ACTION OF THE SECURITY FORCES IN TURKEY - PROGRESS ACHIEVED AND OUTSTANDING PROBLEMS

Interim Resolution ResDH(2005)43

Actions of the security forces in Turkey

Progress achieved and outstanding problems

General measures to ensure compliance with the judgments of the

European Court of Human Rights in the cases against Turkey concerning actions of members of the security forces (listed in Appendix III)

(Follow-up to Interim Resolutions DH(99)434 and DH(2002)98)

(Adopted by the Committee of Ministers on 7 June 2005
at the 928th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”);

Having regard to the 74 judgments and decisions finding that Turkey is responsible for numerous breaches of the Convention relating to the action of its security forces, including disappearances, homicides, torture and ill-treatment, destruction of property and relating also to the lack of effective domestic remedies against state officials responsible (see cases and violations listed in Appendix III);

Bearing in mind that a number of other cases involving similar complaints have been struck off the list by the European Court of Human Rights (the “Court”) following the conclusion of friendly settlements or other solutions found, in particular on the basis of the government's undertaking to take rapid remedial measures;

Noting that most of the violations in the cases at issue took place against the background of the fight against terrorism in the 1990s and recalling that each contracting state, in combating terrorism, must act in full respect of its obligations under the Convention, as set out in the Court's judgments, and developed in the Council of Europe Guidelines on human rights and the fight against terrorism;

Welcoming the lifting of the state of emergency in all areas in South-East Turkey in November 2002 and recalling the government's withdrawal on 29 January 2002 of its derogation from certain of its obligations under the Convention (Article 15), thus making the Convention fully applicable in Turkey;

Recalling that in response to the violations of the Convention found, Turkey has taken important remedial action aimed at

- reinforcing the regulatory framework for the action of the security forces,

- improving the professional training of the members of the security forces and

- ensuring the existence of effective domestic remedies in all cases of alleged abuse;

Bearing in mind the Committee's assessments of the progress achieved by Turkey in adopting the necessary execution measures, as indicated in the Committee's Interim Resolutions DH(99)434 of 9 June 1999 and DH(2002)98 of 10 July 2002, and the further measures identified in those texts to ensure that new, similar violations are prevented;

Recalling that, in Interim Resolution DH(2002)98, the Committee, in particular;

“Called upon the Turkish Government to focus its further efforts on the global reorganisation of the basic, in-service and management training of Police and Gendarmerie, building notably on the efforts deployed in the framework of the Council of Europe's Police training project, with a view to achieving, without delay, concrete and visible progress in the implementation of the major reforms which were found necessary;

Urged Turkey to accelerate without delay the reform of its system of criminal prosecution for abuses by members of the security forces, in particular by abolishing all restrictions on the prosecutors' competence to conduct criminal investigations against State officials, by reforming the prosecutor's office and by establishing sufficiently deterring minimum prison sentences for persons found guilty of grave abuses such as torture and ill-treatment;

Strongly encouraged the Turkish authorities to pursue and develop, in particular in the context of the new Council of Europe/European Commission Joint Initiative, short and long-term training strategies for judges and prosecutors on the Convention and the Court's case-law, including wider dissemination of translated judgments to the domestic courts, rapid adoption and implementation of the legislation on the Turkish Academy of Justice and inclusion in its curricula of in-depth courses on the Convention;

Called upon the Turkish Government to continue to improve the protection of persons deprived of their liberty in the light of the recommendations of the Committee for the prevention of torture (CPT);

Invited the Turkish authorities regularly to keep the Committee of Ministers informed of the practical impact of the measures taken, notably by providing statistics demonstrating effective investigations into alleged abuses and adequate criminal accountability of members of the security forces; “

Bearing in mind furthermore the Committee's Declaration of 12 May 2004 “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels” and the Recommendations to member States to which it refers[1], designed to improve the application of the Convention in the domestic law of all member States;

Assessment of the Committee of Ministers

Having examined the information provided by the Turkish authorities concerning the measures taken since the adoption of Interim Resolution DH(2002)98 (see, Appendix I) (for information on the “Council of Europe/European Commission Joint Initiative” see Appendix II) , as well as the Court's judgments dealing with the same issues which have been transmitted since then to the Committee of Ministers for supervision of execution (see Appendix III);

Welcoming the determination of the Turkish authorities to ensure that the actions of the security forces fully comply with the requirements of the Convention and noting with satisfaction the substantial reforms adopted since 2002 to that effect, including most recently the new Penal Code and Code of Criminal Procedure, which came into force on 1 June 2005;

Reinforcing the regulatory framework for the action of the security forces

General regulations and instructions

Welcoming the authorities' “zero-tolerance” policy with regard to torture and ill-treatment by the security forces as well as their ongoing efforts to ensure that existing laws and regulations are implemented, in particular through the issue of circulars calling for the total eradication of human rights violations, so that the right to life is effectively guaranteed and that torture and ill-treatment are prohibited in practice;

Improvement of procedural safeguards in order to prevent torture or ill-treatment in police custody

