The crime of torture and the crime of maltreatment in the 5237 numbered Turkish Penal Code

Torture, is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person in a way that it damages physical and mental integrity of the victim and constitutes severe assault against human dignity by a public official.Since torture and the like of maltreatment is applied during trials, the right of the convict or the suspect to silence, right to not to be forced to express statements that would accuse himself or the relatives, thus; the right to just trial is violated indirectly. Torture and maltreatment is a serious violation of human rights. Therefore, a large number of supranational documents that prohibit torture and develop various supervising mechanisms. The various claims of torture made in modern Turkey and the fact that EU is constantly overwhelming Turkey on torture demonstrates us how important the issue is.Maltreatment is causing one to suffer, as a result of various acts. Maltreatment was first acknowledged in the 5237 Numbered Turkish Penal Code and it will have an important function in protecting fundamental rights.Purpose of our study is to define the concepts of torture, maltreatment and acts of insulting which are the most serious violations of fundamental rights and freedoms, to explain their historical developments, to define their position in the international documents and to investigate them in the light of the 94 numbered article which regulates crime of torture, and 95 numbered article which regulates crime of maltreatment within the context of the 5237 numbered Turkish Penal Code.