Continued cases of suspended trials and sentences for torture and ill-treatment by police [ID 14437]

"The 11 January reform package ended the possibility of prison sentences handed down for torture and ill-treatment by police being suspended or converted to fines. The new law was not applied retrospectively. As a result, trials and sentences in such cases continued to be suspended, sometimes on the basis of previous laws.

On 18 February the trial of Süleyman Ulusoy (known as "the Hose"), a police superintendent, was suspended under the terms of the December 2000 "amnesty law" (Law No. 4616 on Conditional Suspension of Trials and Sentences for Offences Committed up until April 1999). A videotape showing him beating transvestites with a hosepipe in the Beyoğlu police headquarters in Istanbul had been broadcast on television in 2000. He remained on duty in Istanbul.
Two police officers convicted of ill-treating Veli Kaya, a student taking part in a demonstration on 6 November 2002, received a six-month suspended prison sentence in June. The rescue of Veli Kaya by members of the public from a depot beneath a branch of the Şeker Bank in Ankara where he was beaten by police had been broadcast on television. The case was referred to the Supreme Court.
The 11 January reforms also removed the requirement to secure permission from a senior official to investigate allegations of torture or ill-treatment by police. This reform was sometimes ignored.

Ali Ulvi Uludoğan and his brother İlhan Uludoğan were detained on 25 May for driving through a red traffic light in the Kulu district of Konya province. They were reportedly beaten, kicked and subjected to verbal sexual harassment in detention in Kulu police station. In contravention of the 11 January reforms, the Kulu kaymakam (local state official) on 8 August decided not to allow an investigation of the alleged torture and ill-treatment.
The 7 August reform package stipulated that trials relating to cases of torture and ill-treatment should be prioritized. Despite this, the ratio of prosecutions of members of the security forces in relation to the number of reports of torture and ill-treatment remained extremely low.

The trial of the police officers charged with torturing two women – Fatma Deniz Polattaş and 16-year-old N.C.S. – in İskenderun police headquarters in March 1999 was repeatedly delayed because of the Forensic Institute's two-year failure to supply medical reports detailing their torture.
In a few cases, steps were taken to hold to account perpetrators of human rights violations.

In the final stage of the "Manisa Youths" case, the Court of Appeal on 4 April approved the prison sentences ranging from five to 11 years of 10 police officers found guilty of torturing 16 young people in December 1995. The high-profile case almost exceeded the statute of limitations, grounds on which less well-known cases faced collapse.
On 22 September, Adil Serdar Saçan, former head of the Istanbul Organized Crime Branch, was reportedly discharged from the police force by the Interior Ministry for ignoring torture committed under his authority. The prosecutor's indictment also detailed incidents of torture committed by him personally. This was a landmark ruling."

28.05.2008 - Source: Amnesty International

Impunity for human rights violations by law enforcement officials ("Annual Report 2008") [ID 23435]

"Investigations into human rights violations perpetrated by law enforcement officials remained flawed and there were insufficient prosecutions. Official human rights mechanisms remained ineffective. In June, parliament amended the Law on the Powers and Duties of the Police, giving police further powers to use lethal force by allowing them to shoot escaping suspects if they ignore a warning to stop.

- In April, all four police officers tried for killing Ahmet Kaymaz and his 12-year-old son Uður outside their home were acquitted. The officers said that the deaths were the result of an armed clash, but forensic reports showed that both victims had been shot at close range several times.
- The conviction was overturned of two military police officers and an informer found guilty of the 2005 bombing of a bookshop in the south-east town of Þemdinli in which one person was killed and others were injured. The retrial was heard by a military court. At the first hearing in December, the two military police officers were released to resume their duties.
- In November, 10 police officers were found not guilty of the torture of two women in Istanbul police custody in 2002. The two women, “Y” and “C”, reportedly suffered torture including beatings, being stripped naked and then sprayed with cold water from a high pressure hose, and attempted rape. The verdicts followed a new medical report requested by the defendants that did not show “definite evidence that the crime of torture had been committed”. "

Document(s): Open document

31.01.2008 - Source: Human Rights Watch

Impunity for members of security forces ("World Report 2008") [ID 23473]

