LAW ON THE HUMAN RIGHTS INSTITUTION OF TURKEY

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1 LAW ON THE HUMAN RIGHTS INSTITUTION OF TURKEY

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3 LAW ON THE HUMAN RIGHTS INSTITUTION OF TURKEY June 2014

4 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY 2 LAW ON THE HUMAN RIGHTS INSTITUTİON OF TURKEY Date of approval: Law no: 6332 Purpose and Definitions ARTICLE 1- (1) The purpose of this law is to regulate the establishment of the Turkish Human Rights Institution, which will work towards protection and promotion of human rights, and the principles regarding its organization, duties and powers. Definitions ARTICLE 2- (1) For the purposes of this law; a) Institution: the Turkish Human Rights Institution b) Board: the Turkish Human Rights Board c) President: the President of the Institution and the Board Establishment and Statute ARTICLE 3- (1) The Turkish Human Rights Institution, with public legal entity and administrative and financial autonomy, has been established in order to fulfil the duties and execute the powers conferred on it by this Law and other relevant legislation. (2) The Institution shall be associated with the Prime Ministry. (3) It shall be based in Ankara. The Institution can open bureaus throughout the country and maximum two bureaus abroad. (4) The Institution shall execute the duties and powers conferred on it by this Law and other relevant legislation independently, under its own responsibility. No body, authority, office or individual shall give neither orders or instructions nor recommendations or suggestions to the Board on matters falling under the mandate of the Institution. (5) The Institution shall inform the public on its activities. Duties and Mandate ARTICLE 4- (1) The Institution shall have the duty and power to carry out research activities in order to monitor and evaluate the developments taking place in the area of human rights; to work towards solving the problems; to review and research petitions and applications, and follow-up their outcome; and to carry out activities to protect and promote human rights and prevent violations. (2) The institution shall notify and bring about a complaint to the relevant authorities in cases of any crimes that it comes across during carrying out its duties of investigation, research and reviewing of petitions and applications. Human Rights Board ARTICLE 5- (1) The Turkish Human Rights Board is the decision-making body of the Institution. The Board shall consist of eleven members, including a President and a Deputy President. (2) In order to be appointed as the President of the Board one must: a) Be a national of the Republic of Turkey, b) Not be deprived of public rights,

5 ESTABLISHMENT LAW c) Have no history of conviction of trafficking, money laundering, theft, bribery and extortion, fraud, forgery, breach of confidence, rigging a competitive bidding process, swindled bankruptcy and the crimes against the constitutional order and against functioning of the constitutional order, crimes against security of the state even though they may be subject to amnesty, one year or more than one year imprisonment of wilful crimes even though the periods determined by the Article 53 of the Turkish Criminal Code dated to 26/92004 numbered 5237 has passed, ç) Have completed his military service d) Have no mental disorder that will hinder fulfilling his duties with the reservation of the provisions of Article 53 of Law dated to 14/71965 and no. 657 of the civil servants, e) Have no appointment to an executive or supervisory body of any political parties by the date he/she applied for the Board membership, f) Have at least a university undergraduate degree. (3) Those who meet the eligibility criteria set forth in paragraph (2) and wanting to become a member of the Board, shall notify the Institution of this request in writing. NGOs, unions, social and professional institutions, academics, lawyers, members of press and media, and the experts who are working in the area of human rights, may propose in writing the ones who meet the qualifications of being a Board member. The Institution shall notify according to its relevance, the Presidency, the Prime Ministry of those who meet the membership criteria, for submittal to the Council of Ministers., the Presidency of YÖK and the Bar association, of the ones who meet the membership criteria. (4) a) Two members shall be selected by the President of the Republic from the ones who became distinguished in the area of human rights. b) Seven members shall be selected by the Council of Ministers from the ones who became distinguished in the area of human rights. c) One member shall be selected by YÖK from the professors who became distinguished in the area of human rights at the faculties of law and political science. ç) One member shall be selected from the lawyers who became distinguished in the area of human rights and has worked as a lawyer for at least 10 years, by the presidents of Bar Associations. By the date of notification of candidates by the Institution, in ten days, at the date and place determined by the Presidency of Turkish Bar Associations, the selection is made by the presidents of the bars. Each bar president shall have one vote and the candidate who takes the majority of the votes is counted as a Board member. (5) The President and Deputy-President shall be selected by the Board members. (6) When selecting members, care will be taken to ensure pluralist representation of the civil society, social and professional organizations, unions, universities, members of media and press, lawyers and experts who are working in the area of human rights. (7) The office term for the president and the members shall be 4 years. Those whose terms expire can be re-elected for no more than one more term. (8) The expiry of the office terms of the president and the members shall be announced to the public at least two months in advance by the Institution via appropriate means of communication. Within the one-month period following such announcement, the applications of those meeting the eligibility criteria specified under paragraph (2) shall be submitted to the Prime Ministry by the Institution, for further submittal to the 3

