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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Political Financing
Indicators		Score
20	Are there regulations governing the financing of political parties?	71
21	Are there regulations governing the financing of individual political candidates?	0
22	Are the regulations governing the political financing of parties effective?	33
23	Are the regulations governing the political financing of individual candidates effective?	0
24	Can citizens access records related to the financing of political parties?	58
25	Can citizens access records related to the financing of individual candidates' campaigns?	0

Indicator and sub-Indicator Details

Are there regulations governing the financing of political parties?

20a: In law, there are regulations governing private contributions to political parties.

Score:

YES

Comments: Private contributions to political parties may be in cash or in kind. Membership fees, deputy's fees, fees for nomination in the elections, and donations by real and legal persons, excluding public or semi-public entities, are major sources of private contributions and are made annually.

References: 1982 Constitution, Article 69, [ LINK ]

Law No. 2820 on Political Parties, Article 66, [ LINK ]

20b: In law, there are limits on individual donations to political parties.

Score:

YES

Comments: According to Article 66, the upper limit for an individual donation to a political party was 2 billion Turkish liras (US$3,200) when the law adopted in 1983. This upper limit is revalued each year. In 2008, it is 20,957 new Turkish liras (US$12,700).

Donations to candidates during the election campaigns are not regulated yet despite the requirement of the constitution (Article 69/final). Receipt of individual and corporate donations is required to be recorded, but, in practice, donations to political parties are not registered properly; this is one of the major loopholes of political financing.

References: Law No. 2820 on Political Parties, Article 66/2 [ LINK ]

Constitution, Article 69.

20c: In law, there are limits on corporate donations to political parties.

Score:

YES

Comments: The annual upper limit to individual donations applies to corporate donations. Records of donations, particularly corporate donations, are not kept properly. It is assumed that corporations contribute to political parties by means of individuals or illegally (e.g., percentage of public bid) or in kind (campaign contribution). As mentioned earlier, contributions to individual candidates are not regulated by law, and constitutes another significant loophole in political funding. The primary loopholes are individual and corporate donations.

References: Law No. 2820 on Political Parties, Article 66/2 [ LINK ]

20d: In law, there are limits on total political party expenditures.

Score:

YES

Comments: The law does not put a limit on total party expenditures but emphasizes that expenditures of political parties cannot be contrary to their objectives. Naturally, a logical proportionality between revenues and expenditures of political parties is taken into consideration when the Constitutional Court examines the parties' accounts.

References: Law No. 2820 on Political Parties Article 70: [ LINK ]. Aspx?MevzuatKod=1.5.2820&MevzuatIliski=0&sourceXmlSearch=

20e: In law, there are requirements for the disclosure of donations to political parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to political parties. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to political parties, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments: Under the 1982 constitution (Article 69), political parties are theoretically obliged to disclose donations. Donations can be received by a political party in return for a receipt on which the identity of the donor or his/her representative is printed. However, in practice, there is little or no access to such records on the part of citizens. There are no regulations for campaign financing of individual candidates and political parties.

References: 1982 Constitution, Article 69

Law No. 2820 on Political Parties, Article 66/2: [ LINK ]. Aspx?MevzuatKod=1.5.2820&MevzuatIliski=0&sourceXmlSearch=

20f: In law, there are requirements for the independent auditing of the finances and expenditures of political parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a legal or regulatory requirement for the independent auditing of party finances and expenditures. The auditing is performed by an impartial third-party. NO: A NO score is earned if there are no legal or regulatory requirements for the independent auditing of political parties\' finances and expenditures or if such requirements exist but allow for parties to self-audit.$

Comments: The Constitutional Court audits the parties' accounts annually. However, this audit is conducted according to the available documents and whatever else political parties submitted. The Constitutional Court can hardly fulfill this function simply because it does not have sufficient personnel. What personnel they do have are experts in law, not finance or accounting. Although it can get assistance from the Audit Court if needed, this auditing is procedural. Both candidates' and political parties' campaign finances are not regulated.

References: 1982 Constitution, Article 69: [ LINK ]; Law 2820 on Political Parties,, Articles 74-77 [ LINK ]

Regulation of the Constitutional Court: [ LINK ] loaded/pdf_dosyalari/ictuzuk.pdf

20g: In law, there is an agency or entity that monitors the financing of political parties.

