Ziverbey Estate

The Ziverbey Estate (''Ziverbey Köşkü'') is a place in İstanbul-Erenköy which was used as a torture centre especially during the 12 March period. At the Ziverbey Estate well known people such as the journalists
İlhan Selçuk İlhan Selçuk (11 March 1925 – 21 June 2010) was a Turkish lawyer, journalist, author, novelist and editor. Biography Selcuk was born in the western Turkish Aydın Province in 1925. His mother, who was Armenian, hid her Armenian roots. He ea ...
, Doğan Avcıoğlu, Uğur Mumcu and İlhami Soysal were tortured. : ''See also''
Report of Talat Turhan to the CHP
/ First published on 1 May 1976


Torture after the 1980 coup

Over a quarter of a million people were arrested in Turkey on political grounds since 1980 and almost all of them were tortured. The
Human Rights Association The Human Rights Association ( tr, İnsan Hakları Derneği, İHD) is an NGO for advancing Human rights in Turkey, founded in 1986 and headquartered in Ankara. Establishment The İHD's origins can be traced to the victims of the purges in the ...
(HRA), founded in 1986 put the figure at 650,000 and in 2008 the
Human Rights Foundation of Turkey The Human Rights Foundation of Turkey (HRFT) ( tr, Türkiye İnsan Hakları Vakfı, TİHV) is headquartered in Ankara. The organization is committed to treating torture survivors and documenting human rights violations in daily bulletins, monthly an ...
(HRFT) spoke of one million victims of torture in Turkey. One of the first measures after the 1980 coup d'état was to extend the maximum period of detention from 15 to 30 and then to 90 days. (see the relevant section below). Amnesty International has repeatedly documented that, in practice, incommunicado detention is often longer than legally permitted. Specialized teams in İstanbul, Ankara and Diyarbakır were responsible for the interrogation of specific organizations and groups. İsmail Hakkı, for instance, said that between 1979 and 1985 he worked in the place called political department (at the time "first department") of Istanbul Police HQ in the "K" section (which may be the abbreviation of ''komünist'' = communist), the "group for interrogation and operations against illegal organizations" and later at the same place in
Erzurum Erzurum (; ) is a city in eastern Anatolia, Turkey. It is the largest city and capital of Erzurum Province and is 1,900 meters (6,233 feet) above sea level. Erzurum had a population of 367,250 in 2010. The city uses the double-headed eagle as ...
. All people in that wing were professionals. They could guess what organization had carried out which action just because of the way it was carried out and the way the militants had escaped. In the 1980s particularly Amnesty International issued many reports and urgent actions related to allegations of torture in Turkey. Some quotes are: * May 1984, ''File on Torture'': "The Turkish authorities have persisted in the torture of prisoners during the present decade." * July 1985, ''Testimony on Torture'': "Torture is widespread and systematic in Turkey." * February 1986, ''Violations of Human Rights in Turkey'': Political prisoners and common criminals are tortured or subjected to cruel, inhuman or degrading treatment or punishment, while in police custody." * July 1987, ''Continuing Violations of Human Rights in Turkey'': "AI continues to be concerned about the imprisonment of prisoners of conscience, systematic torture and ill-treatment of political prisoners..." Besides Amnesty International
NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
s such as the International Commission of Jurists and the International Federation of Human Rights and international bodies like the Council of Europe sent delegations to Turkey to investigate the torture claims. On 1 July 1982 five States (
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
,
Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the ...
, Sweden,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
and the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
) filed an application against Turkey with the
European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
. They complained in particular about torture, unfair trials and restriction of freedom of expression. In December 1985 a friendly settlement was reached that asked Turkey to shorten the detention period, lift martial law and present periodic reports. Turkey had shortened the maximum length of detention in May and June 1985 from 45 days to 30 days in areas under emergency legislation and to 15 days in areas not under extraordinary rule. Later the European Committee for the Prevention of Torture (CPT) became the main body to monitor the situation, but other bodies such as the UN Special Rapporteur on Torture (see the section on reports) also visited Turkey in order to evaluate the risk of torture in Turkey.


