Law on the Turkish Human Rights Institution

Law on the Turkish Human Rights Institution

Law No. 6332

Date of Adoption: June 21, 2012

Purpose and Scope

ARTICLE 1- (1) The purpose of this Law is to establish the Turkish Human Rights Institution to carry out activities related to the protection and promotion of human rights, and to regulate the principles regarding its organization, duties, and authorities.

Definitions

ARTICLE 2- (1) For the purposes of this Law;

a) Institution: The Turkish Human Rights Institution,

b) Council: The Human Rights Council,

c) President: The President of the Institution and the Council, shall be deemed to mean.

Establishment and Status

ARTICLE 3- (1) The Turkish Human Rights Institution, a public legal entity with administrative and financial autonomy and a separate budget, has been established to perform the duties and exercise the authorities granted by this Law and other relevant legislation.

(2) The Institution is affiliated with the Prime Ministry.

(3) The Agency’s headquarters are in Ankara. The Agency may establish offices within the country and, not exceeding two in number, abroad.

(4) The Agency performs the duties and exercises the authorities granted by this Law and other legislation independently and under its own responsibility. No organ, authority, body, or individual may issue orders or instructions to the Agency, or make recommendations or suggestions, regarding matters falling within its scope of authority.

(5) The Agency informs the public about its activities.

Duties and Authorities

ARTICLE 4- (1) The Institution is responsible for and authorized to conduct activities aimed at protecting, promoting, and preventing violations of human rights; to combat torture and ill-treatment; to examine complaints and applications and follow up on their outcomes; to take initiatives to resolve issues; to carry out educational activities for this purpose; and to conduct research and investigations to monitor and evaluate developments in the field of human rights.

(2) If, during the performance of its duties under this Law and other legislation—including investigations, research, visits, and the review of applications—the Institution becomes aware that a crime has been committed, it may, when deemed necessary to ensure proceedings are conducted in accordance with general provisions, file a report or complaint.

Human Rights Board

ARTICLE 5- (1) The Human Rights Board is the decision-making body of the Institution. The Board consists of eleven members, including one Chairperson and one Vice Chairperson.

(2) To be eligible to serve as Chairperson or member of the Board:

a) One must be a citizen of the Republic of Turkey,

b) One must not be deprived of public rights,

c) Even if the periods specified in Article 53 of the Turkish Penal Code No. 5237 dated September 26, 2004, have elapsed; having been sentenced to one year or more of imprisonment for an intentional crime, or having been pardoned, for crimes against national security, crimes against the constitutional order and its functioning, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid-rigging, obstruction of performance, laundering of assets derived from crime, or smuggling,

ç) Not to have any military obligations,

d) Not to suffer from any mental illness that would prevent the continuous performance of duties, subject to the provisions of Article 53 of the Civil Servants Law No. 657 dated July 14, 1965,

e) Not to hold any position or authority in the administrative or supervisory bodies of any political party as of the date of the membership application,

f) To have completed at least a bachelor’s degree, is required.

(3) Those who possess the qualifications specified in the second paragraph and wish to become members of the Board shall submit their requests in writing to the Institution. Civil society organizations, trade unions, social and professional organizations, academics, lawyers, members of the visual or written press, and experts in the field who are engaged in human rights work may also submit written nominations for individuals qualified to serve as Board members. The Institution notifies the Presidency, the Prime Ministry for submission to the Council of Ministers, the Presidency of the Higher Education Council, and the Union of Turkish Bar Associations regarding those who meet the membership qualifications, as appropriate, and for the member to be selected by the bar association presidents.

(4) a) Two members are selected by the President from among individuals distinguished in the field of human rights.

b) Seven members are selected by the Council of Ministers from among individuals distinguished in the field of human rights.

c) One member is selected by the Council of Higher Education from among faculty members distinguished in the field of human rights at the law and political science faculties of universities.

ç) One member is selected by the presidents of the bar associations from among lawyers who have practiced law for at least 10 years and are distinguished in the field of human rights. The election is conducted by the presidents of the bar associations at the time and place designated by the Turkish Bar Association within ten days of the date on which the candidates are notified by the Institution. In this election, in which each bar association president may cast one vote, the candidate receiving the most votes is deemed elected.

