CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 18 septembre 2008

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text-indent:0pt; display:inline-block } .sD187CA61 { width:17.7pt; text-indent:0pt; display:inline-block } .s9EFA3E6D { width:56.55pt; text-indent:0pt; display:inline-block } .s2DED9654 { width:26.12pt; display:inline-block } Interim Resolution CM/ResDH(2008)69 Execution of the judgments of the European Court of Human Rights   Actions of the security forces in Turkey Progress achieved and outstanding issues   General measures to ensure compliance with the judgments of the European Court of Human Rights in the cases against Turkey concerning actions of members of the security forces (listed in Appendix II) (Follow-up to Interim Resolutions DH(99)434, DH(2002)98 and ResDH(2005)43)   (Adopted by the Committee of Ministers on 18 September 2008,   at the 1035th meeting of the Ministers' Deputies)     General measures to ensure compliance with the judgments of the European Court of Human Rights in the cases against Turkey concerning actions of members of the security forces (listed in Appendix II) (Follow-up to Interim Resolutions DH(99)434, DH(2002)98 and ResDH(2005)43)     The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No.   11 (hereinafter referred to as “the Convention”);   Having regard to 175 judgments and decisions in the cases against Turkey listed in Appendix II, in which the European Court of Human Rights (the “Court”) found that there had been numerous violations of the Convention on account of:   -                       deaths of the applicants' next-of-kin as a result of excessive use of force by members of security forces; -                       failure to protect the right of life of the applicants' next-of-kin; -                       death and/or disappearance of the applicants' next-of-kin; -                       ill-treatment; -                       destruction of property and -                       lack of effective domestic remedies into the applicants' complaints;   Bearing in mind that 69 cases involving similar complaints have been struck off the list by the Court following the conclusion of friendly settlements or other solutions found, in particular on the basis of the government's undertaking to take rapid remedial measures;   Noting that most of the violations in the cases at issue took place against the background of the fight against terrorism in the 1990s and recalling that each contracting state, in combating terrorism, must act in full respect of its obligations under the Convention, as set out in the Court's judgments, and developed in the Council of Europe Guidelines on human rights and the fight against terrorism; Noting further that all these violations resulted from various structural problems, in particular;   -                       ineffectiveness of procedural safeguards in police custody; -                       general attitude and practices of members of security forces, their education and training system, inadequacy of the legal framework governing their activities; -                       shortcomings in establishing criminal liability for abuses at the domestic level, and -                       shortcomings in ensuring adequate reparation to victims.   Recalling that in response to the violations of the Convention found, Turkey has taken important remedial action aimed at   -                       improving the procedural safeguards in police custody; -                       improving the professional training of members of security forces; -                       giving direct effect to the Convention requirements; -                       providing reparation to victims; -                       establishment of enhanced accountability of security forces; -                       training of judges and prosecutors.   Bearing in mind the Committee's assessment of the progress achieved by Turkey in adopting the necessary execution measures, as indicated in the Committee's Interim Resolutions DH(99)434 of 9   June   1999, DH(2002)98 of 10 July 2002 and ResDH (2005)43 of 7 June 2005 and the further measures identified in those texts to ensure that new, similar violations are prevented;   Recalling that, in Interim Resolution ResDH(2005)43, the Committee, in particular:   “Welcomed the adoption of a number of important reforms as well as the ongoing efforts to ensure full compliance with the Convention in these cases;   Expressed satisfaction with the results obtained so far, while encouraging the authorities:   - to consolidate their efforts to improve the procedural safeguards surrounding police custody through the effective implementation of the new Regulations based on the new Code of Criminal Procedure, in the light of the requirements of the Convention and bearing in mind the recommendations of the Committee for the Prevention of Torture (CPT);   - to consolidate their efforts to reorganise the basic, in-service and management training of the police and gendarmerie by making use of the results obtained in the Council of Europe/European Commission Joint Initiative, in particular as regards the mainstreaming of human rights into initial and in-service training;   - to take the necessary measures to ensure that the new status of the Convention and the case-law of the Court flowing from the change of Article 90 of the Constitution is translated into the daily practice of the security forces, in particular in the instructions given to them, and that prosecutors and judges are also encouraged to give effect to this new provision;   - to ensure the prompt and efficient implementation of the new “Law on Compensation of the Losses Resulting from Terrorism and from the Measures Taken against Terrorism”, to