6 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY Council of Ministers to the Presidency, the Presidency of YÖK and to the Bar Association. Those selected as members by the Council of Ministers, YÖK, Presidency and the Bar Association, shall take office upon the end of office of their predecessors. (9) In cases where the offices of the president or members are terminated due to any reason before their normal office term expires, it shall be announced to the public by the Institution within maximum one week, and the applications of those meeting the eligibility criteria specified under paragraph (2) shall be submitted to the Prime Ministry by the Institution within fifteen days following the announcement, for further submittal to the Council of Ministers, to the Presidency, to the Presidency of YÖK and to the Bar Association. Those selected in this manner shall complete the remaining term of their predecessors; those who serve for two years or a shorter period shall not be considered to have served an office term for future selection purposes. (10) Regarding those elected as Board President or Deputy-President while serving in the capacity of a public employee, their ties with their previous institutions and offices shall be ended. In cases where their office terms expire or they file a request for leaving office and apply to their previous institutions within 30 days, including judges and prosecutors, and provided that they do not lose their eligibility for entering civil service, these shall be appointed to cadres suitable to their previously acquired rights within maximum one month following their date of application by the body authorized to make the appointments. From the office end date until the appointment, the Institution shall continue to pay their monthly salary and the relevant social rights and benefits. The periods they serve in the Institution shall be deemed as have been served at the previous agency or organization in terms of personnel and other rights. Membership Guarantee ARTICLE 6- (1) The Board President, Deputy-President and members cannot be dismissed from office for any reason before their office terms expire. However, the Council of Ministers shall terminate the offices of Presidents and members who are identified by the Board to have lost or never met the eligibility criteria. The memberships of Presidents and members who do not sign the Board decisions in due time or who do not submit in writing their reasons for a counter vote within its due time shall also be terminated within the framework of the same procedure. (2) Except the cases falling into the authorization of heavy sentence trial, the President of the Board, the Deputy President and the members cannot be convicted regarding their duties of protection and promotion of human rights; they cannot be interrogated, themselves and their domiciles cannot be searched. However the Prime Ministry shall immediately informed. The authorizing officers and the officers of the security officers who acted against this provision are prosecuted by the office of the attorney general of the Republic according to the general rules. (3) The memberships of those who do not attend a total of 3 Board meetings within a calendar year with no plausible excuses; those whose incapacity due to serious sickness or disability is certified via a health board report; those with a finalized conviction ruled against them with regard to an offence they have committed related to their offices or duties; those whose state of temporary incapacity lasts longer than three months or those who are convicted with a sentence of deprivation of liberty for longer than three months and who start serving their sentence, shall be terminated. 4

