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In September the General Staff reported it had dismissed personnel for disciplinary and moral reasons but none for excessive use of force. Also in September the Jandarma reported 35 dismissals for disciplinary and moral reasons. Village guards were less professional and disciplined than other security forces.

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The HRA cited allegations of abductions and confiscation of property by village guards. The Jandarma reported the total number of village guards serving during the year decreased, with 46, paid guards and 18, volunteers operating through August. Although the TNP announced the formation of a special unit in to focus on investigating 1, unsolved killings mostly dating to the s, no further progress was reported.

According to the EU progress report, the government lacked a comprehensive approach to missing persons, extrajudicial killings, or the exhumation of mass graves during the year and did not adequately investigate mass graves discovered in the Southeast.

Officials employed the tactic of counter filing lawsuits against individuals who alleged abuse. In November , for example, Ahmet Sahbaz, an Ankara police officer, was indicted for negligent homicide for reportedly firing live bullets indiscriminately into a Gezi Park protest, killing Ethem Sarisuluk. While the trial was proceeding, Sahbaz filed a criminal complaint against the victim's mother and siblings for "insult and intentional injury. On September 3, a court found Sahbaz guilty of negligent homicide and sentenced him to seven years' imprisonment, a sentence human rights activists criticized as too lenient.

On September 24, as an answer to a parliamentary question, the Ministry of Justice provided statistics on cases filed against individuals for "resisting" or "insulting" public officials: Since authorities opened a total of , files and convicted 41, persons on such charges. Human rights activists criticized the high number of convictions and accused police of using such charges to deter criminal prosecution of officers. The EU progress report also noted the use by law enforcement officers of counterfiling and alleged that in many instances courts gave priority to these counterfiling cases.

Impunity remained a problem, particularly highlighted by the small number of indictments of police for brutality during the Gezi Park protests. The EU progress report noted that loss of evidence and police obstruction, including the filing of counterclaims, impeded investigations into these cases. The TNP reported that through August it reached decisions in disciplinary cases involving excessive use of force.

The TNP rejected cases, dismissed 12 after investigation, penalized 19 officers in relation to their long-term seniority, and cancelled five cases due to the statute of limitations; cases remained under investigation. During the year courts continued the trials of police officers charged with killing two of the eight civilians who died as a result of the Gezi Park protests; an investigation into a third death continued. Authorities repeatedly postponed the trial of plainclothes police officers Mevlut Sandogan, Saban Gokpinar, Huseyin Engin, Yalcin Akbulut, and four armed civilians under their direction for the beating death of Eskisehir university student Ali Ismail Korkmaz; the trial also was moved to Kayseri, miles from Eskisehir, reportedly for security reasons.

Korkmaz died in July of a brain hemorrhage caused by beating. Watchdog groups reported that police and government officials initially tried to cover up police involvement by accusing Korkmaz's friends of the beating and deleting television footage later recovered documenting the attack. A hearing in the trial of the four police officers and four civilians took place on November From January through September, more than 5, Jandarma and police personnel received training in human rights and counterterrorism.

According to the government, the military emphasized human rights in training for both regular and noncommissioned officers. The law requires warrants issued by a prosecutor for arrests, unless the suspect is detained while committing a crime. Individuals can be detained for up to 24 hours, after which authorization of a prosecutor is required.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Authorities may hold suspects without charge for 24 hours but have prosecutorial discretion to extend the period to 48 hours, excluding transportation time, before arraigning them before a judge. A chief prosecutor may apply to extend this period of custody up to four days before arraignment under certain circumstances, including cases with multiple suspects and charges. Formal arrest is a later step, separate from detention. Authorities must tell suspects of the charges against them within 24 hours, although human rights activists claimed they did not always tell suspects which specific statement or action was the basis of a given charge.

For crimes that carry sentences of fewer than three years in prison, a judge may release the accused after his arraignment upon receipt of an appropriate assurance, such as bail. For more serious crimes, the judge decides either to release the defendant on his or her own recognizance or, if there are specific facts indicating that the suspect may flee, attempt to destroy evidence, or attempt to pressure or tamper with witnesses or victims, the judge may hold the defendant in custody prior to trial. Judges, however, often kept suspects in detention without demonstrating the public interest or otherwise articulating a justification for doing so.

The law provides detainees the right to immediate access to an attorney at any time. In criminal cases the law also requires that the government provide indigent detainees with a public attorney if they request one.

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In cases where the potential prison sentence is more than five years or where the defendant is a child or is disabled, a defense attorney is appointed, even absent a request from the defendant. Human rights observers noted that in most cases authorities provided an attorney where a defendant could not afford one.


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The HRA noted that after the annulment of antiterror law article 10, suspects charged with terror crimes could be represented by more than three lawyers in courts, allowing human rights interest groups and bar associations greater participation in the legal defense of these cases. According to the Judiciary Reform Package finalized into law on December 12, defense lawyers' access to their clients' court files for a specific catalog of crimes including crimes against state security, organized crime, and sexual assault against children is restricted until after the client is indicted.