reconsider its limited time-frame so that all claims can be processed in an impartial manner, and to ensure that individuals do not have to bear a disproportionate burden as a result of lawful actions of the security forces;   - to take the necessary measures to remove any ambiguity regarding the fact that administrative authorisation is no longer required to prosecute any serious crimes allegedly committed by members of security forces;   - to pursue the training provided for judges and prosecutors in the Academy of Justice, in particular by mainstreaming the training on the Convention and the case-law of the Court into the initial and in-service training of judges and prosecutors within the framework of the Academy;   Urged the Turkish authorities regularly to keep the Committee of Ministers informed of the practical impact of the measures taken, including the provision of statistics regarding number of investigations, acquittals and convictions into alleged abuses.”   Assessment of the Committee of Ministers   Having examined the information provided by the Turkish authorities concerning the measures taken since the adoption of Interim Resolution DH(2005)43 and bearing in mind the measures taken by the Turkish authorities since the adoption of the first two interim resolutions mentioned above (see Appendix I for the information submitted by the Turkish authorities);   A.   Improvement of procedural safeguards in police custody   Recalling that in its Interim Resolution ResDH(2005)43 the Committee has welcomed the additional safeguards introduced in Turkish law for persons held in police custody aiming at combating torture and other forms of ill-treatment effectively, notably with regard to;   -                       the right of all persons to see a lawyer of their own choosing; -                       the right to free legal assistance; -                       the right to inform a family member or a designated person of their detention; -                       the right of apprehended persons to receive information about their rights and charges against them; -                       the right of the suspects' representative, in principle, to have access to the investigation file; -                       the right to a medical examination without the presence of members of security forces;   Emphasising in this respect the importance of regular monitoring of custody records and detention premises by public prosecutors in order to ensure that the detention facilities and custody records comply with the required standards;   Noting the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment (CPT) on its December 2005 visit confirming that “detention by law enforcement agencies (police and gendarmerie) is currently governed by a legislative and regulatory framework capable of combating effectively torture and other forms of ill-treatment by law enforcement officials”;   Encouraging the Turkish authorities to pursue their efforts in ensuring effective implementation of the Turkish legislation with a special focus on the recommendations of the CPT;   DECIDES to close the examination of this issue as the necessary legislative framework is now in place;     B.   Improvement of professional training of members of security forces   Noting that human rights has now become a part of the curriculum in the initial training of members of security forces, in particular of the gendarmerie, as a separate subject and as an integrated aspect of other subjects;   Noting further that the Turkish authorities have assured the Committee that they will continue with their efforts to ensure that members of security forces receive initial and in-service training on human rights with a specific focus on the Convention and the Court's case-law;     DECIDES to close the examination of this issue;   C.   Giving direct effect to the Convention requirements   Noting with interest the amendment introduced in June 2007 in “the Law on the duties and legal powers of the police” which now provides that the police are not entitled to use force unless confronted with resistance and that the use of force should be proportionate, be directed to break the resistance, and be increased gradually;   Noting also the detailed instructions given to the gendarmerie with the aim of ensuring that its members comply with the Convention standards in their daily practice and, in particular, use force no more than strictly necessary;   Stressing in this respect that the Committee continues examination of the measures taken and envisaged by the Turkish authorities aiming at ensuring that members of security forces use proportionate force during public demonstrations within the context of the cases of Güzel Şahin and others (No. 68263/01) and Oya Ataman (No. 74552/01);   Welcoming the Circulars of the Minister of Justice drawing the attention of judges and public prosecutors to the shortcomings identified by the Court in its judgments here at issue, in particular with regard to the effectiveness of investigations, as well as Turkey's obligations flowing from the Convention;   Recalling the Turkish authorities' repeated commitments before the Committee that the measures taken shall be applied in compliance with the Convention standards by virtue of Article 90 of the Turkish Constitution giving direct effect to the Convention, as well as their undertaking that the implementation of these measures shall strictly be supervised;     DECIDES to close the examination of this issue;   D.   