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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
74	Is there an agency (or group of agencies) with a legal mandate to address corruption?	0
75	Is the anti-corruption agency effective?	53
76	Can citizens access the anti-corruption agency?	25

Indicator and sub-Indicator Details

Is there an agency (or group of agencies) with a legal mandate to address corruption?

74: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: Law No. 5549 repealed some of the articles of the Law No. 4208. Several agencies have an anti-corruption mandate including the Financial Crimes Investigation Board and the Coordination Board for Combating Financial Crimes. Within the scope of prevention of laundering proceeds of crime and according to Law 5549, the functions of the Financial Crimes Investigation Board (MASAK) may be classified into the following five main areas:

1: Developing and regulating policies; (2) coordination; (3) collecting, analyzing and evaluating data; (4)supervision of obligations; (5) Examination ().

But it is difficult to say that MASAK is an anti-corruption unit/agency per se.

The Coordination Board for Combating Financial Crimes was created to evaluate the draft laws on prevention of laundering proceeds of crime, to draft regulations that will be issued by Council of Ministers, and to coordinate relevant institutions and organizations regarding implementation.

The Coordination Board, under the chairmanship of undersecretary of the Ministry of Finance, is composed of the representatives from the relevant ministries and financial institutions. (See Law 5549, Article 20 and Law 4208, Article 4.)

Experts say that the organization of MASAK under the Ministry of Finance is contrary to the international documents. It is equally emphasized that combating corruption requires the coordination of three functions: education, prevention and operation. In light of international experiences, if these three function are not coordinated by one unit, combating corruption fails.

References: Law No. 4208 on Prevention of Money Laundering: [ LINK ]

Law No. 5549 on Prevention of Laundering Proceeds of Crime: [ LINK ] [ LINK ]

Functions of the Financial Crimes Investigation Board (MASAK): [ LINK ]

Peer Review Comments: MASAK, the Agency for Illegal Income and Corruption, has that duty.

Is the anti-corruption agency effective?

75a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: There is no anti-corruption agency. The Financial Crimes Investigation Board (MASAK) is affiliated with the Ministry of Finance. Naturally, it is open to political influence, both directly and indirectly.

References: Law No. 4208 on Prevention of Money Laundering, [ LINK ]

Law No. 5549 on Prevention of laundering Proceeds of Crime,[ LINK ] [ LINK ]

75b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: There is no anti-corruption agency. It is widely shared idea that the Financial Crimes Investigation Board (MASAK) provides routine paperwork to other governmental agencies. Its organizational structure, despite obstacles created to discourage problems, is open to political influence.

References: "MASAK neden sessiz?" (Why MASAK quite?) Milliyet (Turkish daily), Sept, 10, 2008.

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

75c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: Although no formal anti-corruption agency or collection of dedicated agencies exist, agencies such as the Financial Crimes Investigation Board (MASAK) benefit from a degree of political independence.

References: Bulent Tarhan, Chief-Inspector of the Prime Ministry, Ankara, February 2008,

Kemal Ozsemerci, Chief Auditor, Audit Court, Ankara, February 2008.

75d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: Although a formal anti-corruption agency or series of agencies does not exist, agencies such as the Financial Crimes Investigation Board (MASAK) benefit from a degree of professional staffing.

References: Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

75e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

References: Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector of the Prime Ministry, Ankara, February 2008

Kemal Ozsemerci, Chief Auditor, Audit Court, Ankara, February 2008

75f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: Although a formal anti-corruption agency or series of agencies does not exist, The Financial Crimes Investigation Board (MASAK) is part of the government's regular, medium-term, financial management framework arrangements. Disbursements are made according to budget and no evidence of arrears is in place.

References: Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

75g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: Although a formal anti-corruption agency or series of agencies does not exist, agencies such as the Financial Crimes Investigation Board (MASAK) make regular public reports, including annual activity report. These reports provides a general but not detailed analyses of the complaints made to the agency.

References: Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

75h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: Turkey lacks a true anti-corruption agency (or series of agencies).

According to the 2007 Activity Report, the Financial Crimes Investigation Board (MASAK) budget increased in 2007. It makes a ex-ante evaluation on denunciations and suspicious operations and submits its reports to the relevant departments to take legal action. Inquiries regarding the cases is made by other officers from other governmental agencies such as account experts, custom inspectors, or banking experts. In other words, the MASAK's work is subordinated to other governmental agencies. It is obvious that it functions as a part of the Ministry of Finance and fulfills its function given by the law.

References: Onur Özdogan, "Karapara Aklama Suçu Ve Masak," [ LINK ]. com/makale_597.htm

Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

75i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: A formal anti-corruption agency or series of agencies does not exist in Turkey. The Financial Crimes Investigation Board (MASAK) directly affiliated with the Ministry of Finance, reviews and examines (administrative inquiry) the denunciations it receives. In legal terms, these can be considered as pre-investigation or preparation for investigation in legal terms. Investigations can be started at the initiative of a prosecutor with the support of security departments. It does not have any enforcement authority.

References: "MASAK neden sessiz?" (Why MASAK quite?) Milliyet (Turkish daily), 10.09.2008.

Onur Özdogan, "Karapara Aklama Suçu Ve Masak," [ LINK ]. com/makale_597.htm

Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

Can citizens access the anti-corruption agency?

76a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: In light of the statistics available, the Financial Crimes Investigation Board (MASAK) works slowly on both its review of denunciations and its control of liabilities. This may be due to the nature of the cases. Anti-corruption activities should be evaluated from a wider perspective, including law enforcement authorities, too. Legal prosecution may take longer than MASAK's evaluations.

References: Financial Crimes Investigation Board (MASAK), 2007 Activity Report, [ LINK ]

Bulent Tarhan, Chief-Inspector, Prime Ministry, Ankara, September 2008.

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

76b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: See IV-2 on Whistle-blowing Measures

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

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