Torture was prohibited by various international and regional conventions that came into force after the Second World War, especially the Universal Declaration of Human Rights adopted by the United Nations (UN) General Assembly in 1948. The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment entered into force and on 26 June 1987 in order to combat torture more effectively. Today, 26 June, when the Convention, to which the 173 states are party, was accepted, was declared as the "the UN International Day in Support of Victims of Torture" with the decision No. 52/149 taken by the UN General Assembly on 12 December 1997.
The Convention, signed by Türkiye on January 25, 1988, entered into force on April 29, 1988 in Türkiye. With the article 2 of the Convention stating that “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” torture is absolutely prohibited. Unlike the conventions that prohibited torture earlier, the Convention also aimed to combat impunity for perpetrators of torture and envisaged measures to that end. The Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), which came into force in 2006, is the OPCAT, which refers to establishment of a system for preventing torture and other cruel, inhuman or degrading treatment or punishment in which independent international and national bodies pay regular visits to places where persons were deprived of their liberty. In addition, support is provided to victims of torture and their families through the "UN Volunteer Fund for Torture Victims", which was established under the UN General Assembly's resolution in 1981.
Türkiye effectively fights against torture both by being a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, OPCAT and other human rights conventions, and by making extensive arrangements in its national legislation. The prohibition of torture in the national legislation is guaranteed by the statements take place in Article 17 of the Constitution of the Republic of Türkiye: “No one shall be subjected to torture or ill-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.”
In Article 77 of the Turkish Penal Code No. 5237, systematically committing the act of torture against a part of the society with political, philosophical, racial or religious motives, in line with a plan, is defined as a crime against humanity; stating that “Any public officer who acts against a person that is incompatible with human dignity and that will cause bodily or mental pain, affect his / her perception or will ability, or humiliate him / her, is sentenced to imprisonment from three years to twelve years.” in Article 94, the crime of torture and the penal sanction envisaged in return were regulated. In 2013, by adding to the fourth paragraph of the aforementioned Article, “the statute of limitations cannot be committed due to this crime.” another important step was taken in the fight against torture.
Another regulation in the national legislation is in the Law No. 6701 on the Human Rights and Equality Institution of Türkiye, which entered into force in 2016. In Article 1 of the Law, fighting against torture and ill-treatment effectively and working as a National Prevention Mechanism are among the main duties of the Human Rights and Equality Institution of Türkiye (HREIT). HREIT, which was assigned as the National Prevention Mechanism within the framework of OPCAT, which Türkiye signed in 2005 and whose approval process was completed in 2011; pays regular, informed or unannounced visits to the places where persons deprived of their liberty or under protection.
With these visits, on-site investigations are carried out within the scope of the prohibition of torture and ill-treatment, private meetings are held with the people in these institutions, reports are made as a result of the visits, recommendations are made to the institution visited, the authorities responsible for the supervision and control of these institutions, and other relevant institutions, is also shared with the public.
These visits assume a "preventive" task in terms of combating torture. Because the underlying purpose of the regular visitation system established with the OPCAT is primarily the prevention of torture. However, it is necessary to ensure that acts of torture that have occurred should not be allowed to go unpunished, systems that allow torture should be abolished, and compensatory opportunities such as rehabilitation should be provided for torture victims.
As the Human Rights and Equality Institution of Türkiye, one of the main duties of which is to effectively fight against torture and ill-treatment; on the occasion of the "the UN International Day in Support of Victims of Torture", we condemn acts that are not befitting human dignity, reiterate that we stand by all victims of torture, and hope that our work will contribute to the effort to achieve a world without torture.