"Turkish courts are notoriously lenient towards members of the security forces who are charged with abuse or misconduct, contributing to impunity and the persistence of torture and the resort to lethal force. Many allegations of torture or killings in disputed circumstances never reach the courts and are not investigated. Some controversial court rulings in the first half of 2007 stand out. In May the Court of Cassation quashed the 39-year sentences of two gendarmerie intelligence officers for the November 2005 bombing of a bookshop in the southeastern town of Şemdinli that resulted in one death. This bombing was widely condemned by human rights groups in Turkey as evidence of a resort to lawlessness in the name of counterterrorism. Controversially the court ruled that the crime had been committed in the course of a counterterrorism operation and that the defendants should be retried in a military court. The decision is on appeal.  
 
In April a court in Eskişehir acquitted four police officers for the killing of Ahmet and Uğur Kaymaz, in November 2004 in the southeast town of Kızıltepe. The court ignored substantial forensic evidence demonstrating that the father and son may have been the victims of a summary execution. The case is on appeal.  
 
There was no progress in the investigation into the widespread allegations of police torture following arrests during violent protests in March 2006 in Diyarbakır, into the deaths of 10 demonstrators (eight shot dead) during the protests. "

Document(s): Open document

04.05.2006 - Source: BBC News

Trial starts against 2 military policemen charged with attack on shop owned by supporter of the Kurdistan Workers Party (PKK) where one man was killed and another injured; officers were part of an execution squad, says prosecution ("Police on trial for Kurd attack") [ID 15696]

Document(s): Dokument

12.04.2006 - Source: Reporters Sans Frontières

Journalist der linken Zeitung Devrimici Demokrasi (Revolutionäre Demokratie) von Ärzten für hirntot erklärt, nachdem er am 30. März 2006 in südöstlicher Stadt Diyarbakir von Polizei angeschossen wurde, die Feuer auf Demonstranten eröffnete ("Journalist brain-dead from gunshot wound received when police fired on demonstrators") [#49312],  [ID 15600]

Document(s): Open document

08.03.2006 - Source: US Department of State

Unlawful killings by the Turkish police ("Country Report on Human Rights Practices 2005") [#46152],  [ID 14424]

"At year's end there was no result in the DNA analysis of the remains of 11 persons discovered near the town of Kulp, Diyarbakir Province, in late 2004. Local residents said they believed the remains were those of 11 persons who disappeared after being detained by police in 1993.


The trial of four police officers charged with the November 2004 unlawful killing of Ahmet Kaymaz and his son Ugur was ongoing at year's end. The four defendants reportedly returned to duty and were assigned to different provinces.


Proceedings continued in the trial of three police officers charged in connection with the shooting of Siar Perincek in Adana in May 2004.


In October a Hakkari court convicted Jandarma official Murat Sener of using excessive force in the 2004 killing of Fevzi Can. The court sentenced Sener to a 16-month prison term but postponed the sentence. The ruling was under appeal at year's end.


According to the government, four persons died while in police custody through November: three deaths were recorded as suicides and one as a homicide. Authorities were investigating the deaths at year's end.


According to the HRF, landmines and unattended explosives killed 19 civilians and injured 49 during the year. Both security forces and the PKK used landmines.


According to the government, 34 civilians, 100 members of the security forces, and 160 terrorists were killed in armed clashes during the year through November. Most of the clashes occurred in the southeast."

Document(s): Open document

06.03.2006 - Source: Human Rights Watch

Report on new programme to eradicate torture, in which provincial human rights bodies monitor local police stations (current situation in police stations, monitoring not yet consistent and countrywide, effectiveness of board visits, independence of police station visiting delegations) ("Turkey: First Steps Toward Independent Monitoring of Police Stations and Gendarmeries") [#45789],  [ID 14425]

Document(s): Open document

15.02.2006 - Source: Reporters Sans Frontières

Woman reporter, Aliye Cetinkaya, of the daily Sabah attacked during protests against publication of cartoons of Muhammad in the European press; police doesn't intervene ("Police fail to stop attack on female journalist during anti-cartoons demonstration") [#44501],  [ID 14426]