7 ESTABLISHMENT LAW Duties and powers of the Board ARTICLE 7- (1) In addition to the duties specified in this Law and in other relevant legislation, the Board shall fulfil the following duties and execute the following powers: a) To identify the field of activity and duty priorities of the Institution within the scope of the duties given in the Law. b) To take decisions on arrangements regarding the Institution and its mandate. c) To monitor the implementation of international human rights conventions to which Turkey is a party to. To submit opinions during the process of preparing the reports which the State is under the obligation to submit to review, monitoring and supervisory mechanisms established by these conventions, by also making use of relevant nongovernmental organizations; and to participate in the international meetings where such reports are to be submitted, via sending a delegate. ç) To decide on establishment of bilateral and multi-lateral relations between the Institution and similar institutions of other countries operating at national or international level; to cooperate with the United Nations and regional human rights organizations, and to decide on joint actions. d) To decide on the membership of the Institution in international unions working in the field of activity of the Institution or on representation of Turkey in these organizations, when deems necessary. e) To prepare annual reports on human rights issues, developments and the performances of public agencies and organizations in this area; to publish these reports and distribute them to relevant persons and organizations. In addition to regular annual reports, to publish special reports on the field of human rights, when deems necessary. f) To conduct visits by a delegation of three members, to the places where people are detained or under protection, when deems necessary. g) To run campaigns and programs encouraging the promotion of human rights and elimination of violations of rights, together with public agencies and organizations and non-governmental organizations. ğ) To decide on the enquiries and reviews made, reports prepared and similar works done by the Institution. h) To discuss and decide on the Institution s strategic plan and budget proposal prepared in conformity with its purposes and objectives. ı) To approve the performance and financial status reports of the Institution. i) To discuss and decide on suggestions related to purchase, sale and lease of immovable properties. Working Principles of the Board ARTICLE 8- (1) The Board shall convene as necessary, at least once a month. The meetings shall be chaired by the President. Board may be called for an immediate meeting to be held in five days, by the President, upon request by minimum five members apart from the President. (2) The agenda of the meetings shall be prepared by the Deputy President in the absence of the President and be submitted to the Board members minimum three days in advance of the meeting. In order to make additions and amendments to the agenda, 5

8 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY one of the Board members shall come up with the proposal and the Board members shall approve it. (3) The Board shall convene with at least seven members present and shall decide with the parallel votes of at least six members. Abstaining votes cannot be cast for decisions. (4) Board decisions shall be established with a minute, and the decision minute shall be signed by all attending members either during the meeting or within maximum five business days following the meeting. The Board decisions shall be consummated within maximum fifteen business days following the meeting where such decision was taken, together with its rationale and any counter-vote rationale. When necessary, this period may be extended by the Board. (5) The president and members cannot participate in debates and voting sessions involving their spouses, offspring and blood relations up to and including third degree and relations by marriage up to and including second degree, or in which they have a personal interest. Any such situation shall also be specified in the decision text. (6) Board meetings shall be closed to public. (7) When considered necessary, relevant persons can be invited to Board meetings in order to hear their opinions. However, Board decisions shall not be taken in the presence of outside participants. (8) Board decisions shall be sent to relevant persons, agencies and organizations within maximum five business days following their finalization. (9) When deems necessary, the Board can announce its decisions to the public via appropriate means in conformity with the principle of confidentiality of personal data. (10) In cases where the President is not at his/her office due to leave of absence, sickness or other cases where he/she may be absent and in cases where the President s office is terminated due to any reason whatsoever, the Deputy-President shall act on behalf of the President. (11) The professional and ethical principles that shall be conformed to by Board members and Institution personnel and other matters concerning the working principles and procedures of the Board shall be governed by a regulation. Organization ARTICLE 9- (1) The organization of the Institution shall consist of the Board and the Presidency. The Presidency shall consist of the Vice President, the service units and working groups. The Board Presidency shall have the duty to implement Board decisions and assist the President and the Board in other matters. (2) Primary and continual services required by the Institution s mandate shall be executed by the President, the Deputy President, the Vice President and the Human Rights Experts and Assistant Experts. President ARTICLE 10- (1) The President is the highest ranking officer of the Institution, and regulates and executes Institution services in accordance with the legislation, the purpose and policies of the Institution, its strategic plan, performance criteria and service quality standards, and ensures coordination between service units. The 6

