Use of torture and inhuman treatment of women in prisons in Turkey, response from the Committee.

Parliamentary Questions

WRITTEN QUESTION P-1680/03

Submission: Anna Karamanou (PSE) to the Commission.

(12 May 2003)

P-1680/03EL

Answer from Mr. Verheugen.

on behalf of the Commission

(10.6.2003)

The Commission is aware of the problems in Turkey regarding torture (which mainly occurs during the pre-trial detention stage), violence against women, and detention conditions. In its 2002 Regular Report on Turkey [1], the Commission highlighted the main issues in this area. The revised Accession Partnership with Turkey, which was recently approved, defines the priority areas for addressing these specific problems.

Among the priorities is the necessity to implement measures to combat torture, in accordance with Article 3 of the European Convention on Human Rights and the recommendations of the European Committee for the Prevention of Torture. It also includes the need to establish additional measures to ensure the timely and effective investigation of cases by prosecutors, as well as the imposition of appropriate sanctions by courts on those convicted of abuses. Regarding detention conditions, the Accession Partnership highlights that Turkey must ensure in practice the right of detainees and prisoners to communicate privately with their lawyer and to notify their relatives from the moment of pre-trial detention, in accordance with the European Convention on Human Rights. Additionally, Turkey has been asked to continue efforts to ensure that conditions in prisons align with the standards applicable in EU member states.

As recognized within the framework of these priorities, the Commission notes that although some progress has been made, significant improvements are still required regarding the implementation of legislation. Recent reports by the United Nations Committee Against Torture, Amnesty International, and the World Organization Against Torture (OMCT) indicate that torture during the pre-trial detention stage, including the use of sexual and physical violence against women, continues to be a major problem in Turkey.

However, the Commission points out that Turkey has made significant progress in the area of legal reforms to combat torture. Specifically, Turkey has removed the requirement for permission from a senior official to initiate an investigation into a police officer accused of torture; prison sentences for torture can no longer be converted into fines, suspension of the accused officer, or any other measure. Finally, those accused under the jurisdiction of the State Security Courts—like all other accused persons—now have the right to access legal services from the moment of pretrial detention.

Turkey, as a candidate country, must fulfill the Copenhagen political criteria. As part of these criteria, it is necessary to put an end to all forms of torture and to ensure the full exercise of human rights and fundamental freedoms in accordance with the Charter of Fundamental Rights of the European Union, as well as the international and European instruments to which Turkey is a party. The Commission will continuously monitor any developments regarding allegations of torture in Turkey, as well as the implementation of the aforementioned legislation.

[1] COM (2002) 700 final