Welcoming the additional safeguards introduced for persons held in police custody, in particular the right of all persons to see a lawyer of their own choosing from the outset of the custody period, the right to free legal assistance, the right of the suspect's representative to have access to the investigation file and the right to a medical examination without the presence of members of security forces;

Stressing the need for strict implementation of all these safeguards, also bearing in mind the recommendations of the Committee for the Prevention of Torture (CPT);

Noting in this context that these additional safeguards have been supplemented by a number of regulations based on the new Code of Criminal Procedure and in line with the Convention's requirements;

Improving the professional training of the members of the security forces

Noting the entry into force of the legislation on the establishment of a Staff Education and Training Unit, which will deal with the initial and in-service training of staff in prisons and detention centres;

Noting the positive outcome of the Council of Europe/European Commission Joint Initiative on “Police, professionalism and the Public in Turkey”, which aimed, inter alia, at developing local capacity to train members of police and gendarmerie in the field of human rights;

Stressing that the results of the Council of Europe/European Commission Joint Initiative should be consolidated and further developed, in particular as regards the mainstreaming of human rights training into the initial and in-service training of the police and gendarmerie, especially as regards the inclusion of the human rights dimension in practical police and gendarmerie related topics;

Ensuring the existence of effective domestic remedies in all cases of alleged abuse

Direct effect of the Convention in Turkish law

Welcoming the amendments made to the Turkish Constitution in May 2004 concerning, in particular, the abolition of state security courts and the precedence to be given to the Convention and the case-law of the Court in Turkish law and stressing the importance that this reform is translated rapidly into the practice of prosecutors and members of the judiciary;

Adequate compensation for damage caused

Noting the continuing practice of the administrative courts of ensuring reparation by the state for damage caused as a consequence of actions of the security forces;

Noting with interest that, further to the undertaking in Interim Resolution ResDH(2002)98 (see §§ 16-17), a new Law on Compensation of Losses Resulting from Terrorism and from Measures Taken against Terrorism and the relevant implementing regulations have been adopted.

Noting also that this legislation provides an alternative avenue for obtaining directly from the administration, compensation for pecuniary damages caused by natural or legal persons as a result of terrorist activities and operations carried out in combating terrorism during the period 1987 to 2004, and that judicial review of decisions taken in this respect is available;

Stressing that the authorities must now ensure that this legislation is implemented in an effective and impartial manner so as to provide prompt and adequate compensation to all persons having suffered losses as a result of the fight against terrorism during the period in question;

Establishment of enhanced accountability of security forces

Welcoming the enhanced accountability of the security forces in the new Criminal Code as a result of the introduction of minimum prison sentences for crimes of ill-treatment and torture, which may no longer be converted into fines or suspended;

Stressing that criminal investigations into allegations of abuse must be dealt with promptly to avoid impunity resulting from statutory limitations on crimes, bearing also in mind the continuing obligation under the Convention to carry out such investigations;

Welcoming the fact that the administrative authorisation required for criminal investigations in cases of alleged ill-treatment and torture by the security forces was abolished on 10 January 2003 by an amendment to Law No. 4483;

Noting with interest in this connection the developing practice of administrative courts to quash administrative decisions refusing the indictment of members of security forces accused of other unlawful actions;

Recalling also in this context a number of important new safeguards introduced to prevent torture or ill-treatment in police custody, as mentioned above;

Welcoming the provisions of the new Code of Criminal Procedure enabling the involvement of victims or complainants in the criminal investigation and subsequent proceedings, in particular the right of victims to have access to the investigation file;

Welcoming the fact that Turkish law provides an automatic right of judicial review in cases where public prosecutors issue a decision not to prosecute cases of alleged abuse by members of security forces;

Welcoming the efforts made to improve the efficiency of criminal investigations and proceedings through the training of judges and prosecutors, and in particular the positive results obtained in the framework of “Council of Europe/European Commission Joint Initiative”[2] which aimed to develop new, practice-based, training capacities among judges, prosecutors and lawyers on the Convention and the application of the Court's case-law;

Welcoming also the various other awareness-raising and training activities for judges and prosecutors initiated by the authorities, as well as the establishment of the Turkish Academy of Justice, and underlining the need for enhanced efforts to mainstream the Convention training into the initial and in-service training of judges and prosecutors within the framework of the Academy;

Noting the examples provided of indictments lodged with the criminal courts and decisions of those courts demonstrating that allegations of abuses by members of security forces are prosecuted and their criminal accountability is established;

Regretting, nonetheless, that statistics on the number of complaints lodged and on the outcome of such complaints have yet to be provided with a view to ensuring the Committee to assess the efficiency of the reforms adopted;

Conclusions of the Committee of Ministers

Welcomes the adoption of a number of important reforms as well as the ongoing efforts to ensure full compliance with the Convention in these cases;

Expresses satisfaction with the results obtained so far, while encouraging the authorities:

- to consolidate their efforts to improve the procedural safeguards surrounding police custody through the effective implementation of the new Regulations based on the new Code of Criminal Procedure, in the light of the requirements of the Convention and bearing in mind the recommendations of the Committee for the Prevention of Torture (CPT);

