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