Draft Law on the Human Rights Institution of Turkey (Government Bill)

Purpose and Definitions

ARTICLE 1- (1) The purpose of this Law is to regulate the establishment, organization, duties, and authorities of the Human Rights Institution of Turkey to carry out activities aimed at protecting and developing human rights. (2) In the implementation of this Law; a) Institution: Refers to the Human Rights Institution of Turkey, b) Board: Refers to the Human Rights Board of Turkey, c) President: Refers to the President of the Institution and the Board.

Establishment and Duties

ARTICLE 2- (1) The Human Rights Institution of Turkey, possessing public legal personality, administrative and financial autonomy, and a special budget, has been established to perform the duties and exercise the authorities granted by this Law and other relevant legislation. The Institution is affiliated with the Prime Ministry. The headquarters of the Institution is in Ankara. The Institution may open offices within the country and, not exceeding two in number, abroad. (2) The Institution is authorized and tasked with monitoring and evaluating developments in the field of human rights; conducting studies toward the resolution of problems; examining and investigating complaints and applications and following up on their results; and carrying out activities for the protection, development of human rights, and the prevention of violations. (3) The Institution shall perform its duties and exercise its authorities granted by this Law and other legislation independently and under its own responsibility. No organ, authority, office, or person may issue orders or instructions, or make suggestions or recommendations to the Board regarding matters within its scope of duty. (4) The Institution shall inform the public to the maximum extent regarding its activities through the internet and official bulletins. (5) Managers at all levels of the Institution are responsible to higher levels for conducting their duties in accordance with the legislation, strategic plans and programs, performance criteria, and service quality standards. (6) The Institution may issue administrative regulations on matters falling within its scope of duty, authority, and responsibility that have been previously regulated by law. (7) The determination, creation, use, and cancellation of the Institution's cadres, as well as other matters related to cadres, shall be regulated according to the provisions of the Decree-Law No. 190 on General Cadre and Procedure dated 13/12/1983. (8) The Institution may purchase services for temporary tasks or those requiring specific expertise. (9) The revenues of the Institution consist of: a) Grants to be made from the general budget. b) All kinds of donations, aids, and testaments to be made to the Institution. c) Revenues obtained from the appraisal of the Institution's incomes. ç) Other revenues.

Human Rights Board of Turkey

ARTICLE 3- (1) The Human Rights Board of Turkey is the decision-making body of the Institution. The Board consists of eleven members, including one President and one Second President. (2) To be eligible as a President or member of the Board, one must: a) Carry the conditions specified in sub-clauses (1), (4), (5), (6), and (7) of paragraph (A) of Article 48 of the Civil Servants Law No. 657 dated 14/7/1965, b) Not have served in the management and audit organs of any political party or have resigned from such duties, c) Have completed at least an undergraduate level of higher education. (3) Those who possess the qualifications specified in the second paragraph and wish to be Board members shall convey their request in writing to the Institution. The Institution shall notify the Prime Ministry of those who have the qualifications for membership to be submitted to the Council of Ministers. (4) The President, Second President, and members shall be selected by the Council of Ministers from among those carrying the conditions specified in the second paragraph. In selections, care shall be taken to ensure the pluralistic representation of relevant civil society, social and professional organizations, currents of thought, universities, and experts. (5) The term of office for the President and members is four years. Those whose term expires may be re-selected for at most one additional term. (6) At the latest two months before the expiration of the terms of the President and members, the situation shall be announced to the public by the Institution through appropriate communication tools. Within one month following the announcement, applications of those carrying the conditions in the second paragraph shall be forwarded by the Institution to the Prime Ministry to be submitted to the Council of Ministers. Those selected as President, Second President, and members by the Council of Ministers shall commence their duties following the termination of the memberships of the persons they were selected to replace. (7) In the event that the duties of the President and members end for any reason before their terms expire, the situation shall be announced to the public by the Institution within at most one week from the date of termination, and within fifteen days following the announcement, applications of those carrying the conditions in the second paragraph shall be forwarded by the Institution to the Prime Ministry to be submitted to the Council of Ministers. Those selected in this manner shall complete the remaining term of the persons they were selected to replace; those serving for two years or less shall not have this duty counted as a selection term. (8) The relationship of those selected for the Presidency and Second Presidency of the Board while being public officials with their previous institutions and duties shall end. Provided they do not lose the conditions for entering the civil service, including judges and prosecutors, in the event their term ends or they request to leave office and apply to their previous institutions within thirty days, they shall be appointed by the appointing authority to cadres suitable for their status within at most one month from the application date. From the date the duty ends until the appointment is made, the payment of the monthly salary, social rights, and aids they were receiving shall continue to be paid by the Institution. The time they spent at the Institution shall be considered as spent in their previous institutions or organizations in terms of personnel and other rights. (9) The President, Second President, and members of the Board cannot be dismissed from their duties before their terms expire for any reason. However, the duties of the President and members whose failure to meet or loss of the necessary conditions for selection is detected by the Board shall be terminated by the Council of Ministers. The memberships of the President and members who do not sign Board decisions within the period or do not notify their dissenting opinions in writing within the period shall also be terminated within the same framework of procedure. (10) The memberships of those who do not attend a total of three Board meetings within a calendar year without a mazeret (excuse) acceptable by the Board; those whose inability to work due to serious illness or disability is determined by a health committee report; those against whom a conviction decision for crimes committed regarding their duties becomes final; those whose temporary incapacity for work exceeds three months; or those sentenced to more than three months of imprisonment and whose execution of the sentence has actually commenced, shall be dropped. (11) The President and members are subject to the Law on Declaration of Assets, Combatting Bribery and Corruption No. 3628 dated 19/4/1990. The President and members shall declare their assets within one month from the date they start their duties and the date their duties end. (12) The President, members, and Institution personnel may not disclose confidential information belonging to the public, relevant parties, and third parties, personal data, confidential information regarding the Institution, commercial secrets, and documents belonging to these, acquired during the performance of their duties, to anyone other than the authorities legally authorized in this regard, nor can they use them for their own or third parties' benefit. This obligation continues after leaving office.