- to consolidate their efforts to reorganise the basic, in-service and management training of the police and gendarmerie by making use of the results obtained in the Council of Europe/European Commission Joint Initiative, in particular as regards the mainstreaming of human rights into initial and in-service training;

- to take the necessary measures to ensure that the new status of the Convention and the case-law of the Court flowing from the change of Article 90 of the Constitution is translated into the daily practice of the security forces, in particular in the instructions given to them, and that prosecutors and judges are also encouraged to give effect to this new provision;

- to ensure the prompt and efficient implementation of the new “Law on Compensation of the Losses Resulting from Terrorism and from the Measures Taken against Terrorism”, to reconsider its limited

time-frame so that all claims can be processed in an impartial manner, and to ensure that individuals do not have to bear a disproportionate burden as a result of lawful actions of the security forces;

- to take the necessary measures to remove any ambiguity regarding the fact that administrative authorisation is no longer required to prosecute any serious crimes allegedly committed by members of security forces;

- to pursue the training provided for judges and prosecutors in the Academy of Justice, in particular by mainstreaming the training on the Convention and the case-law of the Court into the initial and in-service training of judges and prosecutors within the framework of the Academy;

Urges the Turkish authorities regularly to keep the Committee of Ministers informed of the practical impact of the measures taken, including the provision of statistics regarding number of investigations, acquittals and convictions into alleged abuses;

Decides to pursue the supervision of the execution of the present judgments until all necessary measures have been adopted and their effectiveness in preventing new similar violations has been established;

Decides to resume consideration of the measures taken or envisaged in these cases within nine months to a year.

Appendix I to Interim Resolution ResDH(2005)43

Information provided by the Government of Turkey to the Committee of Ministers on the additional general measures to comply with the European Court's judgments

(adopted since Interim Resolution ResDH(2002)98
                 Reinforcing the regulatory framework for the action of the security forces

              General regulations and instructions

1.The Circular of the Ministry of Interior of 16 January 2003 to all Provincial Governors and to the Gendarmerie Central Command, calls for effective respect of the requirements of the ECHR and of the Turkish Constitution and legislation, as recently amended, so as effectively to guarantee the right to life and the prohibition of torture and ill-treatment in day-to-day practice. The Circular states that serious steps will be taken to eradicate human rights violations, such as torture, disappearances, deaths in custody and unacknowledged homicides and recalls the obligation of strict compliance with the Regulations on Apprehension, Police custody and Interrogation (notably as regards the proper record of the detention, medical examination of detainees, etc). It also stresses the importance of in-service training and awareness-raising activities for all personnel of the security forces. (Follow-up instructions for different security forces are presently being prepared by the competent authorities).

2.The Circular of the Minister of Interior of 18 October 2004 on the European Union's human rights defenders' guidelines. The circular intends to develop cooperation between the local authorities and human rights defenders in the light of the European Union's Guidelines on Human Rights Advocacy. The Circular states that the local authorities will ensure that the public institutions and law enforcement officers act in the light of the principles set out in the guidelines. To this end, they will organise training and other social activities to promote human rights and good governance, in particular to the members of security forces. Furthermore, the local authorities shall make the necessary effort to develop the cooperation with the NGOs that are active in the field of human rights and shall inform the Ministry the successful examples of cooperation in this regard. The Government expects that the implementation of this circular will take into account the rights of the human rights defenders under the Convention.

              Improvement of procedural safeguards in order to prevent torture or ill-treatment in police custody

3.Abolition of State Security Courts and special procedures applicable before them: State Security Courts were abolished by constitutional amendments introduced on 7 May 2004. As a result, all procedural safeguards provided for by the ordinary criminal procedure have henceforth become applicable in all proceedings without exception.

4.Right of access to a lawyer: Law No. 4778 of 11 January 2003 abolished Article 16 § 4 of the Law No. 2845 on State Security Courts, which denied access to a lawyer during the first 48 hours of detention to all persons held in police custody in connection with offences falling within the jurisdiction of State Security Courts. As a result, all persons now have the right to have access to a lawyer as from the beginning of their police custody regardless of the type of offence with which they are charged.

5.The possibility of detained persons to receive free legal assistance and the right of the suspects' representative to have access to the investigation file have been introduced by the amendments made to the Regulations on Apprehension, Police custody and Interrogation on 3 January 2004.

6.Other rights during police custody: Following the amendments introduced on 18 September 2002 to the Regulations on Apprehension, Police custody and Interrogation information is now given to the apprehended persons about their rights at the time they are taken into custody. On 3 January 2004 further amendments were made to these Regulations, which specify that the presence of members of security forces during the medical examination of detainees will be allowed only in the case of a documented request of the forensic doctor based on concerns of personal security. On the latter point, the Circulars of the Ministry of Justice of 28 May and of 22 August 2002 and the Circular of the Ministry of Health of 10 October 2003 have been issued, which stress on the need to respect the confidentiality of medical examinations. The Circulars further state that law enforcement officers shall respect the confidentiality of medical examinations and shall not be present in the premises while the examination is being carried out. The amendments also require that detention records must be detailed, which should include information on the contact coordinates of the detainee's relatives and all the instances where the detainees leave the detention room.

