Country of origin information report Turkey March 2007

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Code of criminal procedure
10.37 The European Commission 2006 report stated that:
“The authorities have been focusing on the implementation of the new Penal Code, the Code of Criminal Procedure and the Law on Enforcement of Sentences following the entry into force of these laws in 2005. In this respect, the Ministry of Justice updated all existing circulars by issuing some 100 new circulars mainly addressed to public prosecutors in January 2006.This action aimed to create a clearer and more concise framework for the implementation of the new Code of Criminal Procedure and the Law on Enforcement of Sentences. One circular of particular importance concerns the implementation of legislation on arrest, detention and statement taking and the prevention of human rights violations during these practices. This circular underlines the duty of prosecutors to monitor the situation of detainees through regular visits to places of detention. It also requires prosecutors to report periodically to the Ministry of Justice on implementation by law enforcement authorities.” [71a] (p8)
10.38 The EC 2006 report further noted that, “As regards the implementation of the new Code of Criminal Procedure, the establishment of the judicial police has led to some tensions between the law enforcement bodies and prosecutors. Despite the Ministries of Interior and Justice issuing two circulars, prosecutors report difficulties in effective supervision of the judicial police.” [71a] (p9)
10.39 The EC 2006 report also stated that:
“With respect to some provisions of the Code of Criminal Procedures and of the Law on execution of sentences, the notification of a relative of the detained person and the right to access a lawyer are not uniformly applied. Furthermore, while the Code introduced provisions against the use of statements obtained under torture, concerns remain on statements obtained prior to the enactment of the Code…” [71a] (p13)
10.40 The EC 2006 report further noted that, “With regard to access to justice and right of defence, detainees enjoy the right to legal counsel, and statements made in the absence of lawyers are not admissible as evidence in court under the new Code of Criminal Procedure. However, concerns remain with regard to the lack of review of past statements.” [71a] (p14)
10.41 The EC 2006 report further noted that:
“Since the entering into force of the new Code of Criminal Procedure, prosecutors have started to use greater discretion to discontinue unmeritorious cases, while many cases are reported where judges returned indictments which were not based on sufficient evidence. The system of plea bargaining was recently introduced by the new Code of Criminal Procedure. A commission has been set up by the Ministry of Justice in an attempt to improve the system. Progress can be reported in the area of the judicial reform.” [71a] (p59)
10.42 The EC 2006 report also noted that:
“With regard to the right of defence, a considerable increase was registered in the appointment of lawyers for free legal aid since the entry into force of the new Code of Criminal Procedure. However, the state fees to lawyers are low. This raises concerns on the quality of legal aid provided. In addition, the Union of Bars and the Ministry of Justice agreed on introducing legislative amendments to limit the scope of legal aid. This would reduce the number of suspects and detainees automatically qualifying for legal aid. Following the strengthened provisions in the new Code of Criminal Procedure regarding interpreters free of charge for legal interpretation between Turkish and languages used by non-Turkish speaking citizens, courts are now required to establish lists of expert witnesses, including interpreters.” [71a] (p61)