Torture after the 2016 coup d'état attempt

According to Amnesty International, detainees in Turkey are being subjected to beatings and torture, including rape, after the failed coup attempt. Police held detainees in
stress positions A stress position, also known as a submission position, places the human body in such a way that a great amount of weight is placed on just one or two muscles. For example, a subject may be forced to stand on the balls of their feet, then squat ...
, denied them food, water and medical treatment. Detainees were verbally abused, threatened as well as subjected to beatings and torture, including rape and sexual assault. Plastic zip-ties were often fastened too tight and left wounds on the arms of detainees. In some cases detainees were also blindfolded throughout their detention. In addition, detainees have been denied access to lawyers and family members and have not been properly informed of the charges against them, undermining their right to a fair trial. In general, it appears that the worst treatment in detention was reserved for higher-ranking military officers. Amnesty International said it wanted the
European Committee for the Prevention of Torture The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europ ...
to send people to check on detainees conditions. A person who'd been on duty at the Ankara police headquarters claimed that police denied medical treatment to a detainee. "Let him die. We will say he came to us dead," the witness quoted a police doctor as saying. Some of the detainees were in extreme emotional distress, with one detainee attempting to throw himself out of a sixth story window and another repeatedly slamming his head against the wall. Also, the Turkish President Recep Tayyip Erdoğan has extended the maximum period of detention for suspects from four days to 30, a move Amnesty said increased the risk of torture or other maltreatment of detainees. In a detailed research that cited torture cases across Turkey's prisons and detention centers, Stockholm Center for Freedom revealed that the torture, ill-treatment, abusive, inhuman and degrading treatment of people who are deprived of their liberties in Turkey’s detention centers and prisons after July 15, 2016 coup bid have become a norm rather than an exception under increased nationalistic euphoria and religious zealotry in the country. The United Nations special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Nils Melzer, visited Turkey between November 20 and December 2, 2016. The visit, originally planned for August 2016, but was postponed to December and limited to five days by the Turkish government. According to the Melzer's report investigation and prosecution of torture allegations were extremely rare, indicating a “de facto impunity for acts of torture and other forms of ill-treatment.” He also added that he heard persistent reports of severe beatings, punches and kicking, blows with objects, falaqa, threats and verbal abuse, being forced to strip naked, rape with objects and other sexual violence or threats thereof, sleep deprivation, stress positions, and extended blindfolding and/or handcuffing for several days. Many places of detention were allegedly severely overcrowded, and did not have adequate access to food, water or medical treatment. Also, both current and former detainees alleged that they had been held incommunicado, without access to lawyers or relatives, and without being formally charged, for extended periods lasting up to 30 days. He noted that physical signs of torture were visible only on a limited number of people he was able to meet in the allocated period, “most probably due to the time that had elapsed between the alleged abuse and the visit.”Turkish and Kurdish detainees tortured, raped – UN rapporteur says
/ref> The Turkish government has denied allegations of torture, blaming it on "a pre-packaged misinformation campaign formed by members of FETÖ" which the Turkish government regards as a "terrorist" organization.


Methods

Suspects are blindfolded and handcuffed immediately after detention. Even common criminal suspects are stripped naked during interrogation and left like that, often after being hosed with ice-cold water or left on the concrete floors of cells in harsh conditions of winter. The HRA and the Human Rights Foundation of Turkey (HRFT) determined 37 torture techniques, such as electric shock, squeezing the testicles, hanging by the arms or legs, blindfolding, stripping the suspect naked, spraying with high-pressure water, etc. These techniques are used by the special team members and other interrogation teams.
Foot whipping Foot whipping, falanga/falaka or bastinado is a method of inflicting pain and humiliation by administering a beating on the soles of a person's bare feet. Unlike most types of flogging, it is meant more to be painful than to cause actual injury ...
(Turkish: ''falaka'') was the method most frequently applied, until Prof. Dr. Veli Lök discovered a method of bone
scintigraphy Scintigraphy (from Latin ''scintilla'', "spark"), also known as a gamma scan, is a diagnostic test in nuclear medicine, where radioisotopes attached to drugs that travel to a specific organ or tissue (radiopharmaceuticals) are taken internally and ...
that enabled him to detect effects of it a long time after torture. There are many more methods applied in Turkey during the past and the present. In the annual reports of the Treatment and Rehabilitation Centres of the Human Rights Foundation the list of methods covers one page. The European Committee for the Prevention of Torture observed that ''the most severe methods of ill-treatment encountered in the past by CPT delegations has diminished in recent times''.