Prompt and efficient implementation of the “Law on Compensation of the Losses Resulting from Terrorism and from the Measures taken against Terrorism”   Recalling that the “Law on Compensation” of 27 July 2004 provides a possibility to obtain, directly from the administration, compensation for pecuniary damages caused to natural and legal persons as a result of terrorist activities and operations carried out in combating terrorism during the period of July 1987 to December 2006 with a possibility of judicial review of decisions taken in this respect;   Noting that, within the context of the execution of the judgment in the case of Doğan and Others (no. 8803/02), the Turkish authorities have informed the Committee of the measures taken concerning the implementation of the Law on Compensation, in particular with respect to the work carried out by the Damage Assessment and Compensation Commissions;   Noting with satisfaction that it appears from a substantial number of sample decisions furnished by the Turkish authorities in the above case that persons who have sustained damage in cases of denial of access to property, damage to their property or death or injury can successfully claim compensation by using the remedy offered by the Compensation Law and that therefore the Committee decided to close its examination of this case at its 1028th meeting (June 2008) (see, CM/ResDH(2008)60);   Noting that the effectiveness of the Compensation Law was confirmed by the Court in its decision of 12   January   2006 in the case of İçyer (No. 18888/02) where it found that “the provisions of the Compensation Law are capable of providing adequate redress for the Convention grievances of persons who were denied access to their possessions in their places of residence”;   Taking note of the insurances given by the Turkish authorities on the availability of a wide range of remedies for situations falling outside the Compensation Law, in particular with regard to the continuing practice of the administrative courts of ensuring reparation by the state for damages caused as a consequence of actions of security forces;   DECIDES to close the examination of this issue;   E.   Establishment of enhanced accountability of members of security forces   Recalling that the precondition for administrative authorisation required for the investigation of accusations of torture and ill-treatment has been lifted following the amendments introduced in January 2003 to Law No. 4778 on the Prosecution of Civil Servants;   Noting that, with respect to the prosecution of serious crimes other than torture and ill-treatment, there are examples of decisions of courts and prosecutors where prosecutions had been initiated against members of security forces without administrative authorisations having been sought;   Noting however that the amended Turkish legislation appears to have lifted the requirement of administrative authorisations only with respect to allegations of torture and ill-treatment but that it continues to exist with respect to other allegations of serious crimes,   Noting also that highest ranking members of security forces enjoy the special procedures of prosecution applicable to judges;   URGES the Turkish authorities to take the necessary legislative measures to remove any ambiguity regarding the fact that the administrative authorisation is no longer required to prosecute not only for torture and ill-treatment but also any other serious crimes and to ensure that members of security forces of all ranks could be prosecuted without an administrative authorisation;     F.   Training of judges and prosecutors   Welcoming the ongoing training activities for judges and prosecutors initiated by the Turkish authorities, in particular on the Convention and the Court's case-law, as well as the training activities carried out within the context of the Academy of Justice in the form of seminars, conferences and study-visits;   Noting with satisfaction that training on the Convention and the Court's case-law has now become a part of the curriculum in the initial training of judges and prosecutors at the Academy of Justice;   DECIDES to close the examination of this issue;     G.   Practical impact of the measures taken   Noting the statistical information provided with regard to the number of investigations, acquittals and convictions of crimes of torture and ill-treatment between 2003 and the first nine months of 2007;   Noting with interest that the statistical information provided can be interpreted as indicating a slight decrease in the number of investigation files opened since 2003 into allegations of torture and ill-treatment;   Regretting however that no information was made available to the Committee with regard to the number of investigations, convictions and acquittals concerning serious offences other than torture and ill-treatment allegedly committed by members of security forces;   Noting the examples provided of indictments lodged with criminal courts and decisions of those courts demonstrating that allegations of abuses by members of security forces are prosecuted and their criminal accountability is established;   STRONGLY ENCOURAGES the Turkish authorities to actively pursue their “zero tolerance” policy aimed at total eradication of torture and other forms of ill-treatment, as well as their efforts to ensure that the domestic authorities carry out effective investigations into alleged abuses by members of security forces;   URGES the Turkish authorities to provide detailed statistical information regarding the number of investigations, acquittals and convictions into alleged abuses with a view to demonstrating the positive impact of the measures taken so far;     Conclusions of the Committee of Ministers   DECIDES to pursue the supervision of the execution of the present judgments until the Committee has satisfied itself that all outstanding general measures have been adopted and their effectiveness in preventing new, similar violations has been established;   DECIDES to resume consideration of these cases, as regards outstanding general measures, at its third DH meeting in 2009.   