7.The new Code of Criminal Procedure, which came into force on 1 June 2005, provides that the following issues shall be governed by Regulations to be adopted compatible with the Code : The conditions of detention facilities, duties of responsible staff, rules relating to medical examinations, custody records and detention logbooks, documents to be prepared when detainees are taken into custody and released, documents to be submitted to the detainees and other rules related to arrest (Article 99 of the Code).

8.Furthermore, the provisions of the new Code provide that no statement obtained by security forces in the absence of a lawyer shall be considered as a basis of a conviction unless the suspect or accused confirms that statement before a judge or a court (Article 148 of the Code of Criminal Procedure). The new Code also prohibits the statements obtained under torture, ill-treatment or any methods such as medication, tiring, deception or use of physical force or duress to be used as evidence.

               Improving the professional training of the security forces

9.Staff Education and Training in Prison and Detention Centres: Four Regulations were adopted on 4 May 2004 establishing a “Staff Education and Training Unit”, which will deal with initial and in-service training of staff members of prisons and detention centres. The curriculum will also include courses dealing with human rights issues, and notably the protection of prisoners' rights.

10.Training and awareness activities concerning human rights have been ongoing since 1992, both as regular teaching subjects in the gendarmerie schools and as training courses, seminars and conferences. Up until 2002, an overall number of 1,967 officers, 8,804 inferior officers and 18,942 sergeants had benefited from the regular training courses, while 36,303 members of the gendarmerie of all ranks have attended various seminars and conferences since 2000. Courses dealing with human rights topics are also dispensed at the level of the local gendarmerie units, aiming at covering the whole of the gendarmerie staff.

             Ensuring the existence of effective domestic remedies in all cases of alleged abuse

              Direct effect of the Convention in Turkish law

11.On 7 May 2004 the Turkish Parliament adopted an amendment to Article 90 of the Constitution, which now provides that international human rights agreements will prevail over incompatible domestic law.

12.Following the aforementioned constitutional amendment, the Turkish Government presented to the Committee of Ministers a number of examples of Turkish highest courts referring to and taking into account the requirements of the Convention, as set out in the European Court's judgments.

13.Two recent judgments of the Court of Cassation – one dealing with the re-trial of Sadak, Zana, Dicle and Doğan, and the other one concerning the surveillance of telephone conversations – highlight the direct effect today given to the Strasbourg judgments in the Turkish legal order.

14.The Government considers that these developments in domestic law confirm the will demonstrated on earlier occasions by the highest national judicial authorities to ensure effective respect for the European Court's judgments in the interpretation of Turkish law and of the Convention. The Government stress that it has continuously encouraged these developments (see, e.g. Resolution ResDH(2001)71 in the Akkuş case and Resolution ResDH(2001)70 in the Aka case). Having regard to these developments and to the new Article 90 of the Constitution, it now expects that all Turkish courts will give direct effect to the European Court's judgments, thus fulfilling Turkey's obligation under Article 46 of the Convention to grant redress for the violations of the Convention and to prevent new similar violations in future. The Government undertake to regularly report to the Committee of Ministers about continuous development of domestic case-law in this sense.

              Adequate compensation for damages caused

Compensation through judicial proceedings

15.The administrative courts have continued their practice of ensuring reparation by the State for damage caused as a consequence of actions of security forces. A number of recent examples demonstrate this:

16.In a decision delivered by the Istanbul Administrative Court on 10 December 2003 the court awarded 62,338 Euros for pecuniary and non-pecuniary damages to the plaintiffs who alleged that their son had been killed as a result of the excessive use of force by the members of security forces during a prison riot in Istanbul in 2001. Also in a series of decisions by the Ankara Administrative Court delivered in 2002 the plaintiffs were awarded damages on account of the death of their relatives during prison riots in Ankara in 1999. In all these cases the Ankara Administrative Court held that the prison authorities had failed to secure the right to life of the victims and that the administration was liable to the plaintiffs for the death of their relatives on account of the excessive use of force exercised by members of security forces. In another decision delivered by the Istanbul Administrative Court on 30 September 2002, the court held that the administration was liable to pay damages to the plaintiff on account of the failure of the authorities to identify the perpetrators in the killing of the applicant's mother within the 20 year statutory time limit.

Additional rights of compensation through special proceedings for damages caused between 1987 and 2004

17.Following the Government's earlier undertakings before the Committee of Ministers (see, notably Interim Resolution DH(2002)98, §§ 16-17) the Parliament adopted on 14 July 2004 the “Law on Compensation of the Losses Resulting from Terrorism and from the Measures Taken against Terrorism”. The law provides an alterative possibility to obtain directly from the administration compensation for pecuniary damages caused natural or legal persons as a result of terrorist activities and operations carried out in combating terrorism during the period 1987 to 2004 with a possibility of judicial review of decisions taken in this respect. The law does not cover the damages settled by the State by other means, damages compensated by the judgments of the European Court, damages resulting from social and economical reasons and damages of those who left their residences voluntarily (reasons not related to concerns of security), damages caused by intentional acts and damages of those who were convicted under Articles 1, 3 and 4 of Anti-terrorism Law and of those who were convicted for aiding and abetting terrorist organisations. On 20 October 2004 the “Regulation on the Compensation of the Losses Resulting from Terrorism and from the Measures taken against Terrorism” entered into force, which lays down the rules governing the functioning of “compensation assessment commissions” and their working methods. The Regulation further lays down the rules relating to methods of determining the amounts of compensation to be awarded.

