Turkey
Name of law: Turkish Law On The Right To Information, Law No: 4982
First adopted: 2003
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2003
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Turkey’s implementation of the right to information is variable, which results in a slightly below average RTI rating. Despite some areas of concern, the Turkish law has a relatively clear and wide scope that applies to all branches of government. The law has a list of exceptions that are generally consistent with international standards, despite some deviations. A substantial problem with the exceptions regime, however, is the fact that there is no public interest override with general applicability. The most notable flaw in the scheme is the law’s comparatively problematic appeals regime. Not only is there no provision allowing internal reconsideration, but the external route is also underdefined. The external appeal mechanism (i.e. "Board of Review”) only applies to certain applications that are dependent on the document type (Economical Interests of the State and State Secrets). There is also no mention of the Board’s strength or provisions protecting impartiality.
The law is also available in its Turkish original here.
| I | Description | Scoring instructions | Max score | Points | Article | Comments |
|---|---|---|---|---|---|---|
1. Right of Access | ||||||
| 1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | 2 | Article 74: Everyone has the right to obtain information and appeal to the Ombudsperson. | Link to constitution (English version) here. |
| 2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | 2 | Article 5.(The Obligation to Provide Information): "The institutions are required to apply administrative and technical measures to provide every kind of information and document, with the exceptions set out in this law, to provide the information for applicants; and to review and decide on the applications for access information promptly, effectively and correctly. The other legal regulations which are incompatible with the provisions contained herein shall cease to be applicable as of the date this Act comes into force" | |
| 3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | 1 | Article 1: "The object of this law is to regulate the procedure and the basis of the right to information according to the principles of equality, impartiality and openness that are the necessities of a democratic and transparent government." | |
2. Scope | ||||||
| 4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | 1 | Article 4. (Everyone has the right to information): "<...> Foreigners domiciled in Turkey and the foreign legal entities operating in Turkey can exercise the right in this law, on the condition that the information that they require is related to them or the field of their activities; and on the basis of the principle of reciprocity. The rights and the obligations of Turkey under the international conventions are reserved." | Foreigners and legal entities are included but only to exercise the right on information related to them or the field of their activities. That´s the reason I´ve deducted 1 point. |
| 5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | 4 | Article 3: "The terms used in the law means following: [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law. [...]" Article 5: "The institutions are required to apply administrative and technical measures to provide every kind of information and document, with the exceptions set out in this law, to provide the information for applicants; and to review and decide on the applications for access information promptly, effectively and correctly. The other legal regulations which are incompatible with the provisions contained herein shall cease to be applicable as of the date this Act comes into force." | Internal documents are excluded of the scope of the act. |
| 6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | 2 | Article 7: "The application for access to information should relate to the information or the document that the institutions which are applied posses or should have possessed due to their tasks and activities. The institutions may turn down the applications for any information or document that require a separate or special work, research, examination or analysis. Where the required information or the document is at an institution other than the one that is applied, the petition will be sent to the relevant institution and the applicant will be notified accordingly." Article 10: " Institutions give a certified copy of the required document to the applicant. Where the information or the document is not appropriate for copying or may cause damage to the original, the institution will provide the applicant with the necessary means;a) to examine the original document and take notes for those that are published or written, b) to listen to the material that are in the form of sound recording, c) to watch the material that are in the form of visual recording. Where the access to the information or document require other means than those mentioned above, such information or document shall be provided unless it damages the original material. The applied institution, will charge the applicant for the cost of the procedure, to be added as an income to the budget." | |
| 7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | 7 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...]" | All bodies seems to be included. Archives not mentioned (1 point loss). |
| 8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | 4 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law.[...]" | This article seems to cover the Legislative branch. |
| 9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | 4 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] c) Information: Every kind of data that is within the scope of this law and are included in the records of the institutions. d) Document: Any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of this law.[...]" | This article seems to cover the Legislative branch. |
| 10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | 0 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." | Not mentioned. |
| 11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | 2 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] f) Board: The Board of Review of Access to Information." | |
| 12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | 0 | Article 2 (Scope): "This law is applied to the activities of the public institutions and the professional organisations which qualify as public institutions." Article 3 (Definitions): "The terms used in the law means following: a) Institutions: All the authorities that can be included under article 2 of this law. [...] f) Board: The Board of Review of Access to Information." | Not mentioned. |
3. Requesting Procedures | ||||||
| 13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | 2 | Article 6: "The application for the access to information is made through a petition that includes the name, surname, residence or the work address of the applicant and the signature; where the applicant is a company, its title and the address, and the signature of the authorised person together with a certificate of authorisation, to the institution that possesses the information or the document.[...]. The information and the document that is required must be specified in the petition." | Reasons are not listed among the information to be included in requests, but it would be better if they were explicitly not required. |
| 14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | 1 | Article 6: "The application for the access to information is made through a petition that includes the name, surname, residence or the work address of the applicant and the signature; where the applicant is a company, its title and the address, and the signature of the authorised person together with a certificate of authorisation, to the institution that possesses the information or the document.[...]. The information and the document that is required must be specified in the petition." | Name, surname, residence or the work address of the applicant and the signature are asked in order to fulfill a request of information (1 point loss). |