9 ESTABLISHMENT LAW President shall be responsible for the general management and representation of the Institution. This responsibility shall cover the regulation, execution, inspection and evaluation of Institution s works and their announcement to the public when necessary. (2) The duties and powers of the President are as follows: a) To determine the date, time and agenda of Board meetings and to chair the meetings; b) To ensure the notification of Board decisions and the public announcement of decisions when deemed necessary by the Board, and to monitor the implementation of the decisions; c) To appoint Institution s personnel ç) To finalize suggestions coming from service units and submit them to the Board. d) To determine the Institution s strategic plan, performance criteria, purpose and objectives and service quality standards, and to establish the human resources and working policies e) To prepare the Institution s annual budget and financial tables in accordance with the determined strategies, annual purposes and objectives; f) To prepare guidelines for eradication of practices that violate human rights for public agencies and organizations, and to monitor whether these guidelines are put into practice or not; g) To ensure coordination for the purpose of ensuring that the Board, the Institution and the service units work in harmony in an effective, disciplined and well-ordered manner, and to resolve any issues related to duties and powers as may arise between the same; ğ) To prepare annual activity reports, to evaluate the activities in relation to annual purpose and objectives and performance criteria and to submit them to the Board. h) To execute the relationships of the Institution with other organizations and to represent the Institution. ı) To identify the duties and powers of the personnel authorized to sign on behalf of the Institution President. i) To carry out the other duties related to the management and operation of the Institution. (3) The President may appoint a Vice-President to assist him/her in his/her duties. The following qualifications shall be sought in those who will be appointed as Vice- President: a) Have a degree from a one of the faculties of political science, economy, management or in the area of international relations delivering undergraduate programs of at least 4 years and specified in the relevant regulation or from any other higher education institution abroad the equivalence of which is approved by the Council of Higher Education (YÖK) b) Have professional experience of at least ten years as a civil servant c) Meet the criteria specified under Article 48 paragraph (A) subparagraphs (1), (4), (5), (6) and (7) of the Law on Civil Servants no

10 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY The term of office of the Vice President shall be four years. Those whose office expires can be reappointed as vice president. In cases where the President s office is terminated due to any reason, the office of the Vice President shall also be terminated. Regarding those appointed as Vice-President, including judges and prosecutors, in cases where their office terms end and they apply to their previous institutions, they shall be appointed to cadres suitable to their previously acquired rights within maximum one month following their date of application by the body authorized to make the appointments; from the date of their application until the date of their appointment, they shall continue to receive their salaries and benefit from their financial, social and personnel rights at the Institution. The periods they serve in the Institution shall be deemed as have been served at the previous agency or organization in terms of personnel and other rights. (4) The President may delegate to the Vice President a portion of his/her duties and powers that are not related to the Board, provided that he/she explicitly determines the limits of such delegation in writing. Such delegation of authority shall be notified to relevant parties via appropriate means. Service Units ARTICLE 11- (1) The duties and powers of the service units of the Institution shall be as follows: a) Violation Allegations Inquiry Unit: 1) To inquire into, examine and evaluate any allegations of human rights violations upon application or ex officio, and to monitor and notify the results to relevant persons, agencies and organizations; to take necessary steps for legal action against those found responsible. b) Anti-Torture and Mistreatment Unit 1) To carry out activities to prevent torture and other cruel, inhuman or degrading treatment or punishments; 2) To pay regular visits to places where those deprived of their liberties or those under protection are held; to deliver the reports related to such visits to relevant agencies and organizations, and to disclose them to the public when considered necessary by the Board; to examine and evaluate the reports regarding visits made to such places by boards/ committees that monitor prisons and detention houses, provincial and district human rights boards and other relevant individuals, agencies and organizations. The government agencies and the relevant bodies have the responsibility to assist and facilitate the course of these visits when necessary. c) Legal Affairs Department: 1) To submit opinions and give recommendations to relevant persons, agencies and organizations or to public upon request or on ex-officio basis with regard to draft legislation, legislation and practices concerning human rights and also with regard to other legal matters. 2) To carry out duties assigned to the law departments according to the provisions of the decree law no.659 of 26/9/2011 on the Execution of Legal Services at the government entities having a special budget and at Public Administrations covered by General Budget. 8