Duties, Authorities, and Working Principles of the Board

ARTICLE 4- (1) The Board, in addition to the duties specified in this Law and other legislation, performs the following duties and exercises the following authorities: a) To decide on the examinations and investigations conducted, reports prepared, and similar works by the Institution. b) To take decisions regarding the making of regulations related to the Institution and its field of duty. c) To determine the activity field and priority of duties of the Institution within the scope of duties given by law. ç) To discuss and decide on the budget proposal prepared in accordance with the strategic plan, goals, and objectives of the Institution. d) To approve reports showing the performance and financial status of the Institution. e) To discuss and decide on proposals regarding the purchase, sale, and leasing of immovable property. f) To monitor the implementation of international human rights conventions to which Turkey is a party. To provide opinions during the preparation of reports that the State is obliged to submit to the examination, monitoring, and audit mechanisms established by these conventions, by utilizing relevant non-governmental organizations; to participate in international meetings where these reports will be presented by sending a delegation representative. g) To decide on the Institution's establishment of bilateral and multilateral relations with institutions of other countries having similar functions at national or international levels. To decide on cooperation and joint activities with the United Nations and regional human rights organizations. ğ) When deemed necessary, to decide on the Institution's membership in international unions working in its own field or on Turkey's representation in these organizations. h) To prepare annual reports evaluating problems and developments in the field of human rights and the performance of public institutions and organizations in this field, to publish them, 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 deemed necessary. ı) To carry out campaigns and programs promoting the development of human rights and aimed at eliminating rights violations together with public institutions, organizations, and non-governmental organizations. (2) The Board meets at least once a month and in necessary cases. The President chairs the meetings. (3) The Board meets with the presence of at least seven members and takes decisions with the votes of at least six members in the same direction. Abstention votes cannot be used in decisions. (4) Board decisions are recorded in minutes, and the decision minutes are signed by all members attending the meeting during the meeting or at the latest within five business days following the meeting. Board decisions are finalized with their justifications and dissenting opinions, if any, within at most fifteen business days from the meeting date they were taken. When necessary, this period can be extended by the Board. (5) The President and members cannot participate in deliberations and voting on matters concerning themselves, their spouses, adopted children, and relatives by blood up to the third degree inclusive, and relatives by marriage up to the second degree inclusive, or matters in which they have a personal interest relationship. This situation is explicitly stated in the decision text. (6) Board meetings are confidential. When needed, relevant persons may be invited to the Board meeting to benefit from their opinions. However, Board decisions cannot be taken in the presence of those participating from outside. (7) Board decisions are sent to the relevant person, institution, and organizations within at most five business days from their finalization. (8) The Board may, in cases it deems necessary, announce its decisions to the public through appropriate means in accordance with the principle of confidentiality of personal data. Decisions whose disclosure is harmful in terms of individual rights and public order are outside this provision. (9) In the event of the President's leave, illness, absence from duty for other reasons, or the termination of duty for any reason, the Second President shall act as the proxy for the President. (10) The professional and ethical principles to be followed by Board members and Institution personnel, and other matters regarding the working procedures and principles of the Board, shall be regulated by a regulation.

