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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
26	Can citizens sue the government for infringement of their civil rights?	100
27	Can the chief executive be held accountable for his/her actions?	88
28	Is the executive leadership subject to criminal proceedings?	0
29	Are there regulations governing conflicts of interest by the executive branch?	44
30	Can citizens access the asset disclosure records of the heads of state and government?	0
31	Official government functions are kept separate and distinct from the functions of the ruling political party.	50

Indicator and sub-Indicator Details

Can citizens sue the government for infringement of their civil rights?

26: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: Although the Turkey 2007 Progress Report of the European Union (EU) Commission underlined improvement in terms of detaining and due process, there are allegations that due process was violated by the authorities during the Ergenekon investigation.

References: Turkey 2007 Progress Report of the EU Commission, [ LINK ] documents/2007/nov/turkey_progress_reports_en.pdf

Ankara Barosu Baskani Ahsen Cosar, Adaletin Gerçeklesmesi Isteniyorsa Artik Herkesin Kenara Çekilip Mahkemeyi Rahat Birakmasi Lazim, [ LINK ]

Law 5271 on Penal Trial, Articles 141-144: [ LINK ]

Can the chief executive be held accountable for his/her actions?

27a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: According to the Constitution, the prime minister (PM) is politically responsible person for the governmental activities. However, each minister, and the cabinet as a whole, is also responsible. Although systems have become more transparent, both the PM and the ministers do not always give explanations for their policies.

The reasons given for policy orders are either very weak or insufficient or non-existent. Circulars of the Council of Ministers do not contain any reasons for their decisions, but do make reference to the law. A striking example of the failure to provide an acceptable reason for an action was when the government provided coal packages to the poor people in many neighborhoods. Due to this aid, the Institution of Coal Enterprise of Turkey announced a total of 32 million new lira (US$19 million) service loss in 2007 (see web link in sources).

Many of the appointments, promotions and dismissals in public administration are carried out without giving any reason. The Council of State (Danistay) may decide to stay a decision or annul those governmental actions that are made without a reason. Even after a long period of time, the government's arbitrary decisions may remain in force. In other cases, the relevant ministry may carry out a decision anyway through other mechanisms such as issuing a new regulation.

References: Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

[ LINK ]

27b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: All actions and procedures of the executive are subject to judicial review. However, the executive branch does not implement the judicial decisions properly.

References: 1982 Constitution, Recourse to Judicial Review, Article 125: [ LINK ]

Law No. 2575 on Council of State, Articles 23-38: [ LINK ]

Law No. 2576 on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts, Articles 5-6: [ LINK ]

Law No. 2577 on Administrative Trial Article 2: [ LINK ]

27c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: Administrative judicial review, despite political influence, is very effective, but the administration does not implement the judicial decisions effectively.

References: Kemal Gozler, Idare Hukuku Dersleri, Bursa, Ekin Kitabevi, 2006.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

27d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: The executive has preferred to decree authority since 2001 due to the sufficient number of supporting seats in the parliament to pass a law. However, it submitted amendments to the decrees having the force of law which were issued by the former governments.

References: Final Status of the Decrees Having the Force of Law: [ LINK ] develop/owa/khk_sd.sorgu_sonuc?taksim_no=1&kullanici_id=5940072&sonuc_sira =20&bulunan_kayit=242&metin_arama=&icerik_arama=

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Is the executive leadership subject to criminal proceedings?

28a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: The head of state (President of the Republic) is immune from prosecution, except for laws regarding high treason, a charge that is almost impossible to identify in practical terms. However, the prime minister can be prosecuted on the vote of the majority of the parliament. They can then refer the case to the Supreme Court or lift his or her immunity from prosecution.

References: 1982 Constitution, Articles 83, 99, 100 and 105: [ LINK ]

28b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: Like the prime minister, ministers also have parliamentary immunity. Articles 99 and 100 of the 1982 Constitution also apply to them.

References: 1982 Constitution Article 83, 99 and 100: [ LINK ]

Are there regulations governing conflicts of interest by the executive branch?

29a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: The head of the state (president) does not declare assets but the prime minister, as the head of the government, makes regular asset declaration according to the Constitution and the law. However, these declarations are not made public unless there is a criminal investigation. Asset disclosure of politicians, especially of the leaders, is the subject of a major debate in Turkey.

References: 1982 Constitution, Article 71, [ LINK ]

Law No. 3628 on Asset Declaration, Struggle Against Bribe and Corruption, Article 2: [ LINK ]

29b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments: However, the asset disclosures are confidential unless the official becomes the subject of a criminal investigation.

