Committee against Torture

Information received from Türkiye on follow-up to the concluding observations on its fifth periodic report *

Date received: 26 July 2024

1.Türkiye takes note of the Concluding Observations of the Committee against Torture on its fifth periodic report and has the honour to transmit its comments and corrections herewith.

2.Türkiye observes that some of the detailed information provided by Türkiye in its State Party reports on Follow-up to the Committee’s concluding observations on the fourth periodic report (CAT/C/TUR/CO/4/Add.1, CAT/C/TUR/CO/4/Add.2) and under the List of Issues prior to fifth reporting (CAT/C/TUR/5) as well as during the dialogue at the 80th Session (2123rd and 2125th meetings) were not reflected in the Concluding Observations.

3.Furthermore, it is observed that the Concluding Observations contain unreliable information and comments which are seemingly based on unfounded allegations of unknown origin and discourses of circles affiliated with terrorist organizations, without relying on any concrete evidence or findings. References to such allegations without questioning their verity or considering the detailed information provided by Türkiye undermine the objectivity and credibility of the Committee’s Concluding Observations.

4.The fact that the Fetullahist Terrorist Organization (FETÖ) is mentioned as “the Hizmet/Gülen movement” throughout the Concluding Observations amounts to deliberately turning a blind eye to the heinous coup attempt against democracy in Türkiye.

5.Türkiye would have expected that in order to better assess the scope and the necessity of measures taken in combatting terrorism, in particular pursuant to 15th of July 2016, the Committee gave due consideration and acknowledged the severity of the threat posed by the terrorism and the need to act against the crimes committed by the terrorist organizations.

6.It should also be underlined that the rule of law, democracy and human rights are the fundamental principles of the Republic of Türkiye and all the measures, including those in combating terrorism, are taken accordingly. None of the measures taken even under and in the aftermath of the State of Emergency decriminalizes torture and ill-treatment nor do they provide impunity for possible perpetrators. As required by the “zero tolerance policy against torture”, the judicial and administrative authorities continue to duly examine each and every allegation of torture and ill-treatment and take the necessary actions in respect of those responsible.

7.In this respect, upon preliminary review and notwithstanding any substantive views and comments that may subsequently be conveyed regarding the concerned document, Türkiye believes that some of the findings and recommendations (in particular paragraphs 12, 13, 14, 15, 26, 27, 38 and 39) should be reconsidered in the light of the information and explanations provided by Türkiye.