Document(s): Open document

18.11.2005 - Source: Human Rights Watch

Police have repeatedly used disproportionate and lethal force against unarmed demonstrators in the past year; government has taken no action to punish them so far ("Turkey: Police Killings Follow Attack on Bookstore") [#39856],  [ID 14427]

Document(s): Open document

10.2005 - Source: UK Border Agency (Home Office)

Police ("Country Report - October 2005") [#40563],  [ID 14428]

"5.94 The USSD 2004 reported: “The Turkish National Police (TNP), under Interior Ministry control, are responsible for security in large urban areas…There were allegations of police corruption.” [5c] (Section 1d)

5.95 The Netherlands Ministry of Foreign Affairs 2002 reported that “The sphere of operation of the police, coming under the Ministry of the interior, is confined to urban areas. For all cases involving political offences, with or without violence, each local police force has a special anti-terrorist section (Terörle Mücadele Şubesi). There are also mobile units, known in Turkish as Çevik Kuvvet (flying squad), to deal with demonstrations and disturbances of public order.” [2a] (p20)

5.96 The USSD 2004 also reported that “The TNP and Jandarma were effective and received specialized training in a number of areas, including human rights and counter-terrorism. Both police and Jandarma received human rights training.” [5c] (Section 1d)"

Document(s): Open document

22.04.2005 - Source: Amnesty International

4 police officers acquitted of torture and rape of 2 teenage girls after massively delayed and grossly inadequate investigation and trial ("Justice denied to tortured teenage girls") [#31511],  [ID 14430]

Document(s): Open document

21.04.2005 - Source: Amnesty International

Increasing risk that charges against police officers accused of torture and rape of 2 teenagers in detention will be dropped because of repeated delays in trial ("Protecting the torturers?") [#31484],  [ID 14431]

Document(s): Open document

10.03.2005 - Source: BBC News

Istanbul: women protesters at a Women's Day rally, beaten by police ("MEPs slam 'brutal' Turkish police") [#30021],  [ID 14429]

Document(s): Open document

15.02.2005 - Source: Amnesty International

Lawyer threatened repeatedly by a local military commander, apparently as a result of his work as a human rights defender ("Turkey - UA 36/05") [#29079],  [ID 14432]

Document(s): Open document
Open document

16.11.2004 - Source: Amnesty International

Developments in the trials of police officers charged in connection with the torture and subsequent death in custody of trade unionist showed, that torturers enjoy impunity despite recent legal reforms ("Insufficient and inadequate -- judicial remedies against torturers and killers") [#27038],  [ID 14433]

Document(s): Open document

06.10.2004 - Source: European Commission

Fight against impunity ("Regular Report 2004 on Turkey´s progress towards accession") [#26161],  [ID 14434]

"As regards the fight against impunity, according to official statistics, of 2 454 law enforcement agents who were tried in 2003 in relation to allegations of torture or illtreatment, 1 357 were acquitted and of the 854 defendants that were convicted, 138 were imprisoned. In February 2004, the Minister of the Interior issued a circular aimed at ensuring the attendance of the accused at trials concerning torture or ill-treatment. In some cases, defendants had been able to avoid attending trial for many years, thus causing their cases to exceed the statute of limitation. Concerns remain that despite reforms prosecutors are not always promptly and adequately conducting investigations against public officials accused of torture.

In July 2004 the Court of Cassation overruled a judgement concerning the prison sentence given in 2002 to four policemen found guilty of torture on the grounds that the sanction (11 months and 20 days suspended prison sentence) did not adequately reflect the gravity of the offence. Further to this decision a retrial of these policemen will take place."

Document(s): Open document

07.07.2004 - Source: World Organisation Against Torture

Women at particular risk of being subjected to sexual torture ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 14435]

"Women in Turkey are particularly at risk of being subjected to sexual torture. Forms of torture inflicted upon women include electro-shocks to the genitals, standing for long periods of time, being forced to strip and stand naked in front of male guards, forced virginity tests, beatings targeting the genitals and breasts, use of high-pressure water hoses, and sexual abuse including rape and threats of rape. Moreover, threats of rape are often compounded by police taunts that rape will deprive women of their virginity and their honour.
These kinds of torture and ill-treatment of women are part of the broader context of widespread and systematic use of torture or other cruel, inhuman or degrading treatment or punishment by the police and gendarmes in Turkey. [...]"