Organization, Duties and Authorities of the President

ARTICLE 5- (1) The organization of the Institution consists of the Board and the Presidency. The Presidency consists of the Vice President, service units, and working groups. The Presidency is responsible for implementing Board decisions and assisting the President and the Board in other matters. (2) The primary and continuous services required by the duties of the Institution shall be carried out by the President, Second President, Vice President, and Human Rights Experts and Assistant Experts. (3) The President is the highest superior of the Institution and organizes and carries out Institution services in accordance with the legislation, the Institution's purposes and policies, strategic plan, performance criteria, and service quality standards, and ensures coordination among service units. The President is responsible for the general management and representation of the Institution. This responsibility encompasses the duties and authorities of organizing, executing, auditing, evaluating, and when necessary, announcing the work of the Institution to the public. (4) The duties and authorities of the President are as follows: a) Determining the agenda, day, and hour of Board meetings and chairing the meetings. b) Ensuring the notification of Board decisions and the announcement of those deemed necessary by the Board to the public, and monitoring their implementation. c) Appointing Institution personnel. ç) Giving the final form to proposals coming from service units and presenting them to the Board. d) Determining the Institution's strategic plan, performance criteria, purposes and targets, service quality standards, and creating human resources and working policies. e) Preparing the annual budget and financial tables of the Institution in accordance with determined strategies, annual purposes, and targets. f) Preparing guides for public institutions and organizations aimed at eliminating practices contrary to human rights and monitoring whether these are implemented. g) Ensuring coordination so that the Board, the Institution, and service units work in a harmonious, efficient, disciplined, and orderly manner, and resolving duty and authority problems that may arise among them. ğ) Preparing annual activity reports, evaluating activities according to annual purposes, targets, and performance criteria, and presenting them to the Board. h) Conducting the Institution's relations with other organizations and representing the Institution. ı) Determining the scope of duty and authority of personnel authorized to sign on behalf of the President of the Institution. i) Performing other duties regarding the management and operation of the Institution. (5) The President may appoint a Vice President to assist in duties related to the Institution. For those to be appointed as Vice President, the following conditions are sought: a) Graduating from faculties providing at least four years of undergraduate education in subjects within the activity field of the Institution and determined by regulation, or from higher education institutions abroad whose equivalence is accepted by the Council of Higher Education, b) Having at least ten years of professional experience in civil service, c) Carrying the qualifications specified in sub-clauses (1), (4), (5), (6), and (7) of paragraph (A) of Article 48 of the Civil Servants Law No. 657. The term of office for the Vice President is four years. Those whose duties end can be re-assigned. In the event the President's term ends for any reason, the Vice President's duty also ends. (6) Those appointed to the Vice Presidency, including judges and prosecutors, in the event their duties end, shall be appointed to a cadre suitable for their status by the appointing authorities within at most one month if they apply to their former institutions or organizations; they shall continue to benefit from financial, social, and personnel rights at the Institution and receive their salaries from the date they apply until the date they are appointed. The time they spent at the Institution shall be considered as spent in their previous institutions or organizations in terms of personnel and other rights. (7) The President, provided the limits are clearly determined in writing, may delegate a part of his duties and authorities not related to the Board to the Vice President. The delegation of authority shall be announced to relevant parties through appropriate tools.

Service Units

ARTICLE 6- (1) The service units and their duties and authorities are as follows: a) Unit for the Examination of Violation Allegations;

To examine, investigate, and evaluate all kinds of human rights violation allegations upon application or ex officio; to notify relevant persons, institutions, and organizations of their results and follow up on them, and to take initiatives for the initiation of legal actions against those found responsible. b) Unit for Combatting Torture and Ill-treatment;
To conduct activities for the prevention of torture and other cruel, inhuman, or degrading treatment or punishment.
To carry out regular visits to places where persons deprived of their liberty or placed under protection are located, to forward reports regarding these visits to the relevant institutions and organizations, and to disclose them to the public if deemed necessary by the Board; to examine and evaluate reports regarding visits carried out to such places by prison and detention center monitoring boards, provincial and district human rights boards, and other persons, institutions, and organizations. c) Legal Unit;
To provide opinions and make recommendations upon request or ex officio to relevant persons, institutions, and organizations or the public regarding draft legislation on human rights, legislation, practices, and other legal matters.
To represent the Institution in lawsuits it is a party to, to carry out legal services, and to follow up and coordinate lawsuits represented through the purchase of services by the Institution.
To cooperate with local and foreign institutions and organizations on matters within the scope of its duty.
To monitor the proper implementation by the administration of judicial decisions that have detected human rights violations. ç) Education Unit;
To work for the dissemination of human rights awareness; to cooperate with relevant persons, institutions, and organizations for this purpose, to provide opinions and make recommendations.
To contribute to the preparation of sections related to human rights in the Ministry of National Education curriculum; to contribute to the establishment of human rights departments and the determination of the curriculum at universities under the coordination of the Council of Higher Education.
To carry out activities regarding the pre-service and in-service human rights training of public institutions and organizations.
To organize human rights training programs for public institutions, organizations, and private organizations upon their request. d) External Relations and Project Unit;
To organize and carry out activities regarding the external relations of the Institution.
To prepare and carry out projects regarding human rights. e) Media and Public Relations Unit;
To organize relations with the media and monitor the media.
To organize and carry out the public relations policy.
To forward the results of the activities carried out for the fulfillment of the duties given to the Institution by this Law and other legislation to the relevant institutions and organizations, and to disclose them to the public if deemed necessary by the President. f) Information and Documentation Unit;
To create a database and documentation center on human rights issues.
To carry out activities in the field of information technologies. g) Personnel Unit:
To determine the personnel policy of the Institution, carry out activities on the training of personnel, and manage personnel transactions. ğ) Management Services Unit;
To perform the duties given to strategy development and financial services units by the Public Financial Management and Control Law No. 5018, Article 15 of Law No. 5436 dated 22/12/2005, and other legislation.
To carry out the administrative, financial, and social services of the Institution. (2) The units specified in the first paragraph shall operate under the coordination of Human Rights Experts determined by the President. The Human Rights Expert who will carry out the coordination of the Legal Unit must have completed an attorney internship. (3) Working groups can be formed from Institution personnel with the approval of the President. Groups operate under the coordination of personnel to be assigned by the President. (4) The Institution may establish temporary and permanent boards with the participation of public institutions and organizations, non-governmental organizations, and experts on the subject to carry out activities related to matters within its scope of duty. (5) The procedures and principles regarding the opening, establishment, duties, and authorities of offices, and other matters, shall be determined by the Council of Ministers upon the proposal of the Institution.