11 ESTABLISHMENT LAW 3) To cooperate with national and foreign agencies and organizations in matters concerning its duty area. 4) To follow up due implementation by administration of judicial decisions determining a human rights violation ç) Training Department 1) To work towards spreading awareness on human rights; to this end, to cooperate with relevant persons, agencies and organizations, to submit opinions and make recommendations. 2) To contribute in preparation of the human rights contents of the curriculum of the Ministry of National Education and in establishment of human rights departments at universities in coordination with the Council of Higher Education (YÖK) and in determining the curriculum for such departments 3) To carry out activities oriented to pre-service and in-service human rights trainings of public agencies and organizations 4) To organize human rights training programs oriented to public and private agencies and organizations, if they so request d) External Relations and Projects Department 1) To organize and execute activities concerning the external affairs of the Institution. 2) To prepare and execute human rights projects e) Media and Public Relations Department 1) To organize media relations and follow up the media 2) To regulate and execute the public relations policy. 3) To communicate the results of works oriented to fulfilment of the duties given to the Institution by this Law and other relevant legislation to the relevant institutions, and to disclose them to the public when deemed necessary by the President. f) Information and Documentation Department 1) To build a database and documentation centre on human rights matters 2) To work in the field of information technologies g) Strategy Development Department 1) To carry out the duties given to strategy development and financial services units by La w no of 12/12/2003 on Public Financial Management and Control, Article 15 of Law no of 22/12/2005 and other legislation. ğ) Human Resources and Support Department 1) To determine the personnel policy of the Institution, to carry out activities concerning the training of the personnel and to execute transactions related to personnel rights. 2) To carry out the administrative, financial and social services of the Institution. 3) To carry out duties regarding civil protection and mobilization. (2) The units/departments specified under paragraph (1) shall work under the coordination of Human Rights Experts designated by the President. The Human Rights 9

12 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY Expert who will coordinate the Legal Affairs Department must have completed law internship. (3) Working groups can be established from Institution personnel with the approval of the President. The Groups shall work under the coordination of the personnel assigned by the President. (4) The Institution may establish temporary or permanent boards with the participation of public agencies and organizations, non-governmental organizations and relevant experts to work on subject matters falling under the jurisdiction and mandate of the Institution. (5) Principles and procedures concerning opening and establishing bureaus as well as their duties and powers and other matters shall be determined by the Council of Ministers upon the proposal of the Institution. The principles and procedures regarding the duties, powers other matters related to the functioning of the Bureaus are determined by the Board. Applications ARTICLE 12- (1) Those who claim to have been exposed to human rights violations can apply to the Institution. Effective enjoyment of this right cannot be prevented. (2) Principles and procedures regarding applications shall be governed by a regulation to be issued by the Institution. Examinations, inquiries and visits ARTICLE 13- (1) The examination, inquiry, visiting and report drafting duties and other duties given to the Institution by the Law and other legislation shall be carried out by Human Rights Experts and Assistant Experts and also by other officials. In case authorized by the President, such personnel shall have the authority to request necessary information and documents from all public agencies and organizations and other real and legal persons, to examine and take copies of the same, to receive written and oral information from relevant persons, to visit places where those deprived of liberty and those under protection are housed and to carry out examinations and furnish necessary protocols in such places. (2) A committee can be established with the participation of individuals and representatives from relevant agencies and organizations, led by the Institution personnel designated by the President, for the purpose of conducting on-site examinations and inquiries on matters falling under the jurisdiction and mandate of the Institution. The representatives of public agencies and organizations who will take part in such a committee shall be determined by their own agencies/organizations, and the remaining members of the committee shall be determined by the President. Results of inquiries and/or examinations carried out by such committees shall be compiled into a report by the Institution. The expenses of such committees shall be covered from the Institution s budget. Regular Consultations ARTICLE 14- (1) The Institution shall carry out regular consultations, at least every three months, with public agencies and organizations, non-governmental organizations, higher education institutions, printed and audio-visual media, researchers and relevant persons, agencies and organizations so as to exchange information and opinions on human rights matters and discuss human rights issues. 10