Private attorneys and human rights monitors reported irregular implementation of laws protecting the right to a fair trial, particularly with respect to attorney access. According to local bar associations, detainee access to an attorney continued to vary across the country. The HRF reported that suspects in organized crime cases continued to be restricted from access to a lawyer in the first 24 hours of detention.

In terrorism-related cases, authorities frequently denied access to an attorney until after security forces had interrogated the suspect. As in previous years, the HRA and the bar associations claimed that police often intimidated detainees who asked for an attorney, for example, by telling them that a court would assume they were guilty if they consulted an attorney during detention. Authorities generally allowed detainees prompt access to family members, although human rights organizations alleged this principal was sometimes violated, particularly in the Southeast.

Arbitrary Arrest: Although the law prohibits holding a suspect arbitrarily or secretly, there were numerous reports that the government did not observe these prohibitions. By law police and Jandarma may compel citizens to identify themselves without cause.


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During the year police routinely detained individuals for hours without charge. For example, in a security operation conducted on July 22 in Istanbul, authorities allegedly detained a number of police officers without charge for more than the 24 hours allowed by law. The officers were detained for their alleged involvement in illegal wiretapping of a number of prominent individuals, including the son of then prime minister Erdogan, as part of a corruption investigation see section 4.

During large public protests, such as those related to Berkin Elvan's death, passage of a new internet access law, International Labor Day, and the Soma mine disaster, as well as regional protests in Diyarbakir, police regularly removed dozens of persons from demonstrations to holding areas, detaining them without charge, usually for short periods. Human rights organizations documented cases of protesters held without charge for longer than the hour limit set by law.

Pretrial Detention: In March the Fifth Judicial Package reduced from 10 years to five the maximum time that a detainee can be held pending conviction, including for organized crime and terrorism-related offenses. For other major criminal offenses tried by high criminal courts, the maximum detention period is two years plus three one-year extensions for a total of five years. In the government began trying thousands of persons alleged to be members or supporters of the Kurdistan Communities Union KCK , the umbrella political organization of the PKK terrorist group.

Of these, authorities arrested and released , mostly due to the Fifth Judicial Package's reduction in the maximum time authorities may hold detainees who have not been convicted.

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The Ministry of Justice reported that between January 6 and August 18, a total of KCK detainees and convicts were released from prison while remained in prison. Following the change in the law, the Ministry of Justice reported that authorities had released persons being held on terrorism and organized crime charges pending trial. The trial system does not provide for access to speedy trial, however, and each hearing in a case may be months apart. For example, in police apprehended five individuals for the killing of three Christians in Malatya.

Despite considerable evidence and at least one clear confession, the trial remained pending. Following the reduction in the maximum time detainees may be held without conviction, authorities released the five suspects in May but monitored them with electronic bracelets while their trial continued.

In a similar case, authorities in May released Erhan Tuncel, a prime suspect in the killing of Armenian publisher Hrant Dink, pending trial. The EU progress report noted the length of pretrial detention was often excessive and not supported by adequate reasoning as required by law. Human rights groups further noted detentions were generally longer than necessary to defend the public interest, detainees usually had limited opportunities to challenge the lawfulness of their detention, and those occasions offered little prospect of success.

The NGO Association for Solidarity with Asylum Seekers and Migrants reported conditions in the centers were better than in the past, but statistics were not available on the number of persons processed. The law provides for an independent judiciary and the independence of individual prosecutors, who operate within the judiciary and direct police investigations. There continued to be strong indications in significant cases and through the passage of recent legislation that the judiciary remained subject to government, and particularly executive branch, influence.

In December , when prosecutors launched an anticorruption operation and detained dozens of persons with family or business ties to high government officials, the government took immediate steps to reassign prosecutors and police linked to the investigation. Mass reassignments continued throughout the year. By November thousands of police officers were moved due to an alleged connection to the December anticorruption operation, and numerous judges and prosecutors were removed or reassigned.

Investigations also were opened against hundreds of police officers in a series of operations aimed at illegal wiretapping see section 4. Authorities also closed the cases and destroyed case records. None of the original accused remained under criminal investigation. According to media reports, as of November authorities had arrested at least police officers, including some of high rank, and charged them with illegal wiretapping since the crackdown began in July. Critics asserted the government used its influence among judges and prosecutors to ensure the election of handpicked candidates to the High Council of Judges and Prosecutors HSYK , which selects judges and prosecutors for the country's courts and is responsible for court oversight.

Although the constitution provides tenure for judges, the HSYK controls the careers of judges and prosecutors through appointments, transfers, promotions, expulsions, and reprimands. Broad leeway granted to prosecutors and judges, as well as their inclination to protect the state over the individual and alleged partiality, contributed to inconsistent application of criminal laws.

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