by Anna Karamanou (PSE) to the
Commission
(12 May 2003)
Subject: Torture and inhuman treatment of women in Turkish jails
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P-1680/03EN
Answer given by Mr
Verheugen
on behalf of the Commission
(10 June 2003)
The Commission is aware of
the problems in Turkey regarding torture (which mainly occurs during pre-trial
detention under police custody), violence against women and detention conditions.
In its 2002 Regular Report on Turkey[1] ,
the Commission outlined the key concerns in these areas. The recently adopted
revised Accession Partnership with Turkey sets out the priority areas with
respect to these concerns.
Priorities include the need
to implement measures to fight against torture, in line with Article 3 of the
European Convention on Human Rights and the Recommendations of the European
Committee for the Prevention of Torture. They also include the need to adopt
further measures to ensure that prosecutors conduct timely and effective
investigations of alleged cases and that courts impose adequate punishments on
those convicted of abuses. With respect to detention conditions, the Accession
Partnership outlines the need for Turkey to guarantee in practice the right for
detained and imprisoned persons to have access in private to a lawyer and to
have relatives notified, from the outset of their custody, in line with the
European Convention on Human Rights. Turkey is also asked to continue to bring
conditions in prisons into line with standards in Member States.
As acknowledged by these
priorities, the Commission notes that whilst some progress has been made, with
respect to the implementation of legislation there is still need for
considerable improvement. Recent reports by the United Nations Committee
Against Torture, Amnesty International, and the World Organisation Against
Torture (OMCT) have all suggested that torture during pre-trial detention,
including sexual and physical violence against women, is still a major concern
in Turkey.
The Commission notes that
Turkey has, however, made considerable progress in terms of legal reform in the
fight against torture. In particular, Turkey has lifted the requirement to seek
permission from a superior officer in order to open investigations on a police
officer for torture allegations; prison
sentences for torture cannot now be reduced to fines, a suspension of the
police officer in question or any other measure; and defendants under the
competence of the State Security Courts – like all other defendants – have now been
granted access to a lawyer from the outset of custody.
As a Candidate Country,
Turkey aims to fulfil the Copenhagen political criteria. This includes the need
to end torture of all kinds as well as to guarantee the full enjoyment of human
rights and fundamental freedoms in line with the Charter of Fundamental Rights
of the European Union and relevant international and European instruments to
which Turkey is party. The Commission will continue to monitor all developments
related to allegations of torture in Turkey as well as the implementation of
the above-mentioned legislation.
[1] COM (2002) 700 final