(5) The Chair and Vice Chair are elected by the members of the Council.

(6) In the election of Board members, care shall be taken to ensure the pluralistic representation of civil society organizations, trade unions, social and professional organizations, academics, lawyers, members of the print and broadcast media, and experts working in the field of human rights.

(7) The term of office for the Chair and members is four years. Those whose terms have expired may be re-elected for no more than one additional term.

(8) At least two months prior to the expiration of the Chairperson’s and members’ terms of office, the Institution shall announce this to the public through appropriate communication channels. Within one month following the announcement, applications from those meeting the conditions specified in the second paragraph are forwarded by the Institution to the Prime Ministry for submission to the Presidency and the Council of Ministers, to the Presidency of the Higher Education Council, and to the Union of Turkish Bar Associations for the member to be selected by the bar association presidents. Those selected as members by the President, the Council of Ministers, the Higher Education Council, and the bar association presidents shall assume their duties following the expiration of the terms of the persons they replace.

(9) In the event that the term of office of the President or members ends for any reason before its expiration, the Institution shall announce the situation to the public within one week of the termination date, and within fifteen days following the announcement, applications from those meeting the conditions specified in the second paragraph shall be forwarded by the Institution to the Presidency, to the Prime Ministry for submission to the Council of Ministers, to the Presidency of the Higher Education Council, and, for a member to be selected by the bar association presidents, to the Union of Turkish Bar Associations. Those selected in this manner shall complete the remaining term of the persons they replace, and for those serving for two years or less, such service shall not be considered part of their term of office.

(10) For those elected to the Presidency and Vice Presidency of the Council while serving as public officials, their ties to their previous institutions and positions shall cease. Provided they have not lost the eligibility requirements for public service, these individuals—including judges and prosecutors—shall be appointed to positions commensurate with their qualifications by the appointing authority within one month of the application date, provided their term of office has ended or they have requested to resign and have applied to their former institutions within thirty days. From the date their term ends until their appointment is made, the monthly salary and social benefits and allowances they were receiving shall continue to be paid by the Institution. The periods they spend at the Institution shall be considered as having been spent at their previous institutions or organizations for the purposes of their personnel and other rights.

Membership Guarantee

ARTICLE 6- (1) The term of office of the Board Chairman, Vice Chairman, and members may not be terminated for any reason prior to the expiration of their terms. However, the terms of the Chairman and members whose eligibility requirements for election are found by the Board to have been lost or no longer met shall be terminated by the Council of Ministers. The membership of the Chairperson and members who fail to sign the Council’s minutes and decisions within the prescribed timeframe or who fail to submit the grounds for their dissenting vote in writing within the prescribed timeframe shall also be terminated in accordance with the same procedure.

(2) Except in cases of flagrante delicto falling within the jurisdiction of the High Criminal Court, the Chairperson, Vice Chairperson, and members may not be arrested, their premises or residences searched, or they may not be interrogated solely on the grounds that they are alleged to have committed a crime in connection with their duties related to the protection and promotion of human rights. However, the situation shall be immediately reported to the Prime Ministry. Law enforcement officers and officials who act in violation of the provisions of this paragraph shall be subject to direct investigation and prosecution by the competent Public Prosecutor’s Office in accordance with general provisions.

(3) Members who fail to attend a total of three Board meetings within a calendar year without a valid excuse accepted by the Board; those determined by a medical board report to be unable to perform their duties due to serious illness or disability; those against whom a final conviction has been issued for crimes committed in connection with their duties; whose temporary incapacity to perform duties lasts for more than three months, or who have been sentenced to a custodial sentence of more than three months and whose sentence has actually begun to be served, shall have their membership revoked.

Duties and Powers of the Board

ARTICLE 7—(1) In addition to the duties specified in this Law and other legislation, the Board shall perform the following duties and exercise the following powers:

a) To determine the scope of the Agency’s activities and its priorities within the scope of the duties assigned by law.

b) To adopt decisions regarding the establishment of regulations pertaining to the Agency and its area of responsibility.

c) To monitor the implementation of international human rights treaties to which Turkey is a party. To provide opinions, utilizing relevant civil society organizations as appropriate, during the preparation of reports that the State is obligated to submit to the review, monitoring, and oversight mechanisms established by these treaties; and to participate in international meetings where these reports are presented by sending representatives.

