How to define torture? - on disproportionate use of force by police in Turkey

Abstract

It has been reported that classic torture methods are in decline in Turkey. Brutal use of force by security forces, on the other hand, is still one of the main human rights concerns in the country. Statistics show that very few policemen are prosecuted for using disproportionate use of force, whereas thousands of civilian resisting police are convicted for acting in this way. This article argues that this mal-function partly stems from the misleading definition of torture and its difference from other maltreatment types. It is maintained in this article that the gravity of the pain and suffering loses its importance in the definition of torture. Purpose of the perpetrator, namely to carry out the conduct to achieve a State-related target, and powerlessness of the victim are widely recognised as the decisive factors of the crime. Bearing in mind these changes in the definition of torture, this article examines whether use of force by policemen outside detention centres can be classified as torture under Turkish law. The article concludes that use of force especially to disperse political demonstrations has the potential to meet torture criteria. There-fore, it is contended that the prosecution of these acts pursuant torture provision of the Criminal Code could be an effective tool to fight against impunity policy.