(2004/C 88 E/0372)

WRITTEN QUESTION P-1680/03

by Anna Karamanou (PSE) to the Commission

(15 May 2003)

Subject:   Torture and inhuman treatment of women in Turkish jails

On 13 June, the first trial will be held in Turkey involving two women, Mrs Naziye Tsogaltaf 22 years of age, and Mrs Sounai Yesildag, 28 years of age, who were tortured whilst in prison in Instanbul. The two women were arrested on 23 September 2002 for alleged membership of an illegal organisation. During their imprisonment they were tortured as confirmed by forensic medical examination. Specifically, the women were beaten, subjected to electric shock treatment and then obliged to open their mouths into which their torturers spat and to swallow the spittle.

The barbaric conditions of imprisonment in certain Turkish prisons are contrary to fundamental human rights and directly violate international agreements and the principles of democracy and freedom. Does the Commission intend to intervene to end torture in prisons, humanise the prison system in Turkey, an applicant country, giving priority to respect for the human rights of women?

Answer given by Mr Verheugen on behalf of the Commission

(10 June 2003)

The Commission is aware of the problems in Turkey regarding torture (which mainly occurs during pretrial detention under police custody), violence against women and detention conditions. In its 2002 Regular Report on Turkey (1), the Commission outlined the key concerns in these areas. The recently adopted revised Accession Partnership with Turkey sets out the priority areas with respect to these concerns.

Priorities include the need to implement measures to fight against torture, in line with Article 3 of the European Convention on Human Rights and the Recommendations of the European Committee for the Prevention of Torture. They also include the need to adopt further measures to ensure that prosecutors conduct timely and effective investigations of alleged cases and that courts impose adequate punishments on those convicted of abuses. With respect to detention conditions, the Accession Partnership outlines the need for Turkey to guarantee in practice the right for detained and imprisoned persons to have access in private to a lawyer and to have relatives notified, from the outset of their custody, in line with the European Convention on Human Rights. Turkey is also asked to continue to bring conditions in prisons into line with standards in Member States.

As acknowledged by these priorities, the Commission notes that whilst some progress has been made, with respect to the implementation of legislation there is still need for considerable improvement. Recent reports by the United Nations Committee Against Torture, Amnesty International, and the World Organisation Against Torture (OMCT) have all suggested that torture during pre-trial detention, including sexual and physical violence against women, is still a major concern in Turkey.

The Commission notes that Turkey has, however, made considerable progress in terms of legal reform in the fight against torture. In particular, Turkey has lifted the requirement to seek permission from a superior officer in order to open investigations on a police officer for torture allegations; prison sentences for torture cannot now be reduced to fines, a suspension of the police officer in question or any other measure; and defendants under the competence of the State Security Courts – like all other defendants – have now been granted access to a lawyer from the outset of custody.

As a Candidate Country, Turkey aims to fulfil the Copenhagen political criteria. This includes the need to end torture of all kinds as well as to guarantee the full enjoyment of human rights and fundamental freedoms in line with the Charter of Fundamental Rights of the European Union and relevant international and European instruments to which Turkey is party. The Commission will continue to monitor all developments related to allegations of torture in Turkey as well as the implementation of the above-mentioned legislation.

(1)  COM(2002) 700 final.