Applications, Examination, Investigation and Visits, and Regular Consultations

ARTICLE 7- (1) Persons claiming to have been subjected to human rights violations may apply to the Institution. (2) Procedures and principles regarding applications shall be determined by a regulation to be issued by the Institution. (3) The duties of examination, investigation, visits, and report preparation given to the Institution by this Law and other legislation, along with other duties, shall be performed by Human Rights Experts, Assistant Experts, and other officials. These, in the event of authorization by the President, are authorized to request relevant information and documents from all public institutions and organizations and other real and legal persons, to examine and take copies of these, to receive written and oral information from relevant parties, to visit places where persons deprived of their liberty or placed under protection are located, to conduct examinations there, and to arrange necessary minutes. (4) To conduct on-site examination and investigation on matters within the Institution's duty and authority area, a delegation may be formed under the chairmanship of Institution personnel determined by the President, with the participation of representatives of relevant institutions and organizations and persons. Representatives of public institutions and organizations to serve in the delegation shall be determined by their own institutions and organizations, and other persons shall be determined by the President. The results of examination and investigation carried out by delegations shall be compiled into a report by the Institution. The expenses of the delegations shall be covered from the Institution's budget. (5) The Institution shall carry out regular consultations at least once every three months with public institutions and organizations, non-governmental organizations, higher education institutions, press-media organizations, researchers, and other relevant persons, institutions, and organizations to discuss human rights problems and exchange information and opinions on human rights issues.

Provisions Regarding Personnel and Personnel Rights

ARTICLE 8- (1) Institution personnel are subject to the Civil Servants Law No. 657. In the Institution, Vice President, Human Rights Expert, and Human Rights Assistant Expert cadres may be employed as contracted personnel, provided they are shown as counterparts, without being subject to the provisions of the Civil Servants Law No. 657 and other laws regarding the employment of contracted personnel. The contract procedures and principles of those to be employed in this manner, as well as the floor and ceiling wages and all types of payments by title, shall be determined by the Council of Ministers. The contract wage of Vice Presidents shall be determined by the decision of the Council of Ministers not to exceed the contract wage of Prime Ministry General Managers, and the contract wage of Human Rights Experts and Assistant Experts not to exceed the contract wage of Prime Ministry Experts and Assistant Experts. To the mentioned personnel, bonuses in the amount of one month's contract wage shall be paid in January, April, July, and October, proportional to the days worked, including sick and annual leaves. From among these, those who are determined to have performed successful work compared to their peers as a result of superior effort and activity may be paid incentive bonuses in the amount of one month's contract wage in June and December with the approval of the President. Human Rights Experts assigned by the President for the coordination of units shall be paid the contract wage foreseen for their cadres with a ten percent increase. Civil servants working in the Institution's cadres shall benefit from the overtime pay utilized by Prime Ministry personnel according to the same procedures and principles. (2) The social security rights and obligations of the President, Second President, and Vice President shall be determined according to the provisions of Law No. 5510, provided that the provisions of temporary Article 4 of the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006 are reserved. However, in the calculation of the monthly wage and pension to be taken as the basis for insurance premiums or retirement deductions, the additional indicator and office compensation, as well as representation or duty compensation and other payment elements determined for Prime Ministry General Managers for the President and Second President, and for Deputy General Managers for the Vice President, shall be taken into account. Time spent in these duties shall be considered as spent in duties requiring the payment of office compensation or high judicial compensation. (3) To the President, a wage shall be paid as determined by the decision of the Council of Ministers, not to exceed the gross total of all types of payments actually being made within the scope of financial rights to Prime Ministry General Managers; to the Second President, a wage in the amount of ninety-five percent of the wage determined for the President shall be paid. To Board members, provided that the provisions of the Travel Expense Law No. 6245 dated 10/2/1954 are reserved, for each day they actually perform their duties, an attendance fee in the amount resulting from multiplying the indicator figure (5,000) for those holding a public office and (6,000) for those not holding a public office by the civil servant monthly coefficient shall be paid. No deduction other than stamp tax shall be made from this payment. In the event that the number of days actually worked in a month exceeds three, no attendance fee shall be paid for the exceeding days. (4) In the Institution, contracted personnel may be employed according to paragraph (B) of Article 4 of the Civil Servants Law No. 657 for tasks requiring special knowledge and expertise, from among those having at least ten years of professional experience in subjects related to the Institution's field of activity and those holding a doctor title and degree. The net amount of wages to be paid to this personnel cannot exceed the net amount paid to a first-degree Human Rights Expert. The number of those to be employed according to this paragraph cannot exceed ten percent of the number of Human Rights Experts and Assistant Experts actually working in the Institution. (5) The President and members shall be prosecuted like public officials in terms of the Turkish Penal Code No. 5237 dated 26/9/2004. Investigation permissions for the President and members shall be given by the Prime Minister in accordance with the Law on the Prosecution of Civil Servants and Other Public Officials No. 4483 dated 2/12/1999. Appeals against decisions regarding the granting or not granting of investigation permission shall be decided by the Council of State. (6) To be appointed as a Human Rights Assistant Expert in the Institution, the following conditions are sought in addition to the conditions listed in Article 48 of the Civil Servants Law No. 657: a) Graduating from faculties providing at least four years of undergraduate education in subjects within the activity field of the Institution and determined by regulation, or from higher education institutions abroad whose equivalence is accepted by the Council of Higher Education; completing attorney internship for those to be assigned to the Legal Unit. b) Being successful in the competitive examination to be held. c) Not having reached thirty years of age on the date the exam is held. (7) Those appointed as Human Rights Assistant Experts; provided they work for at least three years, receive a positive record each year, and their expertise thesis to be prepared on subjects determined by the units they are employed in is accepted by the formed thesis jury, shall gain the right to enter the proficiency exam. Those who do not present their theses within the period or whose prepared theses are not accepted shall be given an additional period not exceeding one year to present their theses or prepare a new thesis. Those who are successful in the proficiency exam, provided they submit a document showing they have received at least (C) level or an equivalent accepted international valid foreign language score from the Public Personnel Foreign Language Proficiency Level Determination Exam to the Institution, shall be appointed as Human Rights Experts. Those who are not successful in the exam or those who do not use their exam right without a valid excuse despite being entitled to enter the exam shall be given a second exam right within one year. Those who do not present their theses within the given additional period or whose second prepared theses are also not accepted, those who cannot show success in the second exam or do not use their exam right, and those who receive a negative record shall lose the title of Human Rights Assistant Expert and shall be reported to the State Personnel Presidency to be appointed to cadres suitable for their educational status in other public institutions and organizations. (8) The recruitment, training, competitive examination, thesis preparation, and proficiency exam of Human Rights Experts and Assistant Experts, as well as their working procedures and principles, shall be regulated by a regulation. (9) Those working in public administrations within the scope of central management, social security institutions, local governments, affiliated organizations of local governments, local government unions, organizations with revolving funds, organizations established by laws, organizations where more than fifty percent of the capital belongs to the public, economic state enterprises and public economic organizations and their affiliated partnerships and establishments may be temporarily assigned to the Institution with the consent of their institutions, and judges and prosecutors with their own consent, provided that their monthly salaries, allowances, all kinds of increments and compensations, and other financial and social rights and aids are paid by their institutions. Requests of the Institution in this regard shall be concluded primarily by the relevant institutions and organizations.