ç) To decide on establishing bilateral and multilateral relations between the Institution and similar institutions in other countries operating at the national or international level. To decide on cooperating with the United Nations and regional human rights organizations and engaging in joint activities.

d) To decide, when deemed necessary, on the Institution’s membership in international organizations operating in its field or on ensuring Turkey’s representation in such organizations.

e) To prepare annual reports evaluating issues and developments in the field of human rights, as well as the performance of public institutions and organizations in this area; to publish these reports and distribute them to relevant individuals and organizations. In addition to regular annual reports, to publish special reports on human rights issues when deemed necessary.

f) To conduct visits, when necessary, to the locations where persons deprived of their liberty or placed under protection are held, through committees composed of three members.

g) To carry out campaigns and programs, in collaboration with public institutions and organizations as well as civil society organizations, aimed at promoting the advancement of human rights and addressing human rights violations.

ğ) To approve the investigations and research conducted by the Institution in the field of human rights, as well as the reports and similar studies prepared.

h) To review and approve the budget proposal prepared in accordance with the Institution’s strategic plan, performance programs, and its objectives and goals.

ı) To approve reports reflecting the Institution’s performance and financial status.

i) To review and approve proposals regarding the purchase, sale, and leasing of real estate.

Rules of Procedure of the Board

ARTICLE 8- (1) The Board convenes at least once a month and as necessary. Meetings are chaired by the Chairperson. If requested jointly by at least five members other than the Chairperson, the Board is immediately summoned by the Chairperson to convene an extraordinary meeting within five days.

(2) The meeting agenda is prepared by the Chairperson, or in their absence by the Vice Chairperson, and notified to Board members at least three days prior to the meeting. To add a new item to the agenda, a member must propose it during the meeting, and the proposed item must be approved by the Board.

(3) The Board convenes with the presence of at least seven members and makes decisions by a vote of at least six members in the same direction. Abstentions are not permitted in decisions.

(4) Board decisions are recorded in minutes, and the minutes of the decision are signed by all members present at the meeting during the meeting or no later than five business days following the meeting. Board decisions are finalized, along with their justifications and, if any, the justifications for dissenting votes, no later than fifteen business days from the date of the meeting at which they were adopted. If necessary, the Board may extend this period.

(5) The Chair and members may not participate in deliberations or voting on matters involving themselves, their spouses, their adopted children, or relatives by blood up to and including the third degree and by marriage up to and including the second degree, or on matters in which they have a personal interest. This circumstance is specifically noted in the decision text.

(6) Unless otherwise decided, deliberations at the Board’s meetings are confidential.

(7) If necessary, relevant individuals may be invited to Board meetings to provide their opinions. However, Board decisions may not be made in the presence of external participants.

(8) Board decisions are sent to the relevant individuals, institutions, and organizations within five business days of their finalization.

(9) The Board may, when deemed necessary, publicize its decisions to the public through appropriate means, in accordance with the principle of data privacy.

(10) In the event of the Chair’s absence due to leave, illness, or other circumstances, or in the event of the termination of the Chair’s term for any reason, the Vice Chair shall act as the Chair’s proxy.

(11) The professional and ethical principles to be followed by Board members and Agency staff, as well as other matters regarding the Board’s procedures and principles of operation, shall be regulated by a regulation.

Organization

ARTICLE 9—(1) The Agency’s organizational structure consists of the Board and the Presidency. The Presidency comprises the Vice President, administrative units, and working groups. The Presidency is responsible for implementing the Board’s decisions and assisting the President and the Board in other matters.

(2) The core and ongoing services required for the Institution’s duties are carried out by the President, the Second President, the Deputy President, human rights experts, and expert assistants.

President

ARTICLE 10- (1) The President is the highest authority of the Institution and is responsible for organizing, conducting, and coordinating the Institution’s services in accordance with the law, the Institution’s objectives and policies, its strategic plan, performance program, and service quality standards. The President is responsible for the general management and representation of the Institution. This responsibility encompasses the duties and authorities related to organizing, conducting, supervising, evaluating, and, when necessary, publicizing the Institution’s activities.