13 ESTABLISHMENT LAW (2) The Institution, regarding the duties and powers mentioned in article 4, shall inform the Human Rights Examination Commission of the Grand National Assembly at least once a year. Provisions concerning Personnel and Employee Rights ARTICLE 15- (1) The Institution personnel shall be subject to Law no. 657 on Civil Servants. The wages foreseen for Human Rights Experts cadres that will be assigned to coordinate the units by the President shall be paid with a 10% increment. (2) Social security rights and obligations of the President, the Deputy President and the Vice-President shall be determined in accordance with the provisions of the Law no. 5510, provided that the provisions of provisional article 4 of Law no on Social Insurances and Universal Health Insurance of 31/5/2006 are reserved. However, when calculating the retirement salaries and monthly salary that will be the basis for insurance premiums or retirement fund deductions, the additional indicators and executive compensations as well as representation and duty compensations and other remunerations determined for Prime Ministry general directors shall be applicable for the President and Deputy President, and those of deputy general directors shall be applicable for Vice Presidents. Terms served in these posts shall be deemed to have been served in posts that require payment of executive compensation or high judge compensation. (3) The President shall be paid wages that shall not exceed the gross overall of all payments being made de facto to Prime Ministry General Directors within the scope of financial rights. The Deputy President shall be paid the wages which shall correspond to 95% of the wage determined for the President. The ones that are exempt from the taxes and other legal cuts, of the wages that are paid to the Prime Ministry General Directors, are also exempt from taxes and other legal cuts. According to the Law no.657 and the other relevant legislation, the President and Deputy President benefit from the same rights and aids as the Prime Ministry General Directors in the framework of the same principles and procedures. Board members shall be paid an attendance fee that shall be calculated by multiplying with the civil servant monthly coefficient the indicators, which shall be (6,000) for those who are under public service and (7000) for those who are not under public service, for each day of de facto service on the Board, provided that the provisions of Law no.6245 on Travel Allowances of 10/2/1954 are reserved. No other cut can be applied to this payment except the stamp tax. In cases where the number of days actually served on the Committee exceeds three, no attendance fee shall be paid for surplus days. (4) At the Institution, contract-based personnel can be employed for works that require specialized knowledge and expertise, in accordance with Article 4 (B) of the Law no. 657 on Civil Servants, from among those who have at least 10 years of professional experience on matters included in the field of activity of the Institution and those with doctorate degrees. The net amount of wages to be paid to such personnel cannot exceed the net amount paid to first degree Human Rights Experts. The number of those employed pursuant to this Article cannot exceed 10% of the number of Human Rights Experts and Assistant Experts actually working at the Institution. (5) The President and members shall be tried in the fashion applicable for public employees in relation to the Turkish Penal Code no Authorizations for investigation of the President and the members as per the Law no on Trial of Civil Servants and Other Public Employees of 2/12/1999 shall be given by the Prime 11

14 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY Minister. Objections to decisions granting or withholding permission for investigation shall be decided by the Council of State. Human Rights Experts and the Assistant Experts ARTICLE 16-(1) In order to be appointed to Human Rights Assistant Expert post at the Institution, one must be graduated from faculties which deliver minimum 4-year undergraduate programs, or from a foreign higher education institution the equivalence of which is approved by the Council of Higher Education (YÖK), in addition to the conditions set forth in Article 48 of the Law no. 657 on Civil Servants. (2) Regarding other matters concerning the recruitment, training, exams, thesis preparation and appointment to the human rights expert position by a proficiency exam of the assistant experts, the provisions of additional article 41 a) Those who will be assigned at the Legal Affairs Department must have completed internship in law. b) Must successfully pass the competitive exam to be held among candidates c) Must not have completed thirty years of age on the date of the exam. (8) Recruitment, education, competitive exam, thesis preparation and qualification exams of Human Rights Experts and Human Rights Assistant Experts as well as their working principles and procedures shall be governed by a regulation. Temporary recruitment of civil servants ARTICLE 17- (1) Those working at centrally-governed public administrations, social security authorities, local administrations, organizations affiliated to local administrations, local administration units, revolving fund organizations, funds established by laws, organizations with public legal entity, organizations where more than 50% of the capital is held by the public, state economic enterprises and public economic enterprises and their affiliates, partnerships and agencies may be appointed at the Institution on a temporary basis with the consent of their employer or, in case of judges and prosecutors, with their own consents, provided that their monthly salaries, appropriations, any and all wage increases and compensations and other financial and social rights and benefits are paid by their employer agencies/organizations. Any requests by the Institution regarding this matter shall be concluded with priority by relevant agencies and organizations. Responsibilities and Prohibitions ARTICLE 18- (1) The President and members shall be subject to the Law on Property Declarations and Combating Bribes and Corruption no.3628 dated 19/4/1990. The President and members shall declare their property within one month following the start and end date of their offices. (2) Presidents, members and Institution staff cannot disclose any confidential information belonging to the public, relevant persons or third persons, any personal data, or any confidential data regarding the Institution, any commercial secrets or the documents thereof, to persons other than the bodies authorized by laws in this matter, and cannot use such information for their own interests or for the interest third parties. This obligation shall continue even after end of office. 12