Amended and Repealed Legislation, Cadre Cancellation and Creation

ARTICLE 9- (1) In the Civil Servants Law No. 657; a) To sub-clause (11) of paragraph (A) of the "Common Provisions" section of Article 36, the phrase "Human Rights Assistant Experts," has been added after "Status of Women Assistant Experts," and "to Human Rights Expertise," after "to Status of Women Expertise,", b) To sub-clause (i) of the "(A) Special Service Compensation" clause of the "II- Compensations" paragraph of Article 152, the phrase "Human Rights Experts," has been added after "Status of Women Experts,", c) To clause (h) of the "I- General Administrative Services Class" section of the (I) numbered Additional Indicator Table, the phrase "Human Rights Experts," has been added after "Status of Women experts,". (2) To the first paragraph of additional Article 3 of the Decree-Law No. 375 dated 27/6/1989, the phrase "Human Rights Institution of Turkey," has been added after "Ministry of Environment and Forestry,". (3) To the section "B) Other Special Budgetary Administrations" of the (II) numbered table attached to the Public Financial Management and Control Law No. 5018 dated 10/12/2003, the phrase "36) Human Rights Institution of Turkey" has been added. (4) Sub-clause (m) of the first paragraph of Article 7, Article 17/A, additional Article 4, additional Article 5, and additional Article 6 of the Law on the Adoption of the Decree-Law on the Organization of the Prime Ministry No. 3056 dated 10/10/1984, along with the (13) numbered section where the main service units are regulated in the table attached to the said Law, have been repealed. (5) The cadre in the attached (1) numbered list has been cancelled and removed from the tables attached to the Decree-Law No. 190, and the cadres in the attached (2) numbered list have been created and added as the Human Rights Institution section to the (I) numbered table attached to the Decree-Law No. 190.