Score:

YES

Comments: There is no legal regulation or any organization that monitors parties' finances. The Constitutional Court only audits the parties' annual accounts. The Court only reviews material that is submitted by political parties themselves, and individual candidates' financing falls outside the scope of the Court's mandate. This is basically a procedural review that falls short of a true monitoring function, as called for in this indicator.

The Constitutional Court only audits the parties' annual accounts. Individuals or legal persons may refer to the Office of the Chief Public Prosecutor when and if there is any violation of the laws, but the Constitutional Court is the only authorized agency to fulfill the function of supervision.

Transparency International-Turkey Chapter is expected to monitor the financing of political parties, yet it does not. The Committee for Monitoring Deputies (MUMIKOMs), which is a voluntary association and has no legal base, also monitors the financial affairs of the deputies and makes annual reports but in limited terms. There are some other anti-corruption associations, such as the Association for Combating Corruption, which also monitor money-politics relations, but on an irregular basis.

References: 1982 Constitution, Article 69/4: [ LINK ]

Law No. 2820 on Political Parties, Part III: [ LINK ]

Are there regulations governing the financing of individual political candidates?

21a: In law, there are regulations governing private contributions to individual political candidates.

Score:

YES

Comments: There is no regulation of political financing of individual candidates. This constitutes a major loophole in general and local election laws, especially in big metropolitan districts.

References: 1982 Constitution, Article 69: [ LINK ]

Law No. 2820 on Political Parties, Article 66: [ LINK ]

21b: In law, there are limits on individual donations to political candidates.

Score:

YES

Comments: There is no regulation of political financing of individual candidates. This constitutes a major loophole in general and local election laws, especially in big metropolitan districts.

References: 1982 Constitution, Article 69: [ LINK ]

Law No. 2820 on Political Parties, Article 66: [ LINK ]

21c: In law, there are limits on corporate donations to individual political candidates.

Score:

YES

Comments: There is no regulation of political financing of individual candidates. This constitutes a major loophole in general and local election laws, especially in big metropolitan districts.

References: 1982 Constitution, Article 69: [ LINK ]

Law No. 2820 on Political Parties: Article 66, [ LINK ]

21d: In law, there are requirements for the disclosure of donations to individual political candidates.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to individual political candidates. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to individual political candidates, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments: There is no regulation of political financing of individual candidates. This constitutes a major loophole in general and local election laws, especially in big metropolitan districts.

References: 1982 Constitution, Article 69: [ LINK ]

Law No. 2820 on Political Parties: [ LINK ]

21e: In law, there are requirements for the independent auditing of the campaign finances of individual political candidates.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a legal or regulatory requirement for the independent auditing of an individual candidate\'s campaign finances and expenditures. The auditing is performed by an impartial third-party. NO: A NO score is earned if there are no legal or regulatory requirements for the independent auditing of an individual candidate\'s campaign finances and expenditures or if such requirements exist but allow for candidates to self-audit.$

Comments: There is no regulation of political financing of individual candidates. This constitutes a major loophole in general and local election laws, especially in big metropolitan districts.

References: 1982 Constitution, Article 69: [ LINK ]

Law No. 2820 on Political Parties: [ LINK ]

21f: In law, there is an agency or entity that monitors the financing of individual political candidates' campaigns.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a domestic agency or set of domestic agencies/entities formally assigned to monitor and enforce laws and regulations around the financing of individual political candidates\' campaigns. A YES score is earned even if the agency/entity is ineffective in practice. NO: A NO score is earned if there is no such agency or entity.$

Comments: There is no regulation of political financing of individual candidates. This constitutes a major loophole in general and local election laws, especially in big metropolitan districts.

References: 1982 Constitution, Article 69: [ LINK ]

Law No. 2820 on Political Parties: [ LINK ]

Are the regulations governing the political financing of parties effective?

22a: In practice, the limits on individual donations to political parties are effective in regulating an individual's ability to financially support a political party.

Score:

100

Comments: The major loophole is unregulated campaign financing. Candidates are not subject to any campaign finance regulation. Limits are reasonable, but are open to being bypassed.

References: O.F. Genckaya, "Turkey," Lobbying, Government Relations, and Campaign Finance Worldwide: Navigating the Laws, Regulations, and Practices of National Regimes, T.D. Grant (eds.), New York: Oceana Publications, 2005.

Turkey Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

22b: In practice, the limits on corporate donations to political parties are effective in regulating a company's ability to financially support a political party.

Score:

100

Comments: The major loophole is the unregulated campaign financing. Candidates are not subject to any campaign finance regulation. Limits are reasonable, but are open to being bypassed. Companies prefer not to be registered as a financing source of political parties, but, in fact, they contribute to political parties indirectly through individuals or other means.