Appendix I to Interim Resolution CM/ResDH(2008)69   Information provided by the Government of Turkey to the Committee of Ministers on the general measures to comply with the European Court's judgments     A.   Improvement of procedural safeguards in police custody   1.   General regulations and instructions   a.   Length of detention in police custody : According to the Code of Criminal Procedure (which came into force on 1 June 2005), the length of detention in police custody shall not exceed 24 hours from the moment of arrest (plus, a maximum period of 12 hours during which a suspect is being brought before a judge) (see Article 91 of the Code). In organised crimes or crimes committed collectively, the detention period shall not exceed 48 hours. In such crimes, the total detention period can be extended to 4 days by a decision of a public prosecutor. After the elapse of 4 days, the accused should be heard by a judge, who is authorised to extend the detention period for further 3 days (this period also applies to crimes committed in areas where a state of emergency is declared) (Article 251§5).   b.   Right to inform a family member : Anyone who is apprehended or taken into custody or whose custody period is extended shall have the right to inform a family member (Article 95 of the Code of Criminal Procedure).   c.   Right of apprehended persons to receive information about their rights and charges against them at the time they are taken into custody : According to “Regulation on Apprehension, Police custody and Interrogation” (which also came into force on 1 June 2005 and hereinafter referred to as “Regulation”), anyone who is apprehended shall be informed of his/her rights, including the right to appoint a lawyer (of his/her own choosing or to be appointed by the Bar Association), as well as the nature of the charges against him/her (Article 6 of the Regulation). A suspect or an accused shall be given the same information (including the information on the right to remain silent) before being questioned by police officers (Article   147 of the Code of Criminal Procedure).   d.   Right to a lawyer : A suspect or an accused shall have the right to a lawyer before being questioned (in private) and during his/her questioning (Articles 147 and 154 of the Code of Criminal Procedure). The provisions of the new Code provide that no statement obtained by security forces in the absence of a lawyer shall be considered as a basis of a conviction unless the suspect or accused confirms that statement before a judge or a court (Article 148 of the Code of Criminal Procedure). The new Code also prohibits the statements obtained under torture, ill-treatment or any methods such as medication, tiring, deception or use of physical force or duress to be used as evidence.   A suspect prosecuted under the Anti-terrorism Law (No. 3713) might be restricted to see his/her lawyer in the first 24 hours of custody by a decision of a judge following a request made by a public prosecutor. However, if such a decision is taken, the suspect shall not be interrogated during the first 24 hours (Article   10 of Law No. 3713).   Furthermore, the legal representative of a suspect shall have the right to have access to the investigation file and to obtain documents. The exercise of this right might be restricted by a decision of a judge if it puts the conduct of the investigation into jeopardy (Article 10 of the Regulation).   In a Circular (No. 24) issued by the Minister of Justice on 01/01/2006, the attention of the authorities is drawn to the effective use of the right to a lawyer at the investigation stage in accordance with the requirements of the Convention and of domestic law.   2.   Medical examinations   Article 9 of the new Regulation provides the following rules relating to medical examinations:   -                       All apprehended persons shall be subject to medical examination at the time of their apprehension. -                       When a detainee is transferred to another detention area or a decision is taken to prolong the detention period or when a detainee is released, a medical examination shall be carried out before he or she is brought before the judicial authorities. -                       Any detainee whose health deteriorates or whose health situation appears to be suspicious while in custody shall immediately be examined by a doctor and be treated if necessary. -                       The police officer who interrogates a detainee or carries out the investigation against him or her should not be the same person who brings the detainee to the medical examination unless there is a lack of personnel in the detention premises. -                       When requesting a medical examination of a detainee, members of security forces should indicate in writing to the medical team whether such examination is requested at the beginning of custody or upon release. -                       Three copies shall be made of medical reports to be prepared on the entry of a detainee. One copy will remain in the medical file, one copy will be given to the detainee and one copy will be kept in the investigation file. Three copies shall be made of medical reports to be prepared following a decision given to prolong the custody period or the transfer of a detainee or his or her leaving custody. One of these copies will remain in the medical file and two copies will be sent to the relevant public prosecutor in a sealed envelope who shall keep copy in the investigation file and submit the other one to the detainee or to his or her representative. Medical personnel should take the necessary precautions to preserve confidentiality. -                       If a doctor finds that torture (Article 94 of the Criminal Code), aggravated torture (Article   95 of the Criminal Code) or torment (Article 96 of the Criminal Code) has been inflicted on the detainee, he or she should immediately report the situation to the public prosecutor. The public prosecutor shall take the necessary steps to make sure that a further medical examination be carried out in accordance with Articles 7 and 8 of Regulation on Physical and Genetic Examinations and Identification in Criminal Procedures.   