Deaths in custody

In an attempt to obtain detailed information Amnesty International submitted 110 cases to the Turkish authorities between September 1981 and October 1984.The AI report "Turkey: Deaths in Custody" was published in the newsletter of January 1989. Th
4-page report can be found as scanned images
On 10 June 1988 AI sent a list with 229 names to the Turkish authorities and in September 1998 received answers on 55 cases. Only after a list of 144 names of prisoners suspected to have died under torture was published in the Turkish press the Turkish authorities provided further information. They indirectly admitted that torture could have caused the death of 40 prisoners. Amnesty International knew of another seven cases in which alleged torturers had been convicted raising the figure of confirmed deaths in custody to 47 between 1980 and 1990. In September 1994 and September 1995 the HRFT published two reports on Deaths in Custody (14 and 15 years since the military take over) presenting a list of 419 deaths in custody (in 15 years) with a suspicion that torture might have been the reason. Another 15 deaths were attributed to hunger strikes while
medical neglect In the context of caregiving, neglect is a form of abuse where the perpetrator, who is responsible for caring for someone who is unable to care for themselves, fails to do so. It can be a result of carelessness, indifference, or unwillingness an ...
was given as the reason for 26 deaths. On the basis of this list Helmut Oberdiek compiled a revised list for 20 years (12 September 1980 to 12 September 2000) and concluded that in 428 cases torture may have been the reason for the death of prisoners. In 2008 alone the Human Rights Foundation of Turkey reported of 39 deaths in prison. In some cases torture was involved. In Diyarbakır Prison the
PKK The Kurdistan Workers' Party or PKK is a Kurdish militant political organization and armed guerrilla movement, which historically operated throughout Kurdistan, but is now primarily based in the mountainous Kurdish-majority regions of sout ...
member Mazlum Doğan burned himself to death on 21 March 1982 in protest at the treatment in prison. Ferhat Kurtay, Necmi Önen, Mahmut Zengin and Eşref Anyık followed his example on 17 May 1982. On 14 July 1982 the
PKK The Kurdistan Workers' Party or PKK is a Kurdish militant political organization and armed guerrilla movement, which historically operated throughout Kurdistan, but is now primarily based in the mountainous Kurdish-majority regions of sout ...
members Kemal Pir, M. Hayri Durmuş, Ali Çiçek and Akif Yılmaz started a hunger strike in Diyarbakır Prison. Kemal Pir died on 7 September 1982, M. Hayri Durmuş on 12 September 1982, Akif Yılmaz on 15 September 1982 and Ali Çiçek on 17 September 1982. On 13 April 1984 a 75-day hunger-strike started in Istanbul. As a result, four prisoners - Abdullah Meral, Haydar Başbağ, Fatih Ökütülmüş and Hasan Telci - died. Many more prisoners died as a result of hunger strikes and fast-to-death actions. Most deaths occurred during the actions against the isolation in the F-type prisons (12 in 1996 and 61 during the action that started in October 2000 and ended in January 2007). Some prisoners were beaten to death including: * İlhan Erdost, on 7 November 1980 in Mamak Military Prison, Ankara * Ali Sarıbal, on 13 November 1981 in Diyarbakır Military Prison * Bedii Tan, on 17 May 1982 in Diyarbakır Military Prison * Necmettin Büyükkaya, on 23 January 1984 in Diyarbakır Military Prison * Engin Ceber, on 10 October 2008 in Metris Prison, İstanbul More prisoners lost their lives during operations of the security forces in prisons. The incidents include:


Legislation

The Constitution of 1982 contains the prohibition of torture in the last two sentences of the first paragraph of Article 17: "''No one shall be subjected to torture or ill-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity''." Similar provisions had been included in previous Constitutions. In the Constitution of 1876 it was Article 26; in the Constitution of 1924 it was Article 73, and in the Constitution of 1961 it was Article 13 (paragraphs 3 and 4). Torture had been banned in Turkey, even before the Turkish Republic was founded. All Constitutions since 1876 carried provisions against torture. The crime of torture was first defined in Article 103 of the penal code of 1858. Between 1926 and 2005 the Turkish Penal Code (TPC) was Law 765. Two provisions of Law 765 provided for punishment in case of torture (Article 243) or ill-treatment (Article 245). Both offences were entitled "bad treatment of civil servants against citizens". The first paragraph of Article 243 TPC restricted the offence of torture or cruel, inhuman and degrading treatment to acts aimed at eliciting confession to a crime or in cases of victims or witnesses aimed at influencing the decision to make certain statements or complaints. The maximum sentence was eight years' imprisonment. Article 245 TPC provided for sentences of three months to five years' imprisonment if civil servants entitled to use force or other law enforcement officers resorted to bad treatment or imposed suffering on others beyond the orders of superiors and other rules. In practice Article 245 TPC was more often used than Article 243 TPC. The figures of the General Directorate of Criminal Registration and Statistics within the Justice Minister indicate that for every four trials under Article 245 TPC there was one trial under Article 243 TC. On 11 January 2003 one paragraph was added to Article 245 TPC providing that sentences passed under Articles 243 or 245 TPC could not be commuted to fines, be made conditional or be suspended. This provision against impunity was not included in the Penal Code of 2005. The Turkish Penal Code passed on 26 September 2004 as Law 5237 entered into force on 1 June 2005. Like the former Penal Code (Law 765) it included the offence of torture and ill-treatment but added the offence of torment (''eziyet''). Contrary to the former Penal Code, the Articles against torture and ill-treatment (Articles 94 to 96) were included in the chapter on offences against persons and not against the State. Like torture the offence of "torment" (suffering) has not been defined. It is left to the interpretation as to which kind of act will fall under Article 94 or Article 96 of Law 5237. A similar distinction existed between Articles 243 and 245 of the former TPC, since the first provision only referred to situations of interrogation aimed at getting a confession. The sentences for torment are very low and if as before, most cases of torture are interpreted as torment not only will the sentences remain low but the possibilities to suspend the sentences increase and the limits for exceeding the time limit will be lower. The current government has enacted new laws and training to prevent torture, including a policy involving surprise inspections of police stations that was announced in 2008. A government human rights report issued for the first time in 2008 found that the combined category of torture and ill-treatment was the third-most-common complaint in 2007, after property rights and health care.Freedom House, Freedom in the World 2009 - Turkey
16 July 2009; accessed on 23 October 2009


Length of detention

Five days after the 1980 Turkish coup d'état the maximum period that person could be held in custody (of police or gendarmerie) was extended from 15 to 30 days. On 7 November 1980 this period was increased to 90 days (3 months), during which time they was no contact to the outside world ('' incommunicado'' detention). On 5 September 1981 the maximum period of detention was lowered to 45 days. Between 17 June 1985 and 12 March 1997 the maximum period of incommunicado detention was 15 days (in regions under a state of emergency it could be extended to 30 days). Until 6 February 2002 the maximum detention period for offences dealt with at the State Security Court was seven days (10 days in regions under a state of emergency). Since 2002 the following rules apply.The remarks were taken from the book of Meryem Erdal: İşkence ve Cezasızlık (''Torture and Impunity''), published by the HRFT, Ankara 2005, ; you ca
download a translation as zip-file
/ref> Article 19 of the Constitution provides in paragraph 5 that the maximum time a person may be kept in detention, apart from the time of transfer to the nearest court, is 48 hours. This period is extended to four days in case of jointly committed offences (the condition of more than three suspects is not mentioned in the Constitution). In the Criminal Procedure Code (Law 1412) that was replaced by new legislation in 2005 the maximum time for detention was determined in Article 128. The Article provided that an apprehended person had to be taken to a judge (if not released) within 24 hours, excluding the time for the transfer to the nearest court. If the apprehended person requested, a lawyer could be present during interrogation. The prosecutor could extend this period to four days if more than three suspects were involved. The Criminal Procedure Code (Law 5271 as of 1 June 2005) regulates the length of custody in Article 91. Again the maximum length of detention is determined to be 24 hours. Article 90 of Law 5271 maintains the maximum length of detention in cases of commonly committed offences as four days. However, the period can be extended for one day at a time (for a maximum of three times). The order for extension of the time in custody again is given by a prosecutor (not a judge). For offences that had to be dealt with by State Security Courts (under the new legislation they are called "heavy penal courts authorized according to Article 250 of Law 5271") the maximum period of 24 hours in detention as provided in Article 91 of Law 5271 is set at 48 hours, according to Article 251 of Law 5271. This Article also provides that if offences under Article 250 of Law 5271 are committed in regions under a state of emergency the maximum of 4 days detention for commonly committed offences can be extended to 7 days. Article 148 of Law 5271 proscribes that a lawyer has to be present, when the testimony of a suspect is being taken (the testimony must be signed by a lawyer, otherwise it is not valid). At the end of June 2006 various changes to the Law 3713 on the Fight against Terrorism were made. Article 9 of the revised draft law (amending Article 10 of Law 3713) restricts the immediate right to legal counsel for those detained on suspicion of committing terrorism offences. Paragraph (b) of the Article specifies that, at a prosecutor’s request and on the decision of a judge, a detainee’s right to legal counsel from the first moment of detention may be delayed by 24 hours.