Turkey Elements Of The Public Integrity System Assessment June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

22c: In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.

Score:

100

Comments: There is no legal limit on expenditures of political parties. It is assumed that there must be a proportionality between the revenues and expenditures of party accounts. Cartel parties mainly rely on state aid and spend a lot of money for construction of new party buildings, travel and campaigns, rather than education, grassroots and gender-related activities.

Small parties have few financial resources to organize effective activities and can hardly afford the day-to-day expenses. Since campaign finance is not regulated and there are no records on campaign donations (revenues) to parties and candidates, it also is not known how much political parties, and especially individual candidates, spend in local and general elections.

Therefore, the requirement of Article 69/final of the 1982 Constitution to regulate campaign finance is crucial in assessing a party's expenditures. The financial relations of political parties with entities outside the political realm (commercial, solidarity networks, etc.) is a major factor in explaining how some political parties finance their expenditures beyond the limits of their legal revenues.

References: Omer Faruk Genckaya, "Political Finance, Conflict of Interest and Accountability in Turkey: Implications for Democracy," [ LINK ] economiccrime/cybercrime/cy%20activity%20Interface2006/143%20_2006_-if-rep%20genckaya.pdf

O.F. Genckaya, "Turkey," Lobbying, Government Relations, and Campaign Finance Worldwide: Navigating the Laws, Regulations, and Practices of National Regimes, T.D. Grant (eds.), New York: Oceana Publications, 2005.

Turkey" Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

1982 Consitution, Article 69/final.

22d: In practice, when necessary, an agency or entity monitoring the financing of political parties independently initiates investigations.

Score:

100

Comments: There is no an entity or agency for monitoring party financing. The Constitutional Court only audits (ex post facto) the parties' accounts in accordance with the Constitution and the Law No. 2820.

Following its auditing, the Constitutional Court informs the Office of the Chief Public Prosecutor to investigate violations of law, if there are any. The Constitutional Court, which is entitled to audit but not monitor the parties' accounts, only warns political parties if there is any undue financial transaction. It enforces fines and transfers any illegally gained money to the state treasury.

The Chief Public Prosecutor's decision to initiate an investigation is completely separate from the Court's auditing functions, and, in practice, this arrangement has proven ineffective in providing effective oversight.

Turkey: Elements Of The Public Integrity System Assessment June 2005, ww.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

1982 Constitution.

Law 2820.

22e: In practice, when necessary, an agency or entity monitoring the financing of political parties imposes penalties on offenders.

Score:

100

Comments: There is no agency that monitors the financing of political parties. The Constitutional Court only audits parties' accounts on documents provided by political parties and available data. Following its auditing, the Constitutional Court informs the Office of the Chief Public Prosecutor to investigate violations of law if there are any.

The Constitutional Court only enforces fines and transfers the illegally gained money to the state treasury. The Chief Public Prosecutor's decision to initiate an investigation is completely separate from the Court's auditing functions, and, in practice, this arrangement has proven ineffective in providing effective oversight.

Turkey: Elements Of The Public Integrity System Assessment June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

22f: In practice, contributions to political parties are audited.

Score:

100

Comments: Parties' accounts are annually audited by the Constitutional Court. However, campaign finances of political parties and candidates are not subject to any regulation and auditing. Auditing parties' accounts are made according to available documents and whatever other information political parties have provided. Contributions constitute the second largest source of party income for cartel parties especially. However, they are not kept properly or disclosed and parties' accounts do not reflect the real amount of contributions donated to political parties, either in cash or kind.

O.F. Genckaya, Devletlesen Partiler, Turkiye'de Siyasi Partilerin Baslica Gelir Kaynaklari (Stateness of Political Parties, Major Sources of Revenues of Political Parties in Turkey, in Turkish), Ankara: Anadolu Stratejik Arastirmalar Vakfi, 2002.

Regulation of the Constitutional Court, Chapter 5 (Financial Supervision of Political Parties), [ LINK ]

Turkey, Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

Are the regulations governing the political financing of individual candidates effective?

23a: In practice, the limits on individual donations to political candidates are effective in regulating an individual's ability to financially support a particular candidate.

Score:

100

Comments: The major loophole is unregulated campaign financing, as candidates are not subject to any campaign finance regulation.

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

23b: In practice, the limits on corporate donations to individual candidates are effective in regulating a company's ability to financially support a candidate.

