Closing conference "Improving the Effectiveness of Investigation of Allegations of Ill-treatment and Combatting Impunity in Turkey"

3 May 2019, Ankara

Dear Deputy Minister,

Dear Ambassador,

Honorable representatives of high judicial bodies and institutions in Turkey; Distinguished guests,

Ladies and gentlemen,

I am very pleased and honoured to be in Ankara on the occasion of this conference marking the end of an important human rights project implemented by Council of Europe and the Ministry of Justice of Turkey. A joint effort to Improve the Effectiveness of Investigation of Allegations of Ill-treatment.

I would like to express my gratitude to the main partner of this important project – the Department of Human Rights within the Ministry of Justice. I would like to thank the Department for its initiative, full cooperation and support in this joint venture. I would also like to express my gratitude to the Human Rights Trust Fund, the Fund’s Donors and more particularly to the main donor – Denmark – who made this project and this conference possible through their generous financial support.

In February 2018 in this same venue, on the occasion of the launch of this project, my colleague Ms Genevieve Mayer, then Head of Department of Execution of Judgments of the European Court of Human Rights emphasized that the “Council of Europe’s role is to support member States in their efforts to execute Court’s judgments and to create or reinforce effective mechanisms to fight ill-treatment and impunity”.

At that time the focus was on the project’s expected results; today we have gathered to speak about its concrete achievements.

Project’s synergy with the Informal Working Group

I have to underline that there is a good cooperation between the Council of Europe and Turkey at technical level regarding human rights protection. We support Turkish institutions through various cooperation activities, but also other means, including informal exchanges and discussions. I would like to mention in particular the Informal Working Group established between the Council of Europe and the Ministry of Justice of Turkey under the auspices of the Secretary General of the Council of Europe. Among other issues, the Working Group discussed the implementation of the Action Plan on the Prevention of Human Rights Violations in Turkey.

The project is a direct outcome of this Working Group and provided the opportunity to address very important issues concerning – the implementation of European Court’s judgments rendered against Turkey regarding the lack of effective investigations.

Reference to: Identified shortcomings and Positive development

One of the most important issues pending execution by Turkey and under supervision by the Committee of Ministers of the Council of Europe concerns violations of the right to life and the prohibition of ill-treatment. These cases concern ill-treatment and death caused by the actions of the security forces and police, including in the dispersal of peaceful protests, but also deaths caused through the negligence of state agents, such as doctors or civil servants, and by private persons in the context of domestic violence. Most of them have a common finding, namely the lack of effective investigations and the failure by the authorities to take appropriate action to punish the perpetrators.

I would recall in this context some of the shortcomings identified by the Court with respect to the ineffectiveness of domestic investigations or criminal proceedings:

• Lengthy investigations leading to timebarring of the prosecution and subsequent impunity;
• Inadequate assessment of medical reports drawn up at the time of the arrest;
• Failure to take disciplinary action against law enforcement officials resulting again in impunity;
• Use of more lenient sentences and/or subsequent suspension of sentence in favour of the perpetrators;
• The need to obtain an administrative authorisation[1] to prosecute members of security forces and other public servants, which still exists for the prosecution of some very serious crimes, such as the excessive use of force or death as a result of negligence. 

At the same time, I have to underline that some positive developments, including legislative amendments, have taken place in recent years in Turkey, notably:

• the lifting of prescription periods for crimes of torture and aggravated torture in 2013.
• increased sentences for abuses by members of security forces, in particular for torture and aggravated torture under the 2004 Criminal Code.
• The caselaw of the Constitutional Court of Turkey increasingly referring to the standards of the European Court and finding violations due to the lack of effective investigation for allegations of ill treatment.

I should also mention the recent closure of around 39 Turkish cases by the Committee of Ministers falling under the Oya Ataman group of cases, which concern deaths and injuries resulting from the disproportionate use of force by law enforcement officials while dispersing demonstrations and the ineffectiveness of investigations against law enforcement officers.[2] Pursuant to the Committee of Ministers’ policy of closing repetitive cases where no further individual measures are possible, these cases were closed because any possibility to bring a prosecution had become time-barred. This illustrates the important need to take further general measures to ensure that investigations are carried out efficiently and without delay.

Project’s achievements

Concerning the concrete results of the Project, I would highlight the following aspects:

• Inclusiveness and enhanced dialogue leading to concrete recommendations

The project’s outputs have been developed in an inclusive and consultative manner with all main beneficiaries and relevant stakeholder (judges and prosecutors, forensic doctors, law-enforcement officers, inspectorates, academics and also relevant civil society organisations), supported by national and international consultants. This process enabled:

• An open discussion and better understanding of shortcomings among stakeholders;
• Relevant proposals for improvements; both at legislative level and in judicial practice – I would like to refer in particular to the adoption of a Recommendation Paper where findings and proposed solutions are addressed.
• Enhanced ownership and sustainability of the results.

Exchange of knowledge under the training component (increased awareness and knowledge of the Court’s standards)

I would also like to highlight the highly successful training activities carried out under the project. Experienced judges and prosecutors have been enabled to conduct peer-to-peer training on the European Court’s standards and the case-law of the Constitutional Court of Turkey on the prohibition of ill treatment and effective investigations. Around 75 judges and prosecutors have been trained under the project, leading to increased knowledge and commitment for immediate application in their daily work.

I would like to encourage the Turkish authorities and training institution to continue using this training module after the project ends.

Council of Europe added value for Turkey

Before I conclude, let me stress that this project has taken place in a broader context of more than a decade of cooperation activities of the Council of Europe with Turkey.

I would highlight some figures which illustrate the intensity of the efforts deployed to strengthen the capacity of the judiciary to better apply the European Convention of Human Rights with respect to effective investigations into ill-treatment allegations.

• Firstly, under joint project on the Criminal Justice System implemented with the Ministry of Justice between 2012 and 2014, around 1200 judges and prosecutors have been trained on different topics, including effective investigations. The project has also supported some legislative changes leading to improved safeguards such as the use of video conferencing enabling arrested suspects to be heard by the competent judge before a decision is taken on pretrial detention.
• Secondly, together with the Constitutional Court, around 2300 judges and prosecutors are trained on different human rights topics and around 600 of them on the topic of prohibition of torture and ill treatment.

Training is indeed one of the key tools to increase the knowledge and skills of members of the judiciary to better apply the standards of the European Court and we will continue to support activities to this end, while paying particular attention to assessing the impact of those trainings towards better quality of judgments.

Concluding remarks

Ladies and gentlemen,

Today we are gathered here to talk about the results of the project, the results achieved by Turkey to better safeguard humans’ integrity and dignity.

The prohibition of torture and ill treatment is absolute and cannot be derogated in any circumstances. Member States of the Council of Europe have a duty to ensure that these fundamental principles are effectively implemented and respected.

            I encourage the Ministry of Justice to use the project’s results, both its recommendations and trainings, as a tool to further support the implementation of the “Action Plan to prevent Human Rights Violations”. The identification of gaps in the legislation and practice should serve for taking further concrete steps in the field of criminal justice.

 I am confident that the cooperative spirit and mutual understanding which prevailed throughout the implementation of the project will bear fruits not only for our institutions but above all, and more importantly, for the people of Turkey.

Thank you!