15 ESTABLISHMENT LAW Responsibilities of the administrators and authorization for administrative arrangements ARTICLE 19- (1) The executives at all levels of the Institution shall be responsible to higher levels for executing their duties in conformity with the legislation, strategic plans and programs, performance criteria and service quality standards. (2) The Institution can make administrative arrangements on matters falling under its mandate and not regulated in any laws. Institution cadres and procurement of services ARTICLE 20- (1) Designation, introduction, utilization and cancellation of Institution cadres and other cadre-related issues shall be governed by the Decree Having the Force of Law no 190 on General Cadre and Procedures, dated 13/12/1983. (2) The Institution can procure services for temporary works that require a specific expertise. The income of the institution ARTICLE 21- (1) The income of the Institution shall be as follows: a) Aids from the general budget b) Any and all kinds of donations, benevolence or bequests to the Institution c) Revenue from investment of Institution s income ç) Other income Amended and repealed legislation, cadre cancellations and introductions ARTICLE 22 (1) The following expressions have been added to the Law no. 657 on Civil Servants: a) In article 36, section on Common Provisions paragraph (A) subparagraph (11), following the phrase Family and Social Policies Assistant Experts, the phrase Human Rights Assistant Experts has been added, and the phrase to Human Rights Expert Post has been added after the phrase to Family and Social Policies Expert post, b) In Article 152, Paragraph II-Compensations (A) Special Service Compensation (ğ), the phrase Human Rights Experts has been added following the phrase Exportation Improvement Experts, c) In the Additional Indicator table no. (I), section I-General Administration Services Class paragraph (g), the phrase Human Rights Experts has been added following the phrase Family and Social Policies Experts (2) In the Decree Having the Force of Law no 375 dated 27/6/1989, additional article 10 paragraph 1, the phrase Turkish Human Rights Institution has been added after the phrase Social Security Institutions, (3) In the Law no on Public Financial Management and Control of 10/12/2003, annexed table (II) section B) Other Special Budget Administrations, the phrase 45) Turkish Human Rights Institution has been added. (4) In Law no of 10/10/1984 on Amendment and Approval of the Decree Having the Force of Law on the Organization of the Prime Ministry, Article 7, paragraph (1) subparagraph (m), article 17A, provisional articles 4, 5 and 6 and the section no.13 of the table attached to said law, which regulates service units, have been rescinded. 13

16 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY (5) The cadre included in attached list no (1) has been cancelled, and deleted from the tables annexed to the Decree Having the Force of Law no. 190, and the cadres shown in the annexed list (2) have been introduced and the same has been added as section on Human Rights Institution in the table (I) annexed to the Decree Having the Force of Law no Provisional Articles PROVISIONAL ARTICLE 1- (1) The initial terms of office of those appointed for the first time as Institution President or Deputy President shall be six years. According to the results of a ballot through drawing names, four of the initial members of the Institution shall have an initial term of office of six years, three shall have an initial term of office of four years and two shall have an initial term of office of two years. (2) a) The candidates who are going to be elected for the first time by the Presidency, shall submit their applications to the Presidency General Secretariat, the ones who are going to be elected by the Council of Ministers, shall submit their candidacy to the Prime Ministry, the candidates who are going to be elected by Higher Education Board shall submit their applications to Directorate of Higher Education and the candidates who are going to be elected by Turkish Bar Association shall submit their applications to the Directorate of Turkish Bar Association, in thirty days the latest by the date of entry into force of this law or they can be proposed by the ones mentioned at paragraph 3 of the article 5. First elections to the Board memberships shall be completed until 23/09/2012 the latest. b) In ten days after the deadline for the applications, at the date and place determined by the Directorate of Turkish Bar Association, elections shall take place by the directors of the Bars. At this election where each director has one vote, the candidate who takes the majority of the votes gets elected. (3) Movable properties, tools, devices, materials, fixtures and vehicles belonging to the Prime Ministry and in use by the Human Rights Presidency as of the date of coming into effect of this Law shall be transferred to the Institution with a protocol between the Prime Ministry and the Institution. (4) Any and all rights and obligations of the Prime Ministry that concern the Human Rights Presidency shall be deemed to have been transferred or, in case of immovables, assigned to the Institution with no requirement for further transactions. (5) As of the date of coming into effect of this Law, the personnel working at the Human Rights Presidency, including those on temporary assignment, and wishing to be appointed at the Institution on a temporary basis, may be temporarily assigned at the Institution pursuant to Article 17, upon their request. (6) Until the Institution s organizational structure is rearranged as per this Law, services to be executed by the Institution shall continue to be executed via the personnel working at the Human Rights Presidency. (7) Until the Institution s bureaus are established, the Provincial and Sub-Provincial Human Rights Boards shall serve as Institution s bureaus. (8) Until a new arrangement is made in accordance with the Year 2012 Central Government Budget Law no dated 21/12/2011, the Institutions 2012 financial expenditure shall be paid from the appropriation made to the Human Rights Presidency in the 2012 budget of the Prime Ministry. 14