18.The Government will keep the Committee of Ministers informed of the effective implementation and possible developments of this new procedure to ensure that effective compensation is available to victims in line with the Convention requirements as set out in the relevant judgments of the European Court.

              The establishment of effective accountability of security forces

Effective investigation into alleged abuses

19.Public prosecutors have been reminded by the Circular of the Ministry of Justice of 20 October 2003 of the provisions of international, constitutional and national legislation concerning prevention of torture and ill-treatment. The Circular states that investigations into allegations of torture and ill-treatment should be carried out speedily and effectively by public prosecutors and not by members of security forces.

20.As regards the problems posed by the administrative authorisation required for criminal investigations to be initiated against members of security forces in cases of alleged ill-treatment and torture, this obstacle was abolished on 10 January 2003 by amendment of Law No. 4483 on the Prosecution of Civil Servants. The Government also repeatedly stressed before the Committee of Ministers its position, in line with the Convention requirements, that the criminal investigation into all other violations of the Convention (e.g. unlawful killings, destruction of property etc) by members of security forces was not subject to any administrative authorisation.

21.The Turkish authorities have therefore consistently encouraged the developing practice of administrative courts to quash administrative decisions refusing the indictment of members of security forces of other unlawful actions, such as unintentional homicide, causing bodily harm, causing death in traffic accident, burning of houses. The administrative courts have concluded that Law No. 4483 on the Prosecution of Civil Servants does not grant judicial powers to the administrative authorities but only provides that the relevant administrative councils should send the outcome of their examinations to the judicial authorities in the cases of all abuses. These decisions also stress that it is for the judicial authorities to investigate and decide whether the accused public officials committed the offences and whether they were liable or not.

22.The Government will keep the Committee of Ministers informed of the developments in this sense and of further measures fully to ensure that no administrative obstacle exist to effective investigation into the kind of serious abuses at issue in the present cases.

Access of victims to the investigative procedure

23.As to the right of victims or complainants to be involved in the criminal investigations, Article 243 of the new Code of Criminal Procedure provides that the victim or the complainant may a) request from the public prosecutor to collect evidence b) request a copy of the investigation file c) receive free legal assistance d) request a copy of the evidence e) be informed of the hearings f) take part in the proceedings as an intervening party g) request a copy of the case-file h) request to invite witnesses i) benefit from the assistance of a lawyer during the proceedings j) appeal a decision.

24.As regards effective nature of sanctions, the new Code of Criminal Procedure further provides (in line with Article 165 of the old Code) an automatic right of judicial review in cases where public prosecutors issue a decision not to prosecute cases of alleged abuses by members of security forces.

Effective punishment of abuses

25.Articles of 243 and 245 of the old Criminal Code, which set penalties for torture and ill-treatment, have been amended by Law No. 4778 of 10 January 2003 and Law No. 4963 of 7 August 2003 and provide that the penalties imposed under these provisions can no longer be converted into fines or suspended. According to these amendments, the investigation and prosecution of cases of torture and ill-treatment are to be treated with particular speed, as priority cases. Hearings of cases relating to these offences cannot be adjourned for more than 30 days, unless there are compelling reasons, and these hearings will also be held during judicial recess. These amendments will be incorporated in the new Criminal Code, which came into force on 1 June 2005. Furthermore, a minimal sanction of 5 years of imprisonment has been introduced for torture and ill-treatment with the coming into force of the new Criminal Code. The Government will keep the Committee of Ministers informed of implementation of these new provisions.

26.As to the progress made in ensuring effective prosecution and convictions of members of security forces for unlawful acts, this is demonstrated by a number of recent domestic court decisions. In a decision of the Ankara Assize Court dated 26 March 2004 four police officers, charged with causing the death of a suspect while in police custody, had been convicted to four years, five months and ten days imprisonment. Furthermore, the 8th Chamber of the Court of Cassation quashed on 30 January 2002 a decision of a first instant court, which had acquitted members of security forces for offence of torture. In a decision of the Şırnak Criminal Court of 12 November 2004, a police officer was convicted to two months and fifteen days' imprisonment for having ill-treated the victim. There are also a number of indictments lodged with domestic courts mainly in South-East of Turkey in 2003 and 2004 where members of security forces were charged for unlawful acts, in particular ill-treatment and torture.

27.The Government encourage these developments in domestic courts' practice tending to impose more severe sanctions for abuses, thus contributing to effective implementation by Turkey of the European Court's judgments. The Government will continue to keep the Committee of Ministers informed of further improvements in this domain, including by providing the relevant statistics demonstrating the effective accountability for abuses, as well as specific decisions imposing deterring disciplinary and criminal sanctions against members of security found guilty of torture, ill-treatment or other violations of the Convention.

