| Türkiye’nin olağanüstü ve tam yetkili Büyükelçisi, Birleşmiş
Milletler ve Uluslararası Organizasyonlar Daimi Temsilcisi Murat Sıngar’ın 9 ağustos
1999 da Cenevre de BM İnsan Hakları Yüksek Komiserliğinde yaptığı
konuşmanın tam metni
Manual
on the Effective Investigation and Documentation of Torture
and
Other Cruel, Inhuman or Degrading Treatment or Punishment
(The
Istanbul Protocol)
Geneva,
August 9 1999, UNHCHR
Murat Sungar, Ambassador Extraordinary and
Plenipotentiary of Turkey, Permanent Representative to the United Nations Office and to
the International Organisations, Geneva
Mr. Chairman, it is indeed a pleasure for me to
participate in this important meeting with a most distinguished group of people who are
all educated to the cause of safeguarding human dignity and to the protection and
promotion of human rights.
The fact that this gathering takes place on a solemn
occasion for the launch of the UN Manual and Principles on the Effective
Documentation of Torture, which is also terms as Istanbul Protocol is an added
pleasure for me. Frankly, when I firstly received this invitation and looked at the
composition of the countries and/or other organizations that are participating, I thought
that perhaps we are invited here to be tortured while discussing torture. But when I had a
chance to look at the product which and certainly is a result of a tremendous work, I
reached to the conclusion that all who have contributed to this important task must be
congratulated and in my view, they have done a marvellous job.
It is also a satisfaction for me to see that the
Turkish civil society institutions which were in their infant stages a decade ago have now
become sophisticated enough to be invited to take part in a UN collective standard setting
work. And it is also, I have noted with pride that quit a number of Turkish NGO's have had
a helping hand in the preparation of this Manual.
The High Commissioner for Human Rights has expressed on
various occasions that no country is perfect in its human rights performance. Perfection
is still in our minds, yet so far away to be reflected in practice. Likewise, Turkey has
its own share in this material fact. We never deny that we have certain shortcomings in
our human rights performance. But I think conscientious observers should have noted that
particularly in the last five years, successive Turkish governments conscient of the
shortcomings in the area of human rights exhibited a strong political will to overcome
them. And I can in all frankness assure that this resolute stand is still valid.
One leading step taken in the direction to irradicate
torture and ill treatment in detention centres has been the promulgation of the new
regulation on apprehension police custody and interrogation which entered into force on
October 1st 1988. The new government which has taken up his functions in late
Mai 1999, three months ago, has submitted the following 4 amendment bills to the Grand
National Assembly on 5 July 1999:
These are, firstly, amendment bill on certain articles
of the Turkish Penal Code pertaining to the prevention of torture and ill treatment. These
amendment brings about a new definition to torture, increases the severity of punishment
foreseen for crimes of torture, as well as for health personal involved in fake forensic
reports with a view to concealing the existence of torture or ill treatment.
Secondly, amendment bill on criminal procedure codes.
This amendment strengthen the protection of witnesses, envisages pain compensation for and
the expenses of witnesses and brings about new provisions on physical examination and
genetic research.
Thirdly, the bill on the trial of government officers,
and if this bill adopted shall replace the present law, which is in force since 1913. It
will certainly facilitate investigations to be carried out against public officers.
And finally amendment bill on legal interest and
overdue debt interest, rearranges the legal interest raise in a more favorable way
for the individual in case of expropriation.
Furthermore, the government issued a circular on 25
June 1999, in order to demonstrate its determination and resolute stand for the protection
and promotion of human rights at political level, the point which makes this article
distinct from the previous ones is the partial reference made to the regulation on arrest,
detention and interrogation, which entered into force on first October 1998 and
requirement for submission of periodic follow up reports by the Ministries of Justice and
Internal to the Higher Coordination Council of Human Rights.
An other development which may be relevant to our
discussion today is the new plan of action launched by the National Committee on human
rights education decade on 28 July 1999 in compliance with the action plan of the UN
decade for the education on human rights. The Turkish plan of action affects every
institution by increasing the evidence (?) on protection and promotion of human rights.
The details of this plan of action will soon be submitted to the attention of the
interested circles by our mission.
In international fora, Turkey has always persute an
open position, displayed willingness to receive positive criticism and to cooperate in
order to surmount its difficulties in a collaborative action. This is also true for UN
Commission and its substituary mechanisms. Up to now, the Special Rapporteurs on freedom
of opinion and expression, on torture and the working group on enforced or invalent
redisappearances have visited Turkey and subsequent, they presented their reports to the
Commission. Invitations have been sent to this Special Rapporteurs on religious
intolerance and on extrajudicial, summary or arbitrary executions. The former will go to
Turkey in late this year and the latter next year.
I do believe, Mr. Chairman, that the Istanbul Protocol
will be an important guideline for many countries. I personally wish to see that it would
be translated into Turkish and distributed to every concerned establishment in Turkey. I
have all the intentions to suggest to my authorities, that the Manual should be taken into
consideration in the implementation of our national human rights education plan of action.
And I thank you very much. |