Score:

100

Comments: There are no regulations of political financing of individual candidates. This is one of the major loopholes in political funding in Turkey, causing unfair and unequal competition in the elections.

O.F. Genckaya, "Turkey," Lobbying, Government Relations, and Campaign Finance Worldwide: Navigating the Laws, Regulations, and Practices of National Regimes, T.D. Grant (Eds.), New York: Oceana Publications, 2005.

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

23c: In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns independently initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency or entity aggressively starts investigations into allegations of wrong doing with respect to the financing of individual candidates\' campaigns. The agency is fair in its application of this power. 50 Score Criteria: The agency or entity will start investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, thought limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The agency or entity rarely investigates on its own, or the agency or entity is partisan in its application of this power.$

Comments: Despite the requirement of the Constitution (Article 69/final) there is no regulation of political financing of individual candidates. This is one of the major loopholes in political funding in Turkey, causing unfair and unequal competition in the elections.The Committee for Monitoring Deputies (MUMIKOM) monitors individual deputies' activities but it is limited by the number of its staff.

References: Omer Faruk Genckaya, Political Finance, "Conflict of Interest and Accountability in Turkey: Implications for Democracy," [ LINK ] economiccrime/cybercrime/cy%20activity%20Interface2006/143%20_2006_-if-rep%20genckaya.pdf

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

1982 Constitution, Article 69.

23d: In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns imposes penalties on offenders.

Score:

100

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

23e: In practice, the finances of individual candidates' campaigns are audited.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The finances of individual candidates\' campaigns are regularly audited using generally accepted auditing practices. 50 Score Criteria: The finances of individual candidates\' campaigns are audited, but audits are limited in some way, such as using inadequate auditing standards, or the presence of exceptions to disclosed contributions. 0 Score Criteria: The finances of individual candidates\' campaigns are not audited, or the audits performed have no value in tracking contributions. Audits may be performed by entities known to be partisan or biased in their practices.$

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

Can citizens access records related to the financing of political parties?

24a: In practice, political parties disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments: Law No. 2820 (Articles 73 and 74) requires that every registered party must submit the last year's final accounts to the Constitutional Court and the Office of the Chief Public Prosecutor before the end of June. Delays may lead to a criminal investigation, following which the persons who are violating the rules are sentenced and the party may be banned (Law 2820, Articles 102 and 104). However, campaign finances of political parties are not subject to any regulation and auditing. Few political parties publish their accounts online before their final accounts are audited by the Court.

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

Law No. 2820, Articles 73, 74, 102 and 104.

24b: In practice, citizens can access the financial records of political parties within a reasonable time period.

Score:

100

Comments: The Constitutional Court's decisions including the audit of parties' accounts can be obtained online. They are immediately published in the Official Gazette after the final report is approved by the Court's board. It may take six months to a few years.

Few political parties publish their accounts online before their final accounts are audited by the Court. Citizens may access the financial records of political parties within the scope of the right to access to information. However, citizens can access only the itemized accounts, not the details, of parties' accounts.

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

24c: In practice, citizens can access the financial records of political parties at a reasonable cost.

Score:

100

Comments: Some of the political parties publish their current accounts on their websites. The Constitutional Court also publishes its decisions/reviews of political finance accounts online. The financial audit report of the Court is also published in the Official Gazette.

However, information available on parties' website and in the Court's decisions offer only general remarks and violations, not details, about donations and other matters. It is not easy to access the whole files of political parties, including all documents, at the Court or the Office of the Chief Public Prosecutor. Provisions of the Law on Access to Information may apply. However, citizens can access only the itemized accounts, not the details, of parties' accounts.

References: Omer Faruk Genckaya, Political Finance, Conflict of Interest and Accountability in Turkey: Implications for Democracy, [ LINK ] economiccrime/cybercrime/cy%20activity%20Interface2006/143%20_2006_-if-rep%20genckaya.pdf

Turkey: Elements Of The Public Integrity System Assessment, June 2005, www.sigmaweb.org/dataoecd/2/21/35848369.pdf

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

Peer Review Comments: Usually parties distort the figures that they provide to the public.

Can citizens access records related to the financing of individual candidates' campaigns?

25a: In practice, individual political candidates disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

25b: In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) within a reasonable time period.

Score:

100

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.

25c: In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) at a reasonable cost.

Score:

100

Erol Tuncer, Chairman of the Foundation of Economic, Social Research Foundation, Ankara, September 2008.