Transitional Provisions

TEMPORARY ARTICLE 1- (1) The first term of office for those to be selected for the first time as Institution President and Second President shall be applied as six years. According to the results of the lottery to be held by drawing lots, the first term of office for four of the first members of the Institution shall be applied as six years, for three as four years, and for two as two years. (2) The first selections for Board memberships shall be made within two months from the date this Law enters into force from among those who possess the qualifications in the second paragraph of Article 3 and have applied to the Prime Ministry. (3) From among the movables, tools, equipment, materials, fixtures, and vehicles belonging to the organization of the Prime Ministry, those used by the Presidency of Human Rights as of the date this Law enters into force shall be transferred to the Institution according to the protocol to be arranged between the Prime Ministry and the Institution. (4) From the rights and obligations of all kinds belonging to the Prime Ministry, those concerning the Presidency of Human Rights shall be considered transferred to the Institution without the need for any action, and immovables shall be considered allocated. (5) As of the date this Law enters into force, from the personnel working in the Presidency of Human Rights, including those assigned temporarily, those who wish to be assigned temporarily to the Institution may be assigned temporarily to the Institution upon their request according to the provisions of the ninth paragraph of Article 8. (6) Until the organization of the Institution is re-arranged according to this Law, services to be carried out by the Institution shall continue to be executed by the personnel working in the Presidency of Human Rights. (7) Until Institution offices are established, Provincial and District Human Rights Boards shall serve as Institution offices. (8) The expenditures of the Institution for the 2010 fiscal year shall be covered from the allowances belonging to the Presidency of Human Rights in the 2010 budget of the Prime Ministry until a new arrangement is made according to the relevant provision of the 2010 Central Management Budget Law No. 5944 dated 25/12/2009. (9) All transition, transfer, assignment, and devolution transactions and protocols to be arranged foreseen in this article are exempt from all types of taxes, duties, fees, charges, and funds. (10) For a period of one year from the date this Law enters into force, the provision of the last paragraph of Article 9 of the Decree-Law No. 190 shall not be applied in arrangements to be made regarding the Institution's cadres. (11) For once only, provided they have worked for at least three years in matters of trial, examination, investigation, audit, implementation, or consultancy related to human rights, those who entered the profession through a special competitive examination by finishing higher education institutions to be determined according to the sixth paragraph of Article 8 and were appointed at the end of a special proficiency exam after a certain period of in-service training, judges, prosecutors, and those counted from this profession, as well as university faculty members who have seen education at least at the master's level, who: a) Have at least (C) level score from the Public Personnel Foreign Language Proficiency Level Determination Exam or possess an equivalent accepted and international valid document, b) Possess the qualifications to be appointed as Human Rights Assistant Expert and have not reached forty-five years of age, shall be appointed as Human Rights Experts if they are successful in the proficiency exam to be opened within one year from the date this Law enters into force, considering the success ranking. Prime Ministry Experts who have served for at least six months in the Prime Ministry Presidency of Human Rights and personnel who have been assigned temporarily to the Presidency of Human Rights for at least five years as of the date this Law enters into force despite being in the cadre of other public institutions and organizations, possessing the qualifications in this paragraph, can be appointed to Human Rights Expert cadres; Prime Ministry Assistant Experts who have served for at least six months in the said Presidency can be appointed to Human Rights Assistant Expert cadres within one year from the date this Law enters into force upon their request and with the consent of their institutions. The time spent by Prime Ministry Experts and Assistant Experts in Prime Ministry Expertise and Assistant Expertise shall be considered as spent in Human Rights Expertise and Assistant Expertise. The number of those to be appointed to Human Rights Expertise according to the provisions of this paragraph cannot exceed forty percent of the total number of Human Rights Expert and Assistant Expert cadres. The principles regarding the exam shall be determined by a regulation to be prepared by the Institution.

Entry into Force

ARTICLE 10- (1) This Law enters into force on the date of its publication.

Execution

ARTICLE 11- (1) The Council of Ministers executes the provisions of this Law.

(1) NUMBERED LIST

INSTITUTION: PRIME MINISTRY ORGANIZATION: CENTRAL

CANCELLED CADRE | CLASS | TITLE | CADRE DEGREE | TOTAL CADRE QUANTITY | | :--- | :--- | :--- | :--- | | GİH | President of Human Rights | 1 | 1 | | TOTAL | | | 1 |

(2) NUMBERED LIST

INSTITUTION: HUMAN RIGHTS INSTITUTION OF TURKEY ORGANIZATION: CENTRAL

CREATED CADRES | CLASS | TITLE | CADRE DEGREE | FREE CADRE QUANTITY | TOTAL CADRE QUANTITY | | :--- | :--- | :--- | :--- | :--- | | GİH | Vice President | 1 | 1 | 1 | | GİH | Human Rights Expert | 1 | 5 | 5 | | GİH | Human Rights Expert | 2 | 5 | 5 | | GİH | Human Rights Expert | 3 | 5 | 5 | | GİH | Human Rights Expert | 4 | 5 | 5 | | GİH | Human Rights Expert | 5 | 5 | 5 | | GİH | Human Rights Expert | 7 | 5 | 5 | | GİH | Human Rights Assistant Expert | 9 | 15 | 15 | | GİH | Financial Services Expert | 4 | 1 | 1 | | GİH | Social Services Expert | 5 | 1 | 1 | | GİH | Psychologist | 3 | 1 | 1 | | GİH | Translator | 5 | 1 | 1 | | GİH | Librarian | 7 | 1 | 1 | | GİH | Civil Servant | 8 | 2 | 2 | | GİH | Civil Servant | 9 | 2 | 2 | | GİH | Computer Operator | 7 | 2 | 2 | | GİH | Secretary | 7 | 1 | 1 | | GİH | Secretary | 8 | 1 | 1 | | GİH | Switchboard Operator | 9 | 1 | 1 | | TOTAL | | | 60 | 60 |

GENERAL JUSTIFICATION

National human rights institutions are generally defined as official institutions established by states to protect and develop human rights. The emergence of the concept goes back to the post-World War II period and the establishment efforts of the United Nations. However, these institutions began to spread after the 1970s and especially after the end of the Cold War in the 1990s. Developments in this field have also been encouraged by the United Nations. With Resolution 48/134 adopted on 20/12/1993, the United Nations General Assembly invited member countries to establish these institutions or strengthen existing ones. In the annex of the said resolution, there are principles regarding the statuses of national human rights institutions, also known as the "Paris Principles."