D.Training of judges and prosecutors

28.On 23 July 2003 the Parliament adopted a law on the establishment, organisation and duties of the Turkish Academy of Justice, an institution consecrated to the education of judges and prosecutors. The law provides that the Academy will ensure basic, pre-service and in service training for general, administrative and military judges and public prosecutors, of lawyers and notaries and of auxiliary justice personnel. Various training curricula and modalities are foreseen depending on the concrete needs of each category of students. On 8 October 2004 the “Regulation on the inter-professional education in the Turkish Academy of Justice” entered into force. According to the provisions of the Regulation human rights education will be included in the curriculum of the Academy.

            Final comments

29.Finally, the Government is taking into account CM Recommendations on the publication and dissemination in the Member States of the text of the European Convention on Human Rights and of the case-law of the European Court of Human Rights (Rec(2002)13), on the European Convention on Human Rights in university education and professional training (Rec(2004)4) and on the improvement of domestic remedies (Rec(2004)6) in order to ensure that the Turkish law and practice is fully brought in line with the requirements of the Convention and the case-law of the Court.

Appendix 2 to Interim Resolution ResDH(2005)43

Council of Europe's programme “Police and Human Rights – Beyond 2000”: Council of Europe/European Commission Joint Initiative “Professionalism and respect for Human Rights in the Turkish National Police and Gendarmerie in their behaviour and relations with the public”

The project's overall objective was to develop professionalism and respect for human rights in the Turkish National Police and the Gendarmerie in their behaviour and relations with the public. The specific objectives of the project were to ensure that training programmes for police officers and gendarmerie are in compliance with Council of Europe standards and to develop local capacity to train all police officers and gendarmerie in Human Rights standards.

In order to achieve the above objectives, the Project activities comprised the following:

- translation of police training materials prepared by the Council of Europe,

- train-the-trainers courses, and

- expertise on the curricula for basic training of Turkish Police and Gendarmerie.

As regards the translation of police training material, a series of eight books/brochures were translated and copies were forwarded by the relevant Turkish authorities to be used at the Police and Gendarmerie training institutions.

As regards the train-the-trainers courses, their aim was to develop local capacity to train all police officers and gendarmerie in Human Rights standards. Except for the participants in the pilot courses that took place in 2002, the participants (60 persons) were teachers in basic training of the Police and Gendarmerie. These teachers now form a pool of trainers in order to provide training to teachers of new recruits.

As regards expertise on the revised curriculum for the new two-year basic training of the Police, this curriculum was submitted in January 2003 to the Council of Europe (adopted and in use since 15 September 2001). Council of Europe experts carried out an analysis of the curriculum and submitted a number of observations and recommendations aiming, in particular, at taking a more practical approach and at mainstreaming human rights into police related topics. The curriculum was revised following the expert analysis and its implementation is ongoing. The National Gendarmerie finalised the curriculum for basic training and submitted it for analysis by Council of Europe experts.

Objectives of the European Commission/Council of Europe Joint Initiative with Turkey to enhance the ability of the Turkish authorities to implement the National Programme for the adoption of the Community acquis (NPAA) in the accession partnership priority area of democratisation and human rights

The project's overall objective was to enhance the ability of the Turkish authorities to implement the National Programme for the adoption of the Community acquis (NPAA) in the Accession Partnership priority area of human rights and democratisation.

This was achieved by:

- developing training capacities on ECHR case-law standards: devising and implementing short- and long- term strategies on the rule of law and ECHR case-law for judges, prosecutors and lawyers;

- promoting awareness-raising on human rights standards;

- providing legal expertise on draft laws aimed at aligning the national rule of law and human rights framework with European standards.

The following specific objectives were pursued:

1.Devising and implementing short- and long-term training strategies on rule of law and ECHR case-law for judges, prosecutors and public officials;

2.Creating and launching a comprehensive campaign to increase awareness and understanding of human rights among the public at large;

3.Aligning the normative framework and its implementation, in conformity with European standards, in the following areas: judiciary, criminal norms, civil norms, data protection, protection of human rights, freedom of media and expression, democratic institutions

As regards the results achieved so far, the project produced a methodology and a pool of 225 trainers on the ECHR – all judges and prosecutors, subsequently used by the Ministry of Justice to train 9000 judges across Turkey (April to July 2004). A first attempt was also made to increase knowledge of the ECHR case-law and mechanism among legal practitioners by organising four regional training sessions for lawyers. Furthermore, a three-day study visit to Strasbourg for 25 judges and prosecutors who were trained in the framework of the Joint Initiative took place in September 2004 and an initial evaluation of the results of the project was carried out on this occasion.

As regards the Human Rights awareness raising campaigns, the project offered a valuable opportunity to the Human Rights Presidency to publicise its activities, develop contacts and trust among NGOs, and engage in discussion with the Chairmen of the 931 Human Rights Councils from throughout Turkey's 81 regions. The project also provided an opportunity for enhanced contacts and exchanges of views in civil society circles"

As regards the support given to legislative reform, the project completed expert studies of the draft criminal code and the draft code of criminal procedure, and held two expert meetings to discuss the draft criminal code, including with the Turkish parliament. Expert studies of legislation governing enforcement of sentences, family courts, associations, assembly and demonstrations and the press were also prepared.