Statements extracted under torture

Article 15 of the UN Convention Against Torture And Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Turkey in April 1988, prohibits the use as evidence of statements extracted under torture. In addition, Article 90 of the Turkish Constitution of 1982 provides that international provisions once ratified are binding on national law.Amnesty International, Turkey: Background to the Devrimci Yol trial in Ankara, AI Index: EUR 44/47/88, 27 June 1988, reproduced as a
online edition
accessed on 8 November 2009
In view of the prohibition on "torture evidence", Amnesty International remains dismayed by the widespread attitude of judges in the special Heavy Penal Courts: judges are consistently failing to take measures to initiate investigation into complaints of torture or to attempt to assess the admissibility of evidence allegedly obtained illegally.Turkey: Justice Delayed and Denied
Index Number: EUR 44/013/2006, Date Published: 5 September 2006, accessed on 8 November 2009
Samples of court rulings on allegations that statements had been extracted under torture include: * Verdict of the Panel of Chambers at the Military Court of Cassation of 17 February 1983: ".''.. Influence is one thing, to disclose the truth as a result of influence is another thing. Because the first one will lead to sanction, there is no need to count the confession as invalid''."The verdict with numbered 1983/49-43 was quoted Mehmet Semih Gemalmaz: ''Türkiye Yargısının İşkence Karşısında Tavrı'' (Attitude of the Turkish Judiciary against Torture, printed in Human Rights Annual, Vol. 14, 1992
A German translation
is available
* Verdict of Chamber 3 at the Military Court of Cassation of 14 December 1982: "''Even of it happens that the confession was obtained using torture or other kinds of fraudulent means were applied this kind of behaviour is a different quality in the responsibility of the men on duty so that there is no judicial objection to evaluate the confession and base the verdict on it, if it is being supported by other evidence or material incidents''." * In a verdict by Erzincan Military Court No. 2, dated 24 January 1984, the judges stated that the allegations of torture were all unfounded (pages 169 to 177). The judges concluded that none of the defendants could have been tortured, because there was no evidence in the medical reports; investigations into allegations of torture had all resulted in either dropping of charges or acquitting alleged torturers. According to the court's verdict anyone, if tortured, would sign a statement prepared by the police following a certain scenario, and there would be no contradictions in those statements. * Verdict of Izmir State Security Court (SSC) of 29 November 1988: "''The defendants appealed in their defence for their statements to the police to be taken out of the files, because they had generally been extracted under torture... In accordance with the legislation it was not possible to take their statements to the police out of the files, as these statement have not been assessed as evidence of the defendants' confessions. These statements have been quoted from time to tome, if other evidence and documents existed showing that the defendants committed the alleged crime.''" * Istanbul Heavy Penal Court No. 14 (previously Istanbul SSC No. 6) in an interim decision during the hearing of a trial against six alleged members of the Revolutionary People’s Liberation Party/Front (DHKP/C) on 30 July 2004 (ground number 2004/75): "''The demand of some defence lawyers to remove the statements of E.K. to the police, the prosecutor and the arresting judge from the file, because they had not been obtained in a lawful manner and did not constitute legal evidence was rejected, because there is no provision in law to remove documents from court files''." ''See also''
Fair trial concerns in Turkey
300-page report (in German) by Helmut Oberdiek for Amnesty International Germany, Pro Asyl, and Holtfort-Stiftung, February 23, 2006, (accessed January 1, 2007)


Reports on torture in Turkey

There are numerous reports by international bodies and national and international NGOs on the problem of torture in Turkey.


