The Republic of Turkey
Prime Ministry
Human Rights Presidency

No. :B. 02. 0. İHB. 568. 04/546
Subject.: Human Rights Boards’
visiting to detention centers

Ankara 17. 04. 2008

…………………………………….. Governorship
(Presidency of the Provincial Human Rights Board)

REFERANCE: a) Our letter dated to 01. 08. 2006 and numbered B. 02.0.İHB. 568.04./1279.
b) Our letter dated to 28. 01. 2007 and numbered B. 02.0.İHB. 568.04./128

On the basis of related references, some commissions were charged with visiting the detention centers and informing our Ministry about the visit results including inventions and advice. But, a lot of commission only filled police station and detention centers forms attached to our related petition, they did not provide with the summarized information of visiting and observations, advice. Mentioned below activities related to visits may be useful.

On the basis of “Regulation on Duty and Labor Basis of Provincial and Sub-Provincial Human Rights Boards”, Provincial and Sub-Provincial Human Rights Boards are responsible for developing human rights awareness in community and public organizations, protecting human rights, investigating and researching violation of human rights, investigating social, political, juridical and administrative reasons causing the difficulties and violation of using human rights and making suggestions for solving the problems.

Mentioned commissions are not only units, which keep at violation of human rights, but also the units, which must keep on their activities as “preventive mechanism” to prevent the violation. Boards are responsible and authorized to fulfill following duties on the basis of 12th Article in the mentioned Regulation:

“f) to visit related organs and organizations to confirm human rights applications,
g) For promoting human rights applications, to determine best practice organs and organizations and public officials and to reward them,
h) to investigate inspection forms of police stations and detention centers and to make suggestions for solving the problems in case of any defect,
i) to make suggestions about improvement of detention conditions and to amend them according to related Regulation,
j) to realize researches and investigations for active application of the rights of accused”.

In 11th Article of United Nations’ Convention against Cruelty and Other Unjust, Inhuman or Derogative Actions or Discipline, it is come out that the parties of this agreement will systematically inspect related applications for apprehended persons.

That Provincial and Sub-Provincial Human Rights Boards visit the detention centers in police and gendarme stations, make suggest for better physical conditions in jails, inspect the applications on suspect and accused rights will fill a gap in this situation. These visits will bring important clearing about cruelty and bad treatment claims. Especially, participation of members of non-governmental organizations such as bar council and medical committees in mentioned commissions will be important means of evidence for commissions’ independence.

On the basis of clauses in Regulation on Apprehension and Taking Statement; apprehended persons are declared to Office of Public Prosecution, jail recording book must be kept, advocate request of persons must be evaluated on the basis of Code of Criminal Procedure No. 5271, Public Prosecution must take statements of under aged persons; applications must be inspected and mentioned visits must not be omitted.

Concerning the visits:
1) The establishment of a commission containing at least three people to conduct the visits, signing of the report by the members of the commission and to have at least one member from the NGO’s in this commission,
2) The conduct of the visits if possible, as sudden visits, for every month,
3) To prepare a brief report according to the table attached without sending us the sudden visits form “The form on Visits to the Police Stations and to the Detention Centers by Human Rights Boards of Provinves and Sub-Provinces”,
4) To show the cases in one box in the table as the cases at the provinces
5) If there are any problems determined, to follow the changes for betterment by the Board, if there are not any changes, informing the Human Rights Presidency about the situation,

should be paid attention.

I would like the Boards to conduct sudden or precised visits every month and inform the Presidency by sending regular reports every three months about the place and date of the visits as well as mentionning whether these visits are sudden or prevued. These reports should also include the improvements and advices.

Prof. Dr. Hasan Tahsin FENDOGLU
On Behalf of Prime Minister
Director of Human Rights Presidency

ANNEX:
A report example of the Police Station
and detention Center Visits.

DISSEMINATION:
All governors (All Provinces of Human
Rigts Boards)

INFORMATION:
Interior Ministry of Interior
(Strategy Development Presidency).