Appendix 3 to Interim Resolution ResDH(2005)43

Judgments concerning violations of the Convention by the Turkish security forces pending before the Committee of Ministers for control of execution (general measures)

(cases concerning the events which took place outside of the state of emergency region are highlighted in italics)

1.Violation of the right to life (Article 2):

Kaya (22729/93), judgment of 19/02/98, violations of Articles 2 (lack of effective investigation) and 13

Yaşa (22495/93), judgment of 02/09/98, violations of Articles 2 (lack of effective investigation) and 13

Tanrıkulu (23763/94), judgment of 08/07/99, violations of Articles 2 (lack of effective investigation), 13 and former 25

Mahmut Kaya (22535/93), judgment of 28/03/00, violations of Articles 2 (failure to protect the right to life and lack of effective investigation), 3 (in respect of the applicant) and 13

Kılıç (22492/93), judgment of 28/03/00, violations of Articles 2 (failure to protect the right to life and lack of effective investigation) and 13

Akkoç (22947/93), judgment of 10/10/00, violations of Articles 2 (failure to protect the right to life and lack of effective investigation), 3 (in respect of the torture inflicted on the applicant), 13, former 25

Şemsi Önen (22876/93), judgment of 14/05/02, violations of Articles 2 (lack of effective investigation) and 13

Ülkü Ekinci (27602/95), judgment of 16/07/02, violations of Articles 2 (lack of effective investigation) and 13

Tepe (27244/95), judgment of 09/05/03, violations of Articles 2 (lack of effective investigation), 13 and 38

Tahsin Acar (26307/95), judgment of 08/04/04, violations of Articles 2 (the applicant's brother disappeared, presumed death – lack of effective investigation) and 38

Tekdağ (27699/95), judgment of 15/01/04, violations of Articles 2 (lack of effective investigation), 13 and 38

Nuray Şen (no. 2) (25354/94), judgment of 30/03/04, violations of Articles 2 (lack of effective investigation) and 13

Erkek (28637/95), judgment of 13/07/04, violation of Article 2 (lack of effective investigation)

Çakıcı (23657/94), judgment of 08/07/99, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the applicant's brother), 5, 13 and former 25

Ertak (20764/92), judgment of 09/05/00, violations of Article 2 (death attributable to the State and lack of effective investigation)

Timurtaş (23531/94), judgment of 13/06/00, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the applicant), 5 and 13

Taş (24396/94), judgment of 14/11/00, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the applicant), 5 §§ 1, 3, 4 and 5 and 13

Akdeniz and Others (23954/94), judgment of 31/05/01, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the ill-treatment inflicted on the applicant), 5, 13 and former 25

Çiçek (25704/94), judgment of 27/02/01, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the applicant), 5 and 13

İrfan Bilgin (25659/94), judgment of 17/07/01, violations of Articles 2 (death attributable to the State and lack of effective investigation), 5 and 13

Avşar (25657/94), judgment of 10/07/01, violations of 2 (death attributable to the State and lack of effective investigation) and 13

Orhan (25656/94), judgment of 18/06/02, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the applicant), 5, 8, Art 1 P1 (destruction of home and property) and 13

Aktaş (24351/95), judgment of 24/04/03, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the treatment inflicted on the applicant's brother and lack of effective investigation) and 13

İpek (25760/94), judgment of 17/02/04, violations of Articles 2 (death attributable to the State and lack of effective investigation), 3 (in respect of the applicant), 5, Art 1 P1 (destruction of home and property), 13 and former 38

Güleç (21593/93), judgment of 27/07/98, violation of Article 2 (disproportionate use of force and lack of effective investigation)

Ergi (23818/94), judgment of 28/07/98, violations of Articles 2 (failure to protect civilians in the planning and conduct of a military operation and lack of effective investigation) and 13

Oğur (21594/93), judgment of 20/05/99, violation of Article 2 (use of force was not necessary and proportionate and lack of effective investigation)

Gül (22676/93), judgement of 14/12/00, violations of 2 (use of force not absolutely necessary and lack of effective investigation) and 13

Salman (21986/93), judgment 27/06/00, violations of 2 (death in custody and lack of effective investigation), 3 (in respect of the torture inflicted on the applicant's husband), 13 and former 25

Demiray (27308/95), judgment of 21/11/00, violations of Articles 2 (death attributable to the State and lack of effective investigation) and former 25

Tanlı (26129/95), judgment of 10/04/01, violations of Articles 2 (death attributable to the State and lack of effective investigation) and 13

Abdurraham Orak (31889/96), judgment of 14/02/02, violations Articles 2 (death attributable to the State and lack of effective investigation), 3 (torture inflicted on the applicant's son) and 13

Özalp and others (32457/96), judgment of 08/04/04, violations of Articles 2 (death attributable to the State and lack of effective investigation) and 13

A. and others (30015/96), judgment of 27/07/2004, violations of Articles 2 (death in custody and lack of effective investigation), 3 and 13

Buldan (28298/95), judgment of 20/04/2004, violations of Articles 2 (lack of effective investigation) and 13