3.   Monitoring of custody records and detention premises by public prosecutors:   With the coming into force of the Code of Criminal Procedure, public prosecutors are now authorised to monitor detention premises, in particular cells and interrogation rooms. Public prosecutors are also responsible for monitoring the state of detainees, the reasons for their detention and the length of their detention and all other relevant information in the custody records. Public prosecutors shall note their findings in the custody register (Article   92).   Members of security forces are also under an obligation to ensure that detention premises comply with the standards as enshrined by the Regulation (Article 26).   In a Circular (No.3) issued by the Minister of Justice on 01/01/2006 the authorities have been reminded of their obligations under the Convention and of the case-law of the Court, as well as domestic law provisions, concerning the right to liberty and security and procedural safeguards in police custody. It is emphasised in the Circular that the necessary measures should be taken rapidly in case the detention facilities are found to be below the standards described in the Regulation. Public prosecutors are requested to fill out a form (a sample of which is attached to the Circular) concerning the monitoring of detention facilities and are asked to return the forms to the Ministry of Justice four times in a year so that they can be presented to the Human Rights Coordination Council attached to the Prime Minister's Office.   4.   Report of the Committee of Prevention of Torture (CPT) of 06/09/2006 on the visit to Turkey from 7 to 14 December 2005   The CPT noted in its report that “New Criminal and Criminal Procedure Codes, as well as a revised version of the Regulation on Apprehension, Detention and Statement Taking, entered into force on 1   June   2005. These texts have consolidated improvements which had been made in recent years on matters related to the CPT's mandate. It is more than ever the case that detention by law enforcement agencies (police and gendarmerie) is currently governed by a legislative and regulatory framework capable of combating effectively torture and other forms of ill-treatment by law enforcement officials” (see §12).   The CPT's findings confirm that progress continues to be made as regards the implementation in practice of the safeguards against ill-treatment, including the length of detention in police custody and proper keeping of custody records.   However, the CPT noted that problems still remained in certain areas, notably as regards the implementation of the legislation concerning the right to access to a lawyer and confidentiality and quality of medical examinations of detainees (see, in particular, §§21 – 29) (for further information, including the recommendations of the CPT, see http://www.cpt.coe.int/documents/tur/2006-30-inf-eng.htm ).   B.   Improvement of professional training of members of security forces   The Turkish authorities have underlined the importance of raising human rights awareness through human rights courses in police colleges and academies and training activities on human rights in general and on the crime of torture and ill-treatment in particular. In this context, the Turkish authorities referred to the various training projects organised in the past, in particular through the Council of Europe/European Commission Joint Initiative.   The Turkish authorities have also submitted extensive information regarding the human rights education of members of security forces. Interested delegations can review this information at the Secretariat. The information is summarised below:   The Turkish authorities informed that the ongoing efforts to enhance human rights training of security forces, including the anti-terrorism branch, have been intensified following the coming into force of the new Criminal Code and the Code of Criminal Procedure in June 2005. These training activities comprised courses on human rights and on new procedures that came into force after the adoption of the new legislation, as well as seminars on practical aspects of the new legislation and codes of conduct of the security forces.   As far as the Gendarmerie is concerned, the Turkish authorities have in addition informed that human rights training is part of the curriculum, as a separate subject and as an integrated aspect of other subjects, in all relevant education institutions. Human rights courses focus on the following topics: Introduction to human rights, fundamental rights and freedoms, international organisations and human rights instruments (UN, CoE, OSCE and EU) and obligations of members of security forces within the context of human rights. There are also specific courses on the Convention and the case-law of the Court where the judgments of the Court concerning the actions of security forces, in particular the gendarmerie, are examined in depth. In those courses the attention of the participants is drawn to the shortcomings identified by the Court in its judgments against Turkey. Human rights courses are taught between 22 to 34 hours during one school year depending on the rank of the officers in question. Furthermore, a large number of seminars and conferences have been organised for the gendarmerie on the new Turkish legislation, as well as on human rights, between 1999 and 2006.   