CALL FOR SOLIDARITY
The Human Rights Association (HRA) is very attentive to the torture case (Birtan Altinbas Case) against 8 policemen pending before the Ankara Heavy Penal Court n°2 and urges the Turkish athorities to put an end to impunity in the country on the occasion of the hearing on Friday 5 March 2004.
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 form HRA Ankara branch 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 January 14 and February 12, 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 Court decided to adjourn the case until Friday, 5 March 2004 at 10.00 am.
Given the fact that the case is pending since 13 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 about "the numerous and consistent allegations that torture and other cruel, inhuman or degrading treatment of detainees held in police custody are apparently still widespread in Turkey". The CAT further stated that "despite the number of complaints, the prosecution and punishment of members of security forces for torture and ill-treatment are rare, proceedings are exceedingly long, sentences are not commensurate with the gravity of the crime, and officers accused of torture are rarely suspended from duty during the investigation". Cases continue to be dropped after trials are discontinued due to an elapse of time. The CAT therefore recommended that the statute of limitations for crimes involving torture be repealed and to "expedite the trials and appeals of public officials indicted for torture or ill-treatment, and ensure that members of the security forces under investigation or on trial for torture or ill-treatment are suspended from duty during the investigation and dismissed if they are convicted".
Cases of torture and ill treatment are still very numerous in Turkey. In 2003, the HRA reports 1391 cases of torture and ill-ttreatment (perpetrated under police custody, in prison, by villages guards and outside the security forces facilities).
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,considering 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 n°2 on March 5, 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 1988;
3. Put en end to torture and other cruel, inhuman or degrading treatment or punishment, and other human rights abuses as a matter of priority ensuring the urgent and effective implementation of the Harmonization packages, and adopt further constitutional amendments and legislatives changes.
Given the recognition of the fight against torture 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 hearing sesion in Ankara.
HUMAN RIGHTS ASSOCIATION