The United Nations Committee Against Torture (CAT) has released its concluding observations on Turkey’s fifth periodic report, highlighting significant concerns over human rights practices, particularly in relation to the treatment of lawyers, judges, and detainees.
Overview of the Report
The CAT reviewed Turkey’s compliance with the Convention against Torture during meetings held on July 17 and 18, 2024. The concluding observations, adopted on July 25, underscore a range of issues including judicial independence, conditions of detention, and allegations of torture.
Definition of Torture in Turkish Legislation is Not in Line with the Convention
The Committee noted that Turkey’s domestic legislation does not fully align with the definition of torture as set out in the Convention. Specifically, the current legal framework fails to include the purpose of inflicting suffering and does not unequivocally state that no exceptional circumstances may justify torture. The Committee urged Turkey to amend its laws to close these loopholes that could foster impunity.
Judicial Independence Must Be Restored
The mass dismissals and arrests of judges and lawyers following the 2016 coup attempt were condemned. The Committee highlighted the need to restore judicial independence and ensure that legal professionals can operate without interference from the executive branch.
National Human Rights Institution and National Preventive Mechanism Lack Independence and Diversity
The Human Rights and Equality Institution of Turkey, while granted B status by the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions, was criticized for lacking diversity and independence from the executive branch. The Committee recommended reforms to ensure the institution’s full compliance with international standards and greater transparency in its operations.
Insufficient Fundamental Legal Safeguards for Detainees
Concerns were raised over the lack of sufficient legal safeguards for detainees, particularly in terrorism-related cases. The Committee highlighted that individuals could be detained for extended periods without judicial oversight and recommended ensuring detainees’ rights to access legal counsel and independent medical examinations from the outset of detention.
Overcrowded and Inadequate Conditions of Detention
Overcrowding in prisons remains a significant issue, with a reported occupancy rate exceeding 110%. The Committee highlighted the inadequate conditions in high-security prisons, where inmates are often held in solitary confinement for extended periods. The treatment of vulnerable groups, such as pregnant women and children in detention, was also a major concern. The report called for urgent reforms to improve living conditions and ensure the humane treatment of all detainees.
Lack of Investigation into Deaths in Custody
The Committee expressed concern over insufficient investigations into deaths in custody and the lack of involvement from family members and independent monitors. It called for thorough, impartial investigations into all such deaths, ensuring accountability and transparency.
Persistent Allegations of Torture and Ill-treatment by Law Enforcement
The report detailed ongoing allegations of torture and ill-treatment by law enforcement and intelligence officers. Notably, it referenced an increase in such allegations following the 2016 coup attempt and the 2023 earthquakes in southeastern Turkey. The Committee urged the government to conduct prompt, impartial investigations and prosecute those responsible for acts of torture.
Excessive Use of Force by Law Enforcement Needs Regulation
Amendments to laws governing police conduct were criticized for allowing excessive use of force. The Committee recommended revising these laws to align with international standards and ensuring that law enforcement personnel receive appropriate training on the use of force.
Principle of Non-refoulement Must Be Upheld
The Committee raised concerns over the treatment of asylum seekers and migrants, including reports of excessive force used by border police and the detention of children and families. It urged Turkey to comply with international non-refoulement obligations and ensure humane treatment for all migrants.
Forced Renditions and Extraditions Must Cease
Allegations of state-sponsored abductions and forced returns of individuals associated with the Hizmet/Gülen movement were highlighted. The Committee called on Turkey to cease such practices and ensure that all cases of enforced disappearance and torture are investigated independently and thoroughly.
Protection Needed for Human Rights Defenders and Journalists
The report noted that human rights defenders and journalists face threats, harassment, and prosecution. The Committee emphasized the need for Turkey to protect these individuals’ rights to free expression and peaceful assembly, ensuring they can operate without fear of reprisal.
Gender-based and Domestic Violence Protections Are Insufficient
Turkey’s withdrawal from the Istanbul Convention on combating violence against women was a significant concern. Despite legislative measures, the Committee found that protections against gender-based violence remain insufficient and urged Turkey to reconsider its withdrawal and strengthen its efforts to protect victims.
Investigation and Prosecution of Acts of Torture and Ill-treatment Need Improvement
The Committee criticized the lack of detailed statistics on the prosecution of torture cases and noted that many acts of torture are prosecuted under lesser charges. It called for comprehensive data collection and the prosecution of all torture cases under appropriate legal frameworks.
Monitoring of Places of Deprivation of Liberty Lacks Transparency
The Committee noted deficiencies in the monitoring of detention facilities, including a lack of transparency and limited involvement of civil society organizations. It recommended increasing the transparency and independence of monitoring bodies and publishing all relevant reports on detention conditions.
Confessions Obtained Through Torture Must Be Invalidated
Despite legal provisions against the admissibility of evidence obtained through torture, the Committee expressed concern that such evidence is still used in practice. It called for strict enforcement of these provisions and thorough investigations into all allegations of coerced confessions.
Recommendations and Government Response
The CAT provided a series of recommendations to address these issues, including ensuring judicial independence, improving detention conditions, investigating torture allegations, and protecting human rights defenders. Turkey is expected to provide an update on its progress by July 26, 2025. The government is urged to widely disseminate the report and the Committee’s observations to raise public awareness and foster dialogue on improving human rights practices.
Conclusion
The UN Committee Against Torture’s latest report on Turkey underscores the urgent need for reforms to address significant human rights violations. The international community will be closely monitoring Turkey’s actions in response to these recommendations, emphasizing the importance of safeguarding human rights and ensuring justice for all individuals.
Categories: Torture and Impunity, Turkey Human Rights Blog