(2) The President’s duties and authorities are as follows:

a) To determine the agenda, date, and time of Board meetings and to preside over them.

b) Ensuring the notification of Board decisions and the public announcement of those deemed necessary by the Board, and monitoring their implementation.

c) Appointing Agency personnel.

d) Finalizing proposals from service units and presenting them to the Board.

e) Preparing the Agency’s strategic plan and performance program; establishing its objectives and targets, service quality standards, and human resources and labor policies.

e) To prepare the Institution’s annual budget and financial statements in accordance with the established strategies and annual objectives and targets.

f) To prepare guidelines for public institutions and organizations aimed at eliminating practices contrary to human rights, and to monitor whether these guidelines are being implemented.

g) Ensure coordination to facilitate the harmonious, efficient, disciplined, and orderly operation of the Board, the Institution, and its service units, and resolve any potential conflicts of authority or responsibility among them.

ğ) Prepare annual activity reports, evaluate activities against annual objectives and targets as well as performance criteria, and present these to the Board.

h) Manage the Institution’s relations with other organizations and represent the Institution.

ı) Determine the scope of duties and authority of personnel authorized to sign on behalf of the Institution President.

i) Perform other duties related to the management and operation of the Institution.

(3) The President may appoint a Vice President to assist in duties related to the Institution. Candidates for the position of Deputy President must:

a) Hold a bachelor’s degree from a four-year program in law, political science, economics, business administration, or international relations, or from faculties specified by regulation, or from foreign higher education institutions whose equivalence has been recognized by the Higher Education Council,

b) Have at least ten years of professional experience in public service,

c) Possess the qualifications specified in subparagraphs (1), (4), (5), (6), and (7) of paragraph (A) of the first clause of Article 48 of Law No. 657,

are required. The term of office for a Vice President is four years. Those whose terms have ended may be reappointed. If the President’s term of office ends for any reason, the Vice President’s term of office also ends. Those appointed as Vice President, including judges and prosecutors, upon the termination of their duties, if they apply to their former institution or organization, shall be appointed to a position commensurate with their qualifications by the competent appointing authority within one month at the latest; they continue to enjoy the financial, social, and personnel rights of the Institution and receive their monthly salaries from the date of their application until the date of their appointment. The periods they spend at the Institution are considered to have been spent at their previous institutions or organizations for the purposes of personnel and other rights.

(4) The President may delegate a portion of his duties and authorities not related to the Board to the Vice President, provided that the scope of such delegation is clearly defined in writing. The delegation of authority is communicated to the relevant parties through appropriate means.

Service units

ARTICLE 11- (1) The service units of the Institution and their duties and powers are as follows:

a) Unit for the Investigation of Allegations of Violations;

To examine, research, and evaluate all kinds of allegations of human rights violations upon application or ex officio; to notify the relevant individuals, institutions, and organizations of the results and to follow up on them; to take initiatives for the initiation of legal proceedings against those found responsible.

b) Unit for the Fight Against Torture and Ill-Treatment;

To carry out activities for the prevention of torture and other cruel, inhuman, or degrading treatment or punishment.
To carry out regular announced or unannounced visits to places where persons are deprived of their liberty or placed under protection; to convey 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 monitoring boards of penal execution institutions and detention houses, provincial and district human rights boards, and other persons, institutions, and organizations. Public institutions, organizations, and officials are obliged to provide the necessary assistance and convenience due to such visits.

c) Legal Unit;

To provide opinions and recommendations upon request or ex officio to relevant persons, institutions, organizations, or the public regarding draft legislation, legislation, practices, and other legal issues related to human rights.
To perform the duties assigned to legal units in accordance with the provisions of the Decree-Law No. 659 dated 26/9/2011 on the Execution of Legal Services in Public Administrations within the Scope of the General Budget and Special Budget Administrations.
To cooperate with domestic and foreign institutions and organizations on matters related to its field of duty.
To monitor the proper implementation by the administration of judicial decisions that identify human rights violations.

d) Education Unit;

To work for the dissemination of human rights awareness; to cooperate with relevant persons, institutions, and organizations for this purpose, and to provide opinions and recommendations.
To contribute to the preparation of sections related to human rights in the curriculum of the Ministry of National Education; to contribute to the establishment of human rights departments in universities and the determination of their curricula under the coordination of the Council of Higher Education.
To carry out activities regarding 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 entities upon their request.

