This study, discusses the meaning and the value of a regulation which was made in the context of "prevention of torture", constituting one of the obligations that has been undertaken by Turkey with the Accession Partnership Document and National Program within the process of "full membership" beginning with the Helsinki summit held on 10-11 December 1999. It has been stated in Article 3 of the Act No.4748 which has been promulgated by being published in the Official Journal (dated 9.4.2002) that the right of recourse can be used against the public officer who has tortured, for compensation which will be paid due to European Court of Human Rights' (ECHR) verdict against Turkey because of the violation of "prohibition against torture" which has been provided in Article 3 of European Convention on Human Rights. Even if this article may at first sight seem to have had a serious effect on preventing torture and been the expression of sincereness of the political will; at a closer look, it can be understood that it cannot be so possible for this regulation itself in its present form to serve as a means for the fight against torture. In the study, after the chapters focusing on the national and international general view on prohibition of torture, it is discussed why recourse with its present form cannot be an effective way in preventing torture and in which conditions it can be effective.