According to the Paris Principles, which determine the basic standards and general framework for national human rights institutions; a) National institutions must be established by an official act of at least legislative value and be equipped with as broad authorities and duties as possible. b) Within this framework, national institutions should be tasked with conducting examinations and investigations, preparing reports, providing opinions, making recommendations and suggestions, and carrying out information, awareness-raising, and training activities, especially in the field of human rights. c) Pluralistic representation of social sectors and non-governmental organizations active in the protection and development of human rights should be allowed in national institutions. d) National institutions must be provided with sufficient financial resources and personnel to perform their duties independently. e) In addition to these, although not mandatory, national institutions can also be given the duty and authority to receive and examine applications regarding allegations of human rights violations.

The International Coordinating Committee of National Human Rights Institutions (ICC), to which national human rights institutions worldwide are accredited, grades national human rights institutions according to their compliance with the Paris Principles.

The United Nations Resolution regarding national human rights institutions is of a recommendatory nature and is not binding. However, references are increasingly made to the said principles in various international documents, primarily in many international conventions. The optional protocol (OPCAT) of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which foresees the establishment of independent national monitoring mechanisms for combatting torture and ill-treatment, and the Race Equality Directive No. 2000/43/EC of the European Union, which foresees the establishment of independent commissions to combat racial discrimination in social life, are among the examples to be given for these documents.

Paris Principles determine the general principles for human rights national institutions but do not include a specific model to be implemented by countries; they foresee that it is the right of every state to choose the structure most suitable for its own needs and characteristics at the national level in line with these principles. Looking at the practices in Europe, institutions in the nature of Institutes focused on education and research in the field of human rights in Denmark and Germany, and national institutions in the nature of advisory boards or commissions providing opinions on human rights-related matters to the government and parliament in France and Greece, stand out.

Efforts for institutionalization in the field of human rights have followed a course with increasing momentum in our country, parallel to developments in the world. The establishment of a Human Rights Inquiry Commission in the TGNA in the 90s and the assignment of a state minister within the government responsible for human rights was followed by the establishment of human rights units within various ministries and other public institutions and organizations, primarily the ministries of Justice, Interior, and Foreign Affairs. This flow gained a new momentum entering the 2000s, first with the creation of "Provincial and District Human Rights Boards" having a civil society-weighted structure and spreading to all provinces and districts nationwide, and then with Law No. 4643, the Human Rights Supreme Board, Human Rights Advisory Board, Human Rights Violation Allegation Examination Delegations, and the Prime Ministry Presidency of Human Rights were established.

Despite the existence of a widespread human rights institutionalization in our country as briefly explained above, the lack of a structure compliant with the Paris Principles is a subject of criticism at the national level by various institutions and organizations and at the international level, primarily in EU progress reports.

With the Draft Law on the Human Rights Institution of Turkey prepared by considering these matters, it is aimed to establish a human rights organization compliant with the UN Paris Principles. The Institution whose establishment is foreseen by the Draft will generally be responsible for working to protect and develop human rights, conducting examinations and investigations within this framework; preparing reports, providing opinions, recommendations, and suggestions, carrying out information, awareness-raising, and training activities, and examining and investigating human rights violation allegations.

The Institution, which possesses public legal personality and administrative and financial autonomy, is foreseen to consist of the Human Rights Board of Turkey and an organization affiliated with it. The Human Rights Board of Turkey, the decision-making body of the Institution, consists of a total of eleven people, including one President and one Second President. The President, Second President, and members are selected by the Council of Ministers. Membership has been regulated as a part-time duty. It is foreseen that the Board will meet at least once a month and members will be paid an attendance fee according to the number of days they actually perform their duties.

The primary and continuous services required by the duties of the Institution will be carried out by human rights experts and assistant experts, and other professional and administrative personnel to be determined according to need. Human rights expertise has been regulated as a career profession. Additionally, the Institution has been enabled to employ contracted personnel and to temporarily assign personnel from other public institutions and organizations.

It is believed that the Draft will provide significant contributions to the efforts to raise the human rights standards of our country.

ARTICLE JUSTIFICATIONS

ARTICLE 1- The purpose and scope of the Law are stated with the article, and some terms frequently mentioned in the Law are defined to prevent repetitions. The fundamental purpose of the Institution, and thus of the Law, is to conduct activities toward the protection and development of human rights. Thus, compliance is ensured with the principle of the Paris Principles that national human rights institutions should be equipped with the widest possible duties and authorities. The duties and authorities expressed very generally in this article as "to conduct activities to protect and develop human rights" are regulated in more detail in Articles 2, 4, 5, 6, and 7.