C.   Giving direct effect to the Convention requirements   1.   Legal framework regarding the use of force by the police   The Turkish authorities informed of the changes introduced on 2/6/2007 to Law No. 2559 on the duties and legal powers of the police, which now provides that the police are not entitled to use force unless confronted with resistance. According to the amended Article 16 of the law, the use of force should be directed to break the resistance and should be proportionate. The use of force could be increased gradually, depending on the nature and level of the resistance confronted with (i.e. the police shall first use physical force, then will interfere with other devices (such as tear gas, truncheon etc) and, as a last resort only, the police shall use firearms). The police shall warn the person(s) resisting that they will use force if they continue resisting. However, if the circumstances of the resistance so require, the police might use force without warnings. The police shall consider and decide the level of the force that they will use; including the devices they will use to break the resistance. The police are entitled to legitimate defence in cases of attacks directed against them or to third persons. The police are entitled to use weapons in self-defence, in cases where they cannot neutralise resistance by physical force or other devices or in order to secure an arrest, detention or in cases of flagrante delicto . In those situations the police shall issue a stop order before using a firearm. The police are entitled to use a firearm without hesitation to person(s) attempting to use a firearm against them within the limits of neutralising the danger.   2.   Instructions given to the gendarmerie   As regards the instructions given to the gendarmerie, the Turkish authorities gave detailed information on these instructions which, they said, were aimed at ensuring that the members of the gendarmerie comply with human rights in their daily practice. These instructions can be summarised as follows:   -   Compliance with human rights standards and with legal obligations constitutes the fundamental basis for the actions of the members of the gendarmerie. Gendarmes are expected to avoid any action that would violate human dignity or put into question the substance of rights and freedoms. The actions of members of the gendarmerie should be in compliance with human rights irrespective of the crime they will have to deal with. -   The members of the gendarmerie shall use force no more than strictly necessary. When it is necessary to use force, it should be proportionate to the aim pursued. -   During the course of military operations (and during the preparatory phase of such operations) carried out with the help of planes, helicopters and heavy weapons, it is obligatory to take the necessary measures in order to prevent any collateral damage to civilians and to urban areas. In this regard, it should be born in mind that the administration has objective liability. Any damage caused – even involuntarily – should be recorded, photos should be taken or be filmed and the damage should be compensated without delay. -   The investigatory measures taken by gendarmes, such as arrest, taking into custody, carrying out autopsies or identification of bodies etc., should comply with human rights standards, as well as with the relevant domestic legislation. Custody records should be kept meticulously; time of entry to and exit from custody should be recorded in detail. The state of health of detainees should also be kept in the record and, if possible, the detainees should be filmed or photographed before they are taken into custody. -   When a detainee is taken into custody, gendarmes should ensure the following: The detainee should be disarmed in order to prevent him causing harm to others or to himself; the detainee should be informed of the charges against him and of his right to remain silent; he should be allowed to have access to a lawyer; the arrest should be put into record and a form concerning the detainee should be filled in; this form should be read aloud to the detainee in the presence of a witness and a copy of it should be signed by the detainee; all these documents should be transmitted to the office of the public prosecutor who should give the instructions to follow; an arrested person should be allowed to inform his relatives. -   Medical examinations of detainees, accused or convict shall be carried out in private unless there are security concerns. -   The right to life of a person in custody should be protected; necessary measures should be taken to prevent the risk of suicide or self-mutilation. If necessary, medical equipment should be provided without delay. -   No one shall be subjected to ill-treatment, torture or inhuman or degrading treatment. The members of the gendarmerie shall be reminded frequently of the prohibition of torture and ill-treatment; they should likewise refrain from any action that might give rise to allegations of torture or ill-treatment. All complaints of torture or ill-treatment shall be taken into consideration. -   No high volume musical devices or spot light projectors shall be present in interrogation rooms which might lead the detainee to believe that he will be intimidated by making use of such devices. -   High-ranking gendarmes shall take all the necessary measures in order to prevent acts of torture and ill-treatment. Allegations of torture and ill-treatment against gendarmes shall immediately be investigated by their superiors and their withdrawal from service shall be requested from the Gendarmerie Headquarters, in case it is necessary. Allegations of torture and ill-treatment shall be pursued, even if there is no strong evidence to that effect, and investigations shall immediately be initiated. -   During public demonstrations, members of the gendarmerie are expected to maintain their calmness and avoid emotional reactions; it should be kept in mind that failure to do so will be considered as disobedience to orders and might result in disproportionate interference. -   Criminal or administrative proceedings shall rapidly be initiated against members of the gendarmerie who engage in unlawful acts despite the warnings and measures taken.   