17 ESTABLISHMENT LAW (9) All transition, transfer, assignment and succession transactions foreseen in this article and all protocols to be furnished shall be exempt from any and all kinds of taxes, duties, fees, charges and funds. (10) For once only and provided that they have worked for at least 3 years in human rights-related trial, examination, inquiry, inspection, implementation and consultation matters, of those who have entered the profession via a special competitive exam after graduating from a higher education institution determined as per Article 16 paragraph 1 and those appointed as a result of a special qualification exam following a time-limited in-service training, judges and prosecutors and those acknowledged as members of such profession, and academic personnel with at least post-graduate degrees, a) Those scoring at least (C ) in the Public Personnel Foreign Language Skill level Determination (KPDS) test or who bear a certificate approved as equivalent with international recognition, and b) Those who satisfy the eligibility criteria for appointment as Human Rights Assistant Experts and who have not completed their forty-five years of age, shall be appointed as Human Rights Experts in case they successfully pass the qualification exam that will be opened within one year following the date of effect of this Law, in consideration of the success ranking of those entering the exam. Prime Ministry Experts who have served for at least six months at the Prime Ministry Human Rights Presidency and staff members who, as of the effective date of this Law, have been temporarily assigned at the Human Rights Presidency for minimum five years despite being included under the cadre of other public agencies and organizations and who satisfy the qualifications set forth in this paragraph, may be appointed to Human Rights Expert cadres, and Human Rights Assistant Experts who have served for at least six months at the Human Rights Presidency can be appointed to Human Rights Assistant Expert cadres, with the consent of their employer agencies/organizations, if they file a request for such appointment within one year following the entry into force of this Law. The terms served as Prime Ministry Experts and Assistant Experts by Prime Ministry Experts and Assistant Experts shall be deemed to have been served as Human Rights Experts and Assistant Experts, those benefitting from the provisional provision 12 of of the Decree Having Force as Law numbered 375 continue as such, as long as they have the said cadres. The number of those to be appointed as Human Rights Experts in accordance with the provisions of this paragraph cannot exceed 20% of the total cadre number of Human Rights Experts and Human Rights Assistant Experts. Principles concerning the exam shall be determined by means of a regulation that shall be issued by the Institution. Enforcement ARTICLE 23 (1) This law shall become effective on the date of its publication. Execution ARTICLE 24- (1) The provisions of this Law shall be executed by the Council of Ministers. 15

18 NATIONAL HUMAN RIGHTS INSTITUTION OF TURKEY LIST NO (1) INSTITUTION: PRIME MINISTRY ORGANIZATION: CENTRAL CANCELLED CADRES CLASS TITLE TOTAL NUMBER CADRE DEGREE OF CADRES GİH Human Rights President 1 1 TOTAL 1 LIST NO (2) INSTITUTION: HUMAN RIGHTS INSTITUTION OF TURKEY ORGANIZATION: CENTRAL CLASS INTRODUCED CADRES TITLE CADRE DEGREE VACANT CADRES TOTAL # OF CAD- RES GİH Vice President GİH Human Rights Expert GİH Human Rights Expert GİH Human Rights Expert GİH Human Rights Expert GİH Human Rights Expert GİH Human Rights Expert GİH Human Rights Assistant Expert GİH Financial Services Expert SH Social Services Expert SH Psychologist GİH Translator-Interpreter TH Librarian GİH Civil Servant GİH Civil Servant GİH Computer Operator GİH Secretary GİH Secretary GİH Switchboard Operator TOTAL

19

20 Address: Yüksel Cad. No: 23, Kat 3, Yenişehir Ankara/TURKEY Phone: +90 (312) /20 Fax: +90 (312)