References: 1982 Constitution, Article 71: [ LINK ];

Law No. 3628 on Asset Declaration, Struggle Against Bribe and Corruption, Article 2: [ LINK ]

29c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: However, gift-giving and hospitality are a cultural component of Turkish society. Therefore, rules on banning or restricting gifts given to or by those in public service are generally bypassed or violated.

References: Law No. 3628 on Asset Declaration, Struggle against Bribe and Corruption, Article 3: [ LINK ]

Regulation Concerning Principles of Ethics for Public Officials and Procedure and Principles of Application, Article 15: [ LINK ]

For public servants, Law No. 657 on Public Servants, Article 29: [ LINK ]

29d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The head of the state is exempted from auditing of asset disclosure forms.The prime minister and ministers have to make asset declarations every five years in at the beginning and the middle of every decade (i.e., 2000 and 2005), or at any time there is a significant change in their assets. However, there is no auditing mechanism to carry these out. Declarations are kept confidential unless the executive member becomes the subject of a criminal investigation.

References: Law 3628 on Asset Declaration, Struggle against Bribe and Corruption, Article 9: [ LINK ]

29e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: Restrictions for post-government service of heads of state and government and ministers are not regulated. This is a fundamental deficiency of the legal system. The provisions of Law 2531 apply to public servants at every level. This law enforces a three-year restriction for those who resign from their former public duties to take any office or work, obligation, brokerage or representativeness against the office, department, institution or entity in which they served during the last two years before their resignation.

Although this provision refers to all public employees who receive salary from the state, the head of the state and the members of the Council of Ministers are not mentioned.

References: Law No. 2531 on Restrictions for Post Government Service, Article 2: [ LINK ]

[ LINK ]

29f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There is no regulation restricting post-government private sector employment for heads of state and government and ministers. However, it is rare that heads of state or members of the Council of Ministers enter the private sector after government service. Some executive members did join the executive boards of private companies after their government service.

References: Bir özellestirme VURGUNU, ww.aksam.com.tr/arsiv/aksam/2003/10/16/yazidizi/yazidizi2.html

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

29g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: In Turkey, sometimes corruption can be explained as part of the tradition of gifts and hospitality.

References: Tuncay Mollaveisoglu, Gorunmez Holding (Invisible Holding), Istanbul: Siyaz Beyaz yayinlari, 2008.

Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005.

Kemal Ozsemerci, Chief Auditor, Audit Court, September 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

29h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: The law does not require an auditing mechanism. A few ministers have made their assets public in the past in response to heavy public pressure.

References: Tuncay Mollaveisoglu, Gorunmez Holding (Invisible Holding), Istanbul: Siyaz Beyaz yayinlari, 2008.

Kemal Ozsemerci, Chief Auditor, Audit Court, September 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Can citizens access the asset disclosure records of the heads of state and government?

30a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: However, sometimes individual officials publicly declare their assets when they first take office or in response to public pressure.

References: Law No. 3628 on Asset Declaration, Struggle Against Bribe and Corruption Article 9: [ LINK ]

30b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: The head of the state is exempted from making asset disclosure records open to the public. The prime minister's declarations are kept confidential.

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.

Kemal Ozsemerci, Chief Auditor, Audit Court, September 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Law No. 3628 on Asset Declaration, Struggle against Bribe and Corruption, Article 9: [ LINK ]

30c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: The head of the state is exempted from making asset disclosure records public. The prime minister's declarations are kept confidential.

Kemal Ozsemerci, Chief Auditor, Audit Court, September 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Law No. 3628 on Asset Declaration, Struggle against Bribe and Corruption, Article 9: [ LINK ]

Official government functions are kept separate and distinct from the functions of the ruling political party.

31: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: Especially during the campaign period, both the vehicles and personnel of the government, including the municipalities, have been mobilized to indirectly help government party's activities. Nepotism and clientilism are major components of political life that shows up in different forms. The ruling party systematically followed a loyalty criterion in its bureaucratic appointments in line with the party organization.

Spouses of some AKP deputies were recently appointed to higher ranks in the bureaucracy recently. During the last general elections, public vehicles were also used by government members.

References: M. Hüseyin Bilgin, "AKP ve yolsuzluklarla mücadele" (AKP and Combating Corruption), [ LINK ]

[ LINK ]

www.milliyet.com.tr/2007/07/13/son/sonsiy04.asp

L. Roniger and A.Gunes-Ayata, Democracy, Clientelism and Civil Society, Boulder: Lynne Reinner, 1994.

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.

Kemal Ozsemerci, Chief Auditor, Audit Court, September 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Erol Tuncer, Economic and Social Studies Foundation of Turkey (TESEV), Ankara, September 2008.

Peer Review Comments: I believe ALL ruling parties in Turkey have systematically followed loyalty criteria in bureaucratic appointments. This is not an invention of the ruling party.