ELCI AND OTHERS v. TURKEY JUDGMENT 93 decisions taken, or acts performed by them in the exercise of the powers conferred on them by this legislative decree, and no application shall be made to any judicial authority to that end. This is without prejudice to the rights of individuals to claim reparation from the State for damage which they have been caused without justification.” 594. Under the Code of Obligations, anyone who suffered damage as a result of an illegal or tortious act could bring an action for damages (Articles 41 to 46) and non-pecuniary loss (Article 47). The civil courts were not bound by either the findings or the verdict of the criminal court on the issue of the defendant's guilt (Article 53). 595. However, under Article 13 of Law No. 657 on State Employees, anyone who had sustained loss as a result of an act done in the performance of duties governed by public law could, in principle, only bring an action against the authority by whom the civil servant concerned was employed and not directly against the civil servant (see Article 129 § 5 of the Constitution and Articles 55 and 100 of the Code of Obligations). That was not, however, an absolute rule. When an act was found to be illegal or tortious and, consequently, was no longer an “administrative act” or deed, the civil courts could allow a claim for damages to be made against the official concerned, without prejudice to the victim's right to bring an action against the authority on the basis of its joint liability as the official's employer (Article 50 of the Code of Obligations). III. RELEVANT INTERNATIONAL MATERIAL 596. The European Committee for the Prevention of Torture (the “CPT”) carried out seven visits to Turkey between 1990 and 1997 in response to the considerable number of reports received from a variety of sources containing allegations of torture or other forms of ill-treatment of persons deprived of their liberty, in particular, those held in police custody. The CPT issued two public statements during this period. 597. In its public statement adopted on 15 December 1992, the CPT concluded that torture and other forms of severe ill-treatment were important characteristics of police custody. On its first visit in 1990, hosing with pressurised cold water was amongst the types of ill-treatment constantly alleged. Its medical examinations disclosed clear evidence consistent with very recent torture and other severe ill-treatment of both a physical and psychological nature. The on-site observations in police establishments revealed extremely poor material conditions of detention. 598. On its second visit in 1991, it found that no progress had been made in eliminating torture and ill-treatment by the police. Many persons complained of similar types of ill-treatment. Once again, a number of the persons making such claims were found on examination to display marks or conditions consistent with their allegations. On its third visit, from