UN rapporteur raps Turkish judiciary and human rights

A U.N. rapporteur has slammed a wide range of practices at Turkey’s special-authority courts and restrictions on freedom of expression, hot on the heels of a critical progress report by the European Union.

“I am particularly concerned at the lack of respect of fundamental procedural guarantees, notably at the restrictions to the right to defense” in cases of terror-related charges handled by special-authority courts, Gabriela Knaul, the U.N. special rapporteur said on the independence of judges and prosecutors at the end of a five-day visit to Turkey on Oct. 15.

In particular, restrictions on a suspect’s right to contact a lawyer, extended custody and pre-trial detention periods, as well as the common use of secret witnesses, were most troubling, she said.

Knaul said lawyers faced difficulties in properly carrying out their jobs, pointing at the limitation to access case-files, the non-disclosure of evidence and delays in contact with clients. “All the above is not in line with international standards.”

Knaul did not name specific cases but when asked whether her criticism also pertained to the arrests of journalists, she said: “It’s linked with freedom of expression also. The judiciary should analyze the cases properly and without any prejudice taking into consideration the role those journalists have in current society.”

The U.N. official said constitutional reforms last year had made the Supreme Board of Judges and Prosecutors (HSYK) more representative, but added that the chairmanship of the justice minister and his authority to approve investigations was problematic.
She also said many judges and prosecutors had complained about being transferred from locations and duties, while others had been replaced while investigating or deciding about cases, among them high-profile ones.

The workload of judges and prosecutors is another area of concern as the main cause of delays in proceedings, Knaul said. “Justice delayed is justice denied,” she added.

Knaul will pen a report on her findings and reveal it in 2012.

October 14, 2011
SOURCE: Hürriyet Daily News