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UN RAPPORTEUR SLAMS JUSTICE PRACTICE IN TURKISH COURTS
PanARMENIAN.Net
October 15, 2011 - 10:42 AMT
PanARMENIAN.Net - A UN 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 UN special rapporteur
said on the independence of judges and prosecutors at the end of a
five-day visit to Turkey on October 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 UN 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,
Hurriyet Daily News reported.
From: A. Papazian
PanARMENIAN.Net
October 15, 2011 - 10:42 AMT
PanARMENIAN.Net - A UN 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 UN special rapporteur
said on the independence of judges and prosecutors at the end of a
five-day visit to Turkey on October 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 UN 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,
Hurriyet Daily News reported.
From: A. Papazian