e) External Relations and Project Unit;

To organize and conduct the activities related to the external relations of the Institution.
To prepare and implement projects related to human rights.

f) Media and Public Relations Unit;

To organize relations with the media and to monitor the media.
To organize and implement the public relations policy.
To convey the results of the activities carried out for the performance of the duties assigned 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.

g) Information and Documentation Unit;

To establish a database and documentation center on human rights issues.
To carry out activities in the field of information technologies.

h) Strategy Development Unit;

1. To perform the duties assigned to strategy development and financial services units by the Public Financial Management and Control Law No. 5018 dated 10/12/2003, Article 15 of Law No. 5436 dated 22/12/2005, and other relevant legislation.

ğ) Human Resources and Support Unit;

To determine the personnel policy of the Institution, to carry out studies on personnel training, and to manage personnel rights and transactions.
To carry out administrative, financial, and social services of the Institution.
To carry out civil defense and mobilization services.

(2) The units specified in the first paragraph operate under the coordination of human rights experts determined by the President. The human rights expert who will coordinate the Legal Unit must have completed their legal internship (bar admission internship).

(3) Working groups consisting of Institution personnel may be established with the approval of the President. These 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, non-governmental organizations, and relevant experts to conduct studies on matters within its field of duty.

(5) The Council of Ministers is authorized to establish or abolish offices upon the proposal of the Institution. The procedures and principles regarding the duties, powers, and other matters of the offices are determined by the Board.

Applications

ARTICLE 12- (1) Every natural or legal person claiming to have suffered from a human rights violation may apply to the Institution. No obstacle shall be placed in the way of the effective exercise of this right.

(2) The procedures and principles regarding applications are determined by a regulation to be issued by the Institution.

Examinations, Researches, and Visits

ARTICLE 13- (1) The duties of examination, research, visit, and report preparation assigned to the Institution by this Law and other legislation are performed by human rights experts, assistant experts, and other officials. These persons, when authorized by the President, are empowered to request relevant information and documents from all public institutions and other natural and legal persons, to examine them and take copies thereof, to obtain written and oral information from relevant parties, to visit places where persons are deprived of their liberty or placed under protection, to conduct examinations there, and to prepare the necessary minutes. Public institutions and other natural and legal persons are obliged to fulfill the requests of the Institution without delay.

(2) For the purpose of conducting on-site examinations and researches, a delegation may be formed under the chairmanship of Institution personnel designated by the President, with the participation of representatives from relevant institutions and individuals.

Regular Consultations

ARTICLE 14- (1) The Institution holds regular consultations at least once every three months with public institutions, NGOs, trade unions, social and professional organizations, higher education institutions, media organizations, researchers, and other relevant parties to discuss human rights issues and exchange information.

(2) The Institution informs the Human Rights Investigation Commission of the Grand National Assembly of Türkiye at least once a year regarding its duties and powers.

Provisions Regarding Personnel and Personal Rights

ARTICLE 15- (1) The personnel of the Institution are subject to Law No. 657.

(4) Contracted personnel may be employed for works requiring special knowledge and expertise among those with at least ten years of professional experience or those who have obtained a PhD degree.

LIST (1) - ANNULLED POSITIONS

CLASS	TITLE	DEGREE	NUMBER
GİH (General Admin)	President of Human Rights	1	1
TOTAL			1

LIST (2) - ESTABLISHED POSITIONS

CLASS	TITLE	DEGREE	VACANT	TOTAL
GİH	Vice President	1	1	1
GİH	Human Rights Expert	1-7	35	35
GİH	Assistant Human Rights Expert	9	25	25
GİH	Financial Services Expert	4	1	1
SH (Health)	Social Worker	5	1	1
SH	Psychologist	3	1	1
GİH	Translator / Interpreter	5	1	1
TH (Technical)	Librarian	7	1	1
GİH	Officer (Memur)	8-9	4	4
GİH	Computer Operator	7	2	2
GİH	Secretary	7-8	2	2
GİH	Switchboard Operator	9	1	1
TOTAL			75