ARTICLE 2- The establishment and duties of the Human Rights Institution of Turkey are regulated and its status is determined with the article. According to the Paris Principles, national institutions must be independent institutions with sufficient financial resources, their own personnel, and facilities. Within this framework, it is foreseen that the Human Rights Institution of Turkey will be an institution with public legal personality and administrative and financial autonomy so that it can possess these characteristics foreseen by the Paris Principles. The Institution will use its duties and authorities independently under its own responsibility. In this context, it is foreseen that no organ, authority, office, or person can give orders or instructions, or make suggestions or recommendations to the Board regarding matters within its scope of duty. According to the Paris Principles, national institutions can establish local and regional units when necessary. Within this framework, the Institution is granted the opportunity to open offices at home and abroad. The Paris Principles foresee giving as broad a duty area as possible to national human rights institutions in the protection and development of human rights. Within this framework, the basic duty of the Institution has been determined as conducting activities to protect and develop human rights in Article 1. This basic and primary duty of the Institution is detailed in Article 2. Accordingly, the duties and authorities of the Institution are:

Monitoring and evaluating developments in the human rights field,
Conducting activities toward the resolution of problems,
Examining and investigating complaints and applications and following their results,
Conducting activities for the protection and development of human rights and the prevention of violations. Additionally, regulations regarding the Institution's informing the public, the responsibilities of its managers, the use of cadres, the authority to make administrative regulations, its revenues, and the purchase of services are included.

ARTICLE 3- The formation of the Human Rights Board of Turkey, the decision-making body of the Institution, is regulated with the article. The Board consists of eleven members including the President and Second President; the President, Second President, and members are selected by the Council of Ministers. According to the Paris Principles, national human rights institutions must have the authorities to ensure effective cooperation with the representatives of political, social, and civil society forces active in the human rights field, or these representatives must be included in the institution. For this purpose, the provision that "pluralistic representation of relevant civil society, social and professional organizations, currents of thought, universities, and experts will be observed in member selections" has been placed in the article. When this provision is considered together with Article 7, which foresees regular consultations at least every three months with persons, institutions, and organizations active in the human rights field, the pluralism condition foreseen by the Paris Principles is also ensured. For the Institution to continue its work away from external influences, the members of the Board, which is the decision-making body, must possess certain guarantees. The cases in which the duties of the members will end and their memberships will be dropped are clearly determined with the article. No member's duty will be terminated and membership will not be dropped except for the situations listed in the article. Besides this, to guarantee that members can act independently, the return to their institutions of members who carried out public duties before becoming Board members, and the evaluation of the time they spent in the Institution regarding their personnel rights, are also regulated within the scope of the article. The article also regulates the declaration of assets by the President and Board members and the confidentiality of information acquired due to duty.

ARTICLE 4- The duties and authorities and working principles of the Board, the decision-making body of the Institution, are regulated with the article.

ARTICLE 5- The organization of the Institution and the duties and authorities of the President are regulated with the article. The organization of the Institution consists of the Board and the Presidency. The Presidency consists of the vice president, service units, and working groups.

ARTICLE 6- The service units of the Institution and their duties and authorities are determined with the article. It is foreseen to create nine service units in the Institution.

ARTICLE 7- It is foreseen with the article that the procedures and principles regarding the examination of applications to be made to the Institution will be determined by a regulation to be issued by the Institution. Thus, without the need for a law amendment, procedures and principles regarding the ability to receive applications can be revised more quickly in line with the needs of the day. Authorities that will ensure the fulfillment of the duties given to the Institution by law are regulated in the article. The Institution, through its authorized personnel, is authorized to request relevant information and documents from all public institutions and organizations and other real and legal persons within the framework of its duties, to examine and take copies of these, to receive written and oral information from relevant parties, to visit places where persons deprived of their liberty or placed under protection are located and conduct examinations there, and to arrange necessary minutes. On the other hand, delegations can be formed with the participation of representatives of relevant institutions and organizations and persons under the chairmanship of Institution personnel determined by the President to conduct on-site examination and investigation on matters within the Institution's duty and authority area. With regular consultations to be held at least every three months, it is aimed for the Institution to establish mutual and continuous communication with persons, institutions, and organizations working in the field of human rights, especially non-governmental organizations and academics.

ARTICLE 8- Institution personnel and the personnel rights of the personnel are regulated with the article. Additionally, the article includes provisions regarding the principles and procedures related to human rights expertise and assistant expertise foreseen as a career profession, the qualifications to be sought in human rights experts and assistant experts and matters regarding their entry into the profession, contracted and temporary personnel employment, payments to be made to the President and members, and their prosecution.

ARTICLE 9- Phrases regarding the Institution and Institution personnel are processed into the relevant laws with the article. The Presidency of Human Rights along with the Human Rights Supreme Board, Human Rights Advisory Board, and Human Rights Violation Allegation Examination Delegations are abolished. Additionally, Institution cadres are determined.

GECHICI MADDE 1- In the temporary article 1 containing transition provisions, the terms of office of the first President and members of the Institution and appointments to be made to the Institution's cadres are regulated, the transfer to the Institution of movables and immovables used by the Prime Ministry Presidency of Human Rights is foreseen, and other transitional provisions are included.

ARTICLE 10- It is the entry into force article.

ARTICLE 11- It is the execution article.