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Impunity for serious human rights abuses remains grave problem ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 14436]

"Impunity for serious human rights abuses including torture and illtreatment remains a grave problem in Turkey. In an effort to address this problem the Turkish legislature, on 2 December 1999, reformed the Law on Accountability of Civil Servants and other Public Employees.
The old law dating back to the Ottoman period was designed to provide certain immunities to civil servants acting in their official capacity by granting local administrative boards, appointed by provincial governors, the authority to decide whether to prosecute a member of the security forces. The present law unfortunately does not go far enough in curbing impunity and according to UN and Council of Europe experts it continues to perpetuate the “institutional impunity extended to security forces or public employees in cases of crimes committed in connection with their duties.” [...]"

Document(s): Introduction and Contents
Cover Turkey

19.05.2004 - Source: Amnesty International

Southeast Turkey: 12-year-old and members of her family have reportedly been receiving threats since she lodged a complaint that she had been severely beaten by police officers in Diyarbakir ("Turkey - UA 177/04") [#22579],  [ID 14438]

Document(s): Open document
Open document

28.04.2004 - Source: Human Rights Watch

Police violence and local government restrictions are undermining freedom of assembly and the reform process ("Turkey: Curbs on Assembly Undermine EU Bid") [#21659],  [ID 14439]

Document(s): Open document

30.03.2004 - Source: Reporters Sans Frontières

9 journalists who were covering the crushing of a demonstration against fraud in local elections in south-eastern Diyarbakir, beaten by police ("Police brutally beat nine journalists") [#20886],  [ID 14440]

Document(s): Open document

25.02.2004 - Source: US Department of State

Investigation, prosecution, and punishment of security forces for torture rare ("Country Reports on Human Rights Practices - 2003") [#19741],  [ID 14441]

"The investigation, prosecution, and punishment of members of the security forces for torture or other mistreatment was rare, and accused officers usually remained on duty pending a decision, which could take years [...]"

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Report focused on torture and inhuman and degrading treatment or punishment in selected Osce states ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377],  [ID 14442]

"Women held in custody -- especially if they are of Kurdish origin -- are frequently subjected to rape and other sexual abuse. As Turkish law does not define penetration with objects other than a penis as rape, such practices are carried out with impunity. Another common practice is to strip a victim naked during interrogation, or to subject a woman to sexual violence in the presence of her husband or other family members in order to force the family member to confess. [...]

The January 2003 “harmonization package” included provisions preventing Turkish courts from suspending the prison sentences of those convicted of inflicting torture. The parliament also approved measures stipulating that these prison sentences could no longer be commuted to fines. The amendments incorporated measures obliging the judiciary to hear the statements of defendants and detainees before they reach a verdict on the case before them, as well as provisions detailing that, upon entering and leaving prison, defendants and detainees should be subject to medical examinations about which reports must then be written.

Despite the formal measures taken to prevent torture and ill-treatment, the climate of impunity remains. Prosecutors are reluctant to file charges against alleged torturers, and many torturers who “have not been found” are able to continue their police careers. The burden of proof lies on the victims, and the slow pace of judicial proceedings easily ends up in unresolved cases due to the statute of limitations.

• A case against ten police officers accused of torturing 16 juveniles in detention in Manisa started in 1996, but due to the non-appearance of defendants at the trials, and because the lawyers of some of the defendants withdrew from the trial, the progress was very slow. Only in April 2003, three months before the statute of limitation would have expired the proceedings, the Court of Cassation confirmed the prison sentences given to the police officers. The prison terms ranged from five years to ten year and ten months."

