E/CN.4/1996/72 page 32 was formed that the generalized accusations levelled against Lower Saxony judges, public prosecutors and lawyers contained in the ’Press statement to the public’ enclosed with the note verbale of the Turkish embassy are untenable. 75. The constitutional principle of the independence of the judiciary has been explained several times to the inmates concerned by the governor of Hanover Prison and the chairman of the Sub-Committee ’Prison and Support of Convicts’ of the Legal and Constitutional Committee of the Regional Parliament of Lower Saxony. Regardless of this, on inspection of the warrants of arrest and the sentences on which the detention of the inmates on hunger strike was based, the chairman of the Sub-Committee stated that he had found no indications of prejudice, poor investigation or disadvantages suffered by non-German convicted persons with regard to the extent of their sentences. In the same vein, there were no indications either of confessions having been forced or of their not having led to milder sentences in accordance with the principles for sentencing contained in the Criminal Code (sect. 46). Furthermore, those concerned, almost all of whom have counsel, were and are able to appeal the sentences imposed on them, and thus to have their convictions changed. 76. In so far as the inmates complain in general terms of ’errors and unfairness’ by the public prosecution office, it is pointed out that under law, public prosecutors are independent representatives of the administration of justice. There is no knowledge of unprofessional breaches of duty with regard to individual inmates on hunger strike. 77. An exchange of correspondence has not taken place with regard to this matter between the Turkish Consulate General in Hanover and the Ministry of Justice of Lower Saxony. On 30 March 1995, Consul-General Mehmet Emre expressed his thanks for the detailed information provided. 78. The inmates have been informed that, because the matter is being dealt with in Parliament by the organs of the Regional Parliament of Lower Saxony which have a mandate in this matter, there is no reason for an additional interview with the Minister of Justice, Ms. Alm-Merk. In so far as the inmates have named others with whom they wish to speak, they are free to invite these individuals themselves." Case No. 1995/12 Identity Züleyha Oztürk (Ms.) Allegations Place: Hamburg Date: 6 April 1995 79. It has been reported that Ms. Oztürk, a Turkish national, was the victim of brutal treatment by two police officers, who forcibly entered the flat

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