3.   Legal framework regarding armed operations   A Regulation on Operations of the Security Directorate came into force on 16/11/2001 which sets the framework for the instructions to be given to the staff participating in law enforcement operations. According to the Regulation, all operations should be composed of three phases: the preparation, execution and follow-up phases. In particular, the regulation provides for the following: Before the planning of an operation, the staff should ensure to prepare an inventory of the area where the suspects are. An evaluation of the staff that will participate in the operation, the vehicles, arms and other equipment that will be used in the operation should be made. Detailed instructions should be given to senior staff members. During the different phases of the operation staff shall only have recourse to firearms when it is strictly necessary to carry out an arrest. If necessary, specialised staff or psychologists shall intervene in order to establish dialogue with the suspects. Necessary measures should be taken in order to protect the suspects from an eventual attack or lynching attempts. The regulation in question is unpublished.   4.   Direct effect given to the Convention   Concerning the direct effect given by prosecutors and judges to the Convention, the Minister of Justice issued a series of Circulars on 01/06/2005 drawing the attention of the former to the newly enacted legislation, as well as the shortcomings identified by the Court in its judgments against Turkey. Recalling Turkey's obligations flowing from the Convention, the Minister referred, in particular, to the following:   -                       All criminal investigations should be carried out speedily and effectively in compliance with the requirements of the Convention. Respect for human rights presupposes that the interrogation of a suspect in custody should not be used to incriminate the suspect but to collect evidence for and against him or her. Public prosecutors should calculate with diligence the prescription periods and should do all that is necessary in order to finalise the investigations pending without any outcome (Circular No. 2).   -                       The shortcomings identified by the Court regarding the criminal investigations should be remedied in order to avoid future violations, in particular those relating to ineffective investigations in allegations of torture and ill-treatment, discrepancies in autopsy reports, the absence of photos that should be taken during autopsies and decisions of non-prosecution issued by public prosecutors without the necessary investigation being carried out into the facts (Circular No. 4). -                       Investigations into allegations of torture or ill-treatment should be carried out by the chief public prosecutors or a public prosecutor appointed by him or her (not by the police or members of security forces) in accordance with the requirements of international conventions on human rights, the case-law of the Court, the Constitution and the relevant provisions of domestic law (Circular No. 8). -                       Investigations into unknown perpetrator killings should be carried out rapidly and effectively taking into account the requirements of the Convention, in particular the pursuit of such crimes should be carried out in coordination with the security forces. All necessary evidence should be collected from the scene of the crime and should be kept with care. The rules on ballistic examinations, autopsy reports and identification of the body should strictly be followed. Furthermore, such investigations should be carried out directly by public prosecutors who should examine the investigation files with regular intervals and do their utmost to make sure that the perpetrators are found rapidly and in any case within the prescription period (Circular No. 22).   It has to be recalled that according to Article 173 of the Code of Criminal Procedure, decisions of public prosecutors not to prosecute can be challenged by the interested persons before the competent assize courts. The European Court rejected in a decision of 31/12/2002 the applicant's complaints in the case of Epözdemir (No: 57039/00) on the grounds that the applicant has not availed himself to this remedy under Turkish law.   5.   I nstructions regarding the proportionate use of force during public demonstrations   The Ministry of Interior issued three instructions to the General Directorate of Security (in May 2001, April   2003 and August 2004) setting out the level and nature of use of force to be applied by members of security forces during public demonstrations. The instructions state that the use of force should be proportionate and should be increased gradually.   Before any public demonstration (whether or not it is legal), the General Directorate of Security holds meetings at local level in order to ensure that members of security forces use force no more than necessary and aim to protect public order.