Mr. Birtan Altinbas, a student of the Hacettepe University, was reportedly taken into custody by the gendarmerie alongside with three other students in January, 1991 and transferred to the Ankara Directorate for Security (Political Department) for interrogation. Birtan Altinbas was found dead six days later, on January 15, 1991. According to witnesses taken into custody on the same occasion, the victim were reportedly tortured and ill-treated by the policemen involved in the interrogation. The victim’s mother demand for autopsy was refused. Pursuant a complaint filed by the lawyers and the family, a preparatory investigation was initiated by the Ankara Public Prosecutor who decided to launch a proceeding against the policemen. However, the court case was then ceased and the file sent to Ankara Governorship for the permission to launch interrogation of concerned policemen. The file slept for about 6 years in Ankara Governorship until 2 June 1998 when the Ankara Governorship adopted a decision of non-action. The file was then sent to the Grand Penal Chamber of the Supreme Court which decided to transfer the case to the Ankara Heavy Penal Court on 20 October 1998. At the previous hearing held before the Ankara Heavy Penal Court on November 14 2003, the lawyers decided to withdraw from the case. On Wednesday January 14, 2004, the prosecution had not succeeded in securing the attendance of any of the 8 accused policemen. No satisfactory reasons were provided for the failure of the prosecution to have secured their attendance, especially given the fact that 3 of the policemen are still on duty, and the others are well-known professionals or retired who could be easily located in Ankara, Istanbul and Denizli. The trial was adjourned until 12 February 2004 at 10.00 am. Given the fact that the case is pending since 14 years, the HRA is extremely concerned that the attitude of the accused may be used as a means to postpone the case until the lapse of time for the trial expire. In this context, the organization reminds that ”the status of the prohibition of torture as a peremptory norm of general international law suggests that there should be no statute of limitation for the crime of torture “. In May 2003, the United Nations Committee Against Torture (CAT) expressed concerns with respect to the punishment of torture and ill-treatment. Cases continue to be dropped after trials are discontinued due to an elapse of time. The CAT further stated that, in spite of the large number of complaints, the prosecution and sanctioning of members of the security forces for torture and ill-treatment are rare; proceedings are often long and sentences are not commensurate with the gravity of the crime. In addition, the CAT recommended that measures be taken to guarantee prompt, impartial and full investigations of torture and ill-treatment and that the statute of limitations for crimes involving torture be repealed. Cases of torture and ill treatment are still very numerous in Turkey. During the first ten months of 2003, 812 persons applied to the Human Rights Association (HRA) and the Human Rights Foundation of Turkey (HRFT) claiming that they had been tortured or ill-treated. Ten persons died under torture during the same period. On the occasion of the next hearing, the HRA recalls that Turkey has a duty under international law to take positive measures to prevent and prohibit torture and to respond to instances of torture, regardless of where they take place and whether the perpetrator is an agent of state or a private individual. Turkey has also an obligation under international law to take effective steps to investigate abuses when they occur, to investigate the perpetrators and bring them to justice in fair proceedings, and to ensure adequate reparation including compensation, and redress. At the beginning of 2003, the Turkish Government has committed itself to a policy of « zero tolerance» with respect to torture. In this context, reminding the urgent need for Turkey to ensure that changes in theory and officials statements are matched by equivalent improvements in practices, the HRA urges the Turkish authorities to: 1.Bring the defendants before the Ankara Heavy Penal Court n02 on February 12, 2004 and apply the penal and/or administrative sanctions as provided by law. Ensure that sentences pronounced against the perpetrators of are commensurate with the gravity of the crimes; 2.Guarantee a fair and adequate redress and reparation to the victim, in accordance with article 14 of the UN Convention against Torture ratified by Turkey on 2 August 1998; 3.Put an end to torture and other human rights abuses as a matter of priority in its bid to join the European Union by adopting comprehensive reforms and ensuring their urgent implementation; 4.Abide to the Guideline to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment purpose Given the recognition of the fight against torture and the torture prevention as a priority within the framework of the EU Accession Partnership, the HRA calls upon the European Commission and the European Parliament to pay a particular attention to this torture case on the occasion of the forthcoming hearing session on February 12, 2004 in Ankara. Elsa Le Pennec Paris,February 6, 2004