Global Integrity Report

Turkey Home

Facts

Timeline

Notebook

Integrity Scorecard

2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	0
57	Can citizens access the reports of the ombudsman?	33

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: The law entitles the Office of Public Controller to examine and investigate the complaints of natural and legal persons about the working of the administration within the scope of characteristics described by the Constitution of Republic of Turkey and its acts, actions, attitudes and behavior with the idea of justice and in relation to respect for human rights and conformity with fairness and to recommend accordingly to the administration. (Article 1 of Law 5548)

The law has been under constitutional review and this institution does not exist. The Constitutional Court ordered stay of execution of this law on Oct. 27, 2006.

References: Law No. 5548 on Public Controller: [ LINK ]

[ LINK ]

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: The public controller is affiliated with the Grand National Assembly, and so it would be open to political influence. The Constitutional Court ordered stay of execution of this law on Oct. 27, 2006.

References: Law No. 5548 on Public Controller, Article 3: [ LINK ]

[ LINK ]

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: The ombudsman's office is not effective, since it was suspended in 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The Ombudsman's office is not effective because it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision, [ LINK ]

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: According to the law, ombudsman reports would be publicly available. However, the Constitutional Court ordered a stay of execution for this law on October 27, 2006.

References: Law No. 5548 on Public Controller, Article 3: [ LINK ].

The Constitutional Court's Stay of Execution Decision: [ LINK ].

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: The ombudsman's office is not effective as it has been suspended since 2006.

References: The Constitutional Court's Stay of Execution Decision: [ LINK ]