Document(s): Open document

16.10.2002 - Source: BBC News

7 years after 15 teenagers were arrested by police as they put up political posters in the town of Manisa, the policemen who tortured them were sentenced to jail ("Turkish policemen jailed for torture") [#9158],  [ID 14443]

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: The third “reform package” of August 2002 amended the Law on the Duties and Competencies of the Police ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 14444]

"The third “reform package” of August 2002 amended the Law on the Duties and Competencies of the Police. It provided for some safeguards against possible abuses by the police by limiting their discretionary authority. This was confirmed in September through an amendment to the 1998 Regulation on Apprehension, Police Custody and Interrogation. However, a decision of the Public Prosecutor is still required before relatives of an apprehended person can be informed of an apprehension. Detainees falling under the scope of the State Security Courts are still denied the right to benefit from free legal assistance and to have a lawyer present during statement taking procedures. The possibility remains for performing medical examinations to detainees in the presence of the police.
The amendment to the Law on the Duties and Competencies of the Police also permitted the police to close down public Internet cafés and other places where Internet can be accessed."

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: Impunity ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 14445]

"Sentences passed on those found guilty of torture or ill-treatment are often light, and frequently converted into fines or suspended. Administrative authorisation is required to prosecute public officials. For example, it has been widely reported that police officers in Diyarbakir were not prosecuted for having allegedly tortured Mr Hasan Irmak, despite forensic reports showing evidence of torture.
Court cases are often prolonged, with many ending unresolved as they exceed the statute of limitations. This can also result from a failure to carry out sentences within a certain period of time, or excessively lengthy court cases. An example can be seen in the case against ten police officers accused of torturing 16 young people in Manisa (Western Anatolia). The case has been open since 1996, but due to the non-appearance of defendants at the trials, and because the lawyers of some of the defendants withdrew from the trial, no progress has been made to date. The statute of limitations will apply to this case in June 2003.
A case concerning the alleged torture of Ms Gülderen Baran, which had started in 1996 against five police officers accused of torture, ended without a judgement. As referred to above, in July the Committee of Ministers of the Council of Europe adopted an Interim Resolution regarding Turkey’s compliance with some 40 judgements of the ECtHR delivered between 1996 and 2002. These judgements relate to violations of the ECHR committed by the Turkish security forces. The Committee recalled that the fight against terrorism should be conducted in full respect of human rights. Whilst welcoming Turkey’s recent efforts in adopting reforms, it expressed concern at the continued allegations of torture and ill-treatment and stressed the need for further measures to be taken to prevent abuses. The Committee called on Turkey to further improve police and gendarmerie education and training, and to establish effective deterrent sanctions against abuses.
An amendment brought by the second “reform package” to Article 13 of the Civil Servants Law makes civil servants, found guilty of torture or ill-treatment, liable to pay the compensation stipulated by the ECtHR themselves. The deterrent effect of this measure remains to be confirmed."

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: Sphere of operation of the police is confined to urban areas ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991],  [ID 14446]

"The sphere of operation of the police, coming under the Ministry of the Interior, is confined to urban areas. For all cases involving political offences, with or without violence, each local police has a special anti-terror section (Terörle Mücadele Subesi). There are also mobile units, known in Turkish as Çevik Kuvvet (flying squad), to deal with demonstrations and disturbances of public order."

Document(s): Open document

14.12.2001 - Source: Amnesty International

Report focused on torture, intimidation and the problem of impunity in Turkey ("Combatting impunity: the role of effective documentation of torture") [#5059],  [ID 14448]

Document(s): Open document

08.11.2001 - Source: Amnesty International

Report focused on widespread torture and the problem of impunity ("Turkey: An end to torture and impunity is overdue!") [#4578],  [ID 14449]

Document(s): Open document

30.08.2001 - Source: Council of the European Union

United Kingdom delegation to CIREA: Prosecutions of security force members for torture, sexual assault, and unlawful killings blocked by the 1999 law on the prosecution of civil servants and other public employees ("Note from the United Kingdom delegation to CIREA: Report on the fact-finding mission to Turkey Rf: 11498/01") [#8473],  [ID 14450]

"Police officers who resorted to ill-treatment and torture were rarely brought before justice. Furthermore, the 1999 law on the prosecution of civil servants and other public employees gave the local governor the power to block the prosecutions of security force members for torture, sexual assault, and unlawful killings. In contrast, victims were often charged with insulting the police, security forces or the army. The December 2000 amnesty law allowed the suspension of investigations and trials against officers accused of ill-treatment. It appeared that for this reason most perpetrators who faced criminal proceedings were charged with ill-treatment and not with torture, as the amnesty law did not cover those sentenced for torture."

Document(s): Open document