The Committee for the Prevention of Torture

The European
Committee for the Prevention of Torture The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europ ...
(CPT) has paid regular visits to Turkey since the country signed and ratified the
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the member states of the Council of Europe, meeting at Strasbourg on 26 November 1987. After the European Convention on Human Ri ...
in 1988. The reports of the CPT are confidential, but most countries have agreed that these reports are made public. Turkey did so after a visit of the CPT in February/March 1999. Visit from 9 to 21 September 1990 :Taking into account also the other information gathered by the delegation in the course of its visit to Turkey the CPT has reached the conclusion that torture and other forms of severe ill-treatment are important characteristics of police custody in Turkey. At the end of 1992 the CPT felt obliged to make a public statement on Turkey and said inter alias :In short, more than two years after the CPT's first visit, very little had been achieved as regards the strengthening of legal safeguards against torture and ill-treatment... In the light of all the information at its disposal, the CPT can only conclude that the practice of torture and other forms of severe ill-treatment of persons in police custody remains widespread in Turkey and that such methods are applied to both ordinary criminal suspects and persons held under anti-terrorism provisions. Four years later another public statement was published. :Some progress has been made. The CPT's findings in the course of a visit to Turkey in October 1994 demonstrated that torture and other forms of severe ill-treatment were still important characteristics of police custody in that country. ...the Committee has continued to receive credible reports of torture and ill-treatment by Turkish law enforcement officials throughout 1995 and 1996. The report on a visit between 16 and 24 July 2000 concluded: :The information gathered during the visit from various sources suggests that resort to some of the most severe methods of ill-treatment encountered in the past by CPT delegations has diminished in recent times in the Istanbul area. As of October 2009 the latest report on torture in custody concerns a visit in 2005 :The information gathered during the CPT’s December 2005 visit would indicate that the curve of ill-treatment by law enforcement officials remains on the decline. However, there are clearly no grounds for complacency, all the more so as reports continue to appear of ill-treatment by law enforcement officials in different parts of the country.


Other international bodies

The Commission for Enlargement of the European Union publishes annual reports on progress of countries that have asked for accession. The report on Turkey of 14 October 2009 stated :Overall, while the Turkish legal framework includes a comprehensive set of safeguards against torture and ill-treatment, efforts to implement it and fully apply the government's zero-tolerance policy have been limited. Allegations of torture and ill-treatment and impunity for perpetrators are still a cause for great concern. The Bureau of Democracy, Human Rights, and Labor in the U.S. Department of State publish annual country reports. The 2008 report on Turkey was published on 25 February 2009. It stated :During the year human rights organizations documented a rise in cases of torture, beatings, and abuse by security forces... A December parliamentary Human Rights Investigation Commission report found that, between 2003-08, 2 percent of the 2,140 personnel who were investigated due to accusations of torture or mistreatment were given disciplinary sentences. The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak published a report on various countries on 15 March 2007.Report of the Special Rapporteur on Torture
; accessed on 25 October 2009
Pages 119 to 129 relate to Turkey. Among the recommendations was :Prosecutors and judges should not require conclusive proof of physical torture or ill-treatment (much less final conviction of an accused perpetrator) before deciding not to rely as against the detainee on confessions or information alleged to have been obtained by such treatment. Following the wide-scale torture incidents in 2016, The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Prof. Nils Melzer, visited Turkey two times. While his first visit was focused on freedom of press and expression and the second one was focused on the cases of torture under police custody and in prisons. His reports are published a
OHCHR website
Freedom from Torture Freedom from Torture (previously known as The Medical Foundation for the Care of Victims of Torture) is a British registered charity which provides therapeutic care for survivors of torture who seek protection in the UK. Since it was established ...
, the UK charity which works with torture survivors, stated that it had received 79 referrals of individuals from Turkey, for clinical treatment and other services provided by the charity, in 2011Freedom from Torture Annual Review 2012 http://www.freedomfromtorture.org/sites/default/files/documents/FFT_Ann.Rev-2011-f.pdf


References

{{Europe in topic, Torture in Human rights abuses in Turkey Discrimination in Turkey