RECOMMENDATIONS

To the Government of Turkey:

* Disband the anti-terror forces. Officers who have been implicated in human rights abuses should be dismissed from the police and tried for crimes;

* Guarantee an immediate right of security detainees to meet in private with legal counsel throughout the period of their detention and trial. The recent law lowering detention periods only allows security detainees held in so-called "collective crimes," i.e. offenses committed by three or more people, to meet with legal counsel after ninety-six hours;

* Abolish in toto Article 31, which denies security detainees many of the due process protections provided in the Code of Criminal Procedure (CMUK), from Law No. 3842;

* In line with the recommendation contained in the United Nations "Report of the Committee against Torture," of February 1994, create a "national machinery to combat torture." Such a "machinery" would be part of the Justice Ministry and command independent prosecutors with access to all police facilities and detention centers in the country. Its head would have ministerial rank;

* Grant access to all police/pre-trial detention centers and prison facilities to the U.N. Special Rapporteur on Torture;

* Implement all recommendations in Council of Europe's Committee for the Prevention of Torture [CPT] "Public Statement on Turkey" of December 6, 1996, including reviewing past sentences of officers convicted under Articles 243 of the penal code (obtaining confessions by torture or inhuman treatment) and 245 (ill-treatment by law officers) to determine if both articles need to be amended to strengthen sentences in future cases and instituting necessary measures to enable forensic doctors performing mandatory pre/post examinations of detainees to work uninfluenced by outside pressure;

* Present a bill to the Turkish parliament amending State of Emergency Decree No. 285 so that public prosecutors-not the provincial administrative council chaired by the Emergency Rule Governor, who is also ex officio in charge of police forces-has the sole authority to initiate prosecution of security forces alleged to have violated the law. Such approval has been infrequent in the past;

* Present a bill to the Turkish parliament abolishing the Temporary Law on the Procedure for Investigation of Civil Servants [Memurin Muhakemat2 Hakk2nda Kanunu Muvakkat), so that public prosecutors have the direct responsibility and authority to investigate and prosecute malfeasance by civil servants, including by security force members;

* Present a bill to the Turkish parliament abolishing Article 8 of the Anti-Terror Law and any other laws or decrees that punish peaceful free expression;

* Allow access to international humanitarian organizations; cease all state actions directed against the legal activities of all human rights groups in Turkey, including the Human Rights Foundation of Turkey, the Human Rights Association of Turkey, and Mazlum-Der, which are protected under international treaties to which Turkey is a signatory;

* As promised by Foreign Minister Çiller, make public the most recent CPT report on Turkey when it becomes available and continue to make public such reports in the future; require that the Under secretary levelcommittee to be established to monitor implementation of human rights improvements release its findings publicly;

To the Council of Europe:

* Under Article 57 of the European Convention of Human Rights, call on Turkey to show how domestic laws "ensure the effective implementation of any of the provisions of this Convention;"

* The Parliamentary Assembly should issue a statement condemning the practice of torture and link the Turkish government's ongoing failure to realize completely and fully CPT recommendations to possible punitive measures such as the exclusion of Turkish parliamentarians from the Assembly;

To the European Union:

* Raise the issues of torture and police impunity during official meetings with the Turkish government;

* Provide funding for the training of forensic pathologists both in the government and in NGO organizations in Turkey;

* The European Commission, the European Council of Ministers and the European Parliament must use political dialogue with Turkey, provided for in the EU-Turkey Customs Union and the Barcelona Process, to condemn the widespread practice of torture throughout Turkey and urge for the implementation of practical and legislative changes as outlined by the CPT;

* The European Commission, the European Council of Ministers and the European Parliament must clearly state that only a sincere effort by Turkey-in practical as well as in legal terms-to combat the practice of torture would provide tangible proof of Ankara's willingness to take steps towards closer ties with the EU;

To the U.S. Government:

* End all military sales and security aid to Turkey until such time as Turkey no longer engages in a pattern of gross human rights violations, as required by section 502B of the Foreign Assistance Act or give concrete reasons why such a measure should not be implemented;

* Raise the issues of torture and police impunity in meetings with the Turkish government;

* Call on the Turkish government to provide a detailed list of police prosecuted for abuse;

To the Organization on Security and Cooperation in Europe (OSCE):

* In line with the 1990 Copenhagen Document, the OSCE Permanent Council and the Chairman-in-Office should reaffirm that the prevention of torture is a priority matter of the OSCE and publicly condemn the widespread practice of torture in Turkey;

* The OSCE Permanent Council and the Chairman-in-Office should urge Turkey to implement the recommendations outlined by the CPT and ask the Turkish government to keep the OSCE informed about its efforts in this regard;

* The OSCE should institute a public reporting procedure according to which member states provide information on their compliance with these OSCE principles;

To the United Nations Human Rights Commission:

* Urge the government of Turkey to adopt all the recommendations made to it in this report;

To the United Nations Special Rapporteur on Torture:

* Conduct a fact-finding mission to Turkey and issue a public report on the mission's findings;