E.O (28497/95), judgment of 15/07/2004, violation of Article 2 (lack of effective investigation)

İkincisoy A. and H. (26144/95), judgment of 27/07/2004, violations of Articles 2 (death attributable to the State and lack of effective investigation), 5§§ 3 and 4, 13 and 34

Özkan Ahmet and Others (21689/93), judgment of 06/04/2004, violations of Articles 2 (failure to protect the right to life and lack of effective investigation), 3 (ill-treatment and lack of effective investigation), 5 §§ 1 and 3 and 8 (destruction of property)

Şirin Yılmaz (35875/97), judgment of 29/07/2004, violations of Articles 2 (lack of effective investigation) and 13

Zengin Gülli (46928/99), judgment of 28/10/2004, violations of Articles 2 (lack of effective investigation) and 13

2.Violation of the right not to be subjected to torture or to inhuman or degrading treatment (Article 3)

Aksoy (21987/93), judgment of 18/12/96, violations of Articles 3, 5§3 and 13

Aydın (23178/94), judgment of 27/09/97, violations of Articles 3 and 13

Tekin (22496/93), judgment of 09/06/98, violations of Articles 3 and 13

İlhan (22277/93), judgment of 27/06/00, violations of Articles 3 and 13

Dikme (20869/92), judgment of 11/07/00, violations of Articles 3 and 5 § 3

Veznedaroğlu (32357/96), judgment of 11/04/00, violation of Article 3 (lack of effective investigation)

Satık and others (31866/96), judgment of 10/10/00, violation of Article 3

Büyükdağ (28340/95), judgment of 21/12/01, violations of Articles 3, 6 and 13

Altay (22279/93), judgement of 22/05/01, violations of Articles 3, 5 § 3 and 6

Berktay (22493/93), judgment of 01/03/01, violations of Articles 3 and 5 § 1

Algür (32574/96), judgment of 22/10/02, violations of Articles 3 and 6 § 1

Güneş (28490/95), judgment of 19/06/03, violations of Articles 3, 6 §§ 1 and 3 (d)

Ayşe Tepe (29422/95), judgment of 22/07/03, violations of Articles 3 and 5 § 3

Esen (29484/95), judgment of 22/07/03, violation of Article 3

Yaz (29485/95), judgment of 22/07/03, violation of Article 3

Elçi and others (23145/93), judgment of 13/11/03, violations of Articles 3, 5 § 1 and 8

Çolak (32578/96), judgment of 08/01/04, violation of Article 3

Önder (28520/95), judgment of 08/01/04, violation of Article 3 (lack of effective investigation)

Aydın and Yunus (32572/96), judgment of 22/06/04, violation of Article 3

Bakbak (39812/98), judgment of 01/06/04, violation of Article 3

Yüksel Mehmet Emin (40154/98), judgment of 20/07/2004, violations of Articles 3 and 13

Tuncer and Durmuş (30494/96), judgment of 02/11/2004, violations of Articles 3 and 5 § 1

Çelik and İmret (44093/98), judgment of 26/10/2004, violations of Articles 3 and 13

Kurt (24276/94), judgment of 25/05/98, violations of Articles 3, 5 and 13 and former Article 25

3.Violations of the right to respect for the applicants' home (Article 8) and/or of the right property (Article 1 of Protocol No. 1):

Akdıvar and others (21893/93), judgment of 16/09/96 (merits), violations of Articles 8, Art 1 P1 and former 25

Selçuk (23184/94), judgment of 24/04/98, violations of Articles 3, 8, Art1 P1 and 13

Bilgin (23819/94), judgment of 16/11/00, violations of Articles 8, Art 1 P1, 3, 13 and former 25

Dulaş (25801/94), judgment of 30/01/01, violations of Articles 8, Art 1 P1, 3 and 13

Yöyler (26973/95), judgment of 24/07/03, violations of Articles 8, Art 1 P1, 3 and 13

Ayder and others (23656/94), judgment of 08/01/04, violations of Articles 8, Art 1 P1, 3 and 13

Altun (24561/94), judgment of 01/06/04, violations of Articles 8, Art 1 P1, 3 and 13

4.Violations exclusively of the right to a tribunal or to an effective remedy against abuses (Articles 6 and 13)

Çetin and others (22677/93), judgment of 26/11/96, violation of Article 6 (no access to a tribunal to claim civil rights)

Menteş and others (23186/94), judgment of 28/11/97, violations of Articles 6 and 13

Yılmaz and others (23179/94), violation of Article13

[1] Recommendation Rec(2000)2 on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights;

Recommendation Rec(2002)13 on the publication and dissemination in the Member States of the text of the European Convention on Human Rights and of the case-law of the European Court of Human Rights;

Recommendation Rec(2004)4 on the European Convention on Human Rights in university education and professional training;

Recommendation Rec(2004)5 on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights;

Recommendation Rec(2004)6 on the improvement of domestic remedies;

[2] “Council of Europe/European Commission Joint Initiative with Turkey: to enhance the ability of the Turkish authorities to implement the National Programme for the adoption of the Community acquis (NPAA) in the accession partnership priority area of democratisation and human rights”.

Full & Egal Universal Law Academy