| 15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | 2 | Article 6: "The application for the access to information is made through a petition that includes the name, surname, residence or the work address of the applicant and the signature; where the applicant is a company, its title and the address, and the signature of the authorised person together with a certificate of authorisation, to the institution that possesses the information or the document.[...]. The information and the document that is required must be specified in the petition." | |
| 16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | 0 | N/A | Not mentioned. |
| 17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | 0 | N/A | Not mentioned. |
| 18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | 0 | N/A | No mention about receipt. 15 days to response a request. |
| 19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | 2 | Article 7, Paragraph 3: "Where the required information or the document is at an institution other than the one that is applied, the petition will be sent to the relevant institution and the applicant will be notified accordingly." | |
| 20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | 2 | Article 3 (Definitions): "The terms used in the law means following: e) Access to information and document: Depending on the nature of the information and the document, providing a copy of the information or the document to the applicant; in cases were it is not possible to give a copy, permitting the applicant to examine the original information or the document and to take notes or to see the contents, or to listen to." Article 10: "Institutions give a certified copy of the required document to the applicant. Where the information or the document is not appropriate for copying or may cause damage to the original, the institution will provide the applicant with the necessary means; a) to examine the original document and take notes for those that are published or written, b) to listen to the material that are in the form of sound recording, c) to watch the material that are in the form of visual recording." | |
| 21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | 0 | N/A | Not mentioned. |
| 22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | 1 | Article 11: "The institutions shall provide the required information within 15 working days. However, where the required information or document is to be obtained from another unit within the applied institution or it is necessary to receive the opinion of another institution or if the scope of the application pertains more than one institution; the access shall be provided in 30 working days. In such case, the applicant will be notified of the extension and its reasons within 15 working days." | |
| 23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | 1 | Article 11: "The institutions shall provide the required information within 15 working days. However, where the required information or document is to be obtained from another unit within the applied institution or it is necessary to receive the opinion of another institution or if the scope of the application pertains more than one institution; the access shall be provided in 30 working days. In such case, the applicant will be notified of the extension and its reasons within 15 working days." | The requesters are notified with the reasons, but the timeline extension reaches to the 30 working days (1 point deduction because of this). |
| 24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | 2 | N/A | |
| 25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | 0 | Article 10.3: "The applied institution, will charge the applicant for the cost of the procedure, to be added as an income to the budget." | No clear rules about fees, only the mention that the requester must pay in order to get the information. |
| 26 | There are fee waivers for impecunious requesters. | - | 2 | 0 | N/A | No mention about this. |
| 27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | 0 | N/A | No mention about this. |
4. Exceptions & Refusal | ||||||
| 28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | 4 | Article 5.2: "The other legal regulations which are incompatible with the provisions contained herein shall cease to be applicable as of the date this Act comes into force". | |
| 29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | 9 | Article 15 (The Transactions that are not subject to the Judicial Review): "The transactions that are not subject to the judicial review, those that affect the working life and professional honour of the persons, are within the scope of this law. The right to information provided in this way, does not eliminate the restriction regarding the judicial review of the transaction." Article 16 (The Information and Documents Pertaining the State Secrets): "The information and documents which qualify as state secrets which their disclosure clearly cause harm to the security of the state or foreign affairs or national defence and national security are out of the scope of the right to information provided herein." Article 17 (The Information and Documents Pertaining the Economical Interests of the State): "The information or documents of which their disclosure cause harm to the economical interests of the state or will cause unfair competition or enrichment, are out of the scope of this law." Article 18 (The Information and Documents Pertaining the State intelligence): "The information and documents regarding the duties and activities of the civil and military intelligence units, are out of the scope of this law. However the information and documents, that affect the professional honour and working life of the persons, are within the scope of right to information." Article 19 (The Information and Documents Pertaining he Administrative Investigation): "The information or the document that is related to the administrative investigation held by the administrative authorities and which will; a) clearly violate the right of privacy of the individuals, b) endanger the security or the life of the individuals or the officials that carry out the investigation, c) jeopardise the security of the investigation, d) disclose the source of the information which needs to be kept secret, or endanger the procurement of similar information in connection with the investigation, are out of the scope of this Law." Article 20 (The Information or Documents Pertaining the Judicial Investigation and Prosecution): "The information or the document of which its disclosure or untimely disclosure will a) give rise to a criminal offence, b) endanger prevention and investigation of the crime or endanger the legal procedure for the detention and the prosecution of the criminals, c) obstruct the proper operation judicial duty. d) violate right to fair trial of a defendant in a pending case are out of the scope of this law." Article 21 (Privacy of the Individuals): "With the proviso where the consent of the concerned individual has been received, the information and documents that will unjustly interfere with the health records, private and family life, honour and dignity, and the economical and professional interests of an individual, are out of the scope of the right to information. Due to public interest considerations, personal information or documents may be disclosed by the institutions on the condition that concerned individual is notified of the disclosure at least 7 days in advance and his/her written consent is obtained." Article 22 (The Privacy of Communication): "The information and documents that will violate the privacy of communication, are out of the scope of this law." Article 23 (Trade Secrets): "The information and documents that are qualified as commercial secret in laws, and the commercial and financial information that are obtained by the institutions from the private or corporate persons with the condition of keeping secret, are out of the scope of this law." Article 24 (Intellectual Property (Works of Art and Science)): "In the event of application for access to information concerning intellectual property, the relevant provisions of the intellectual property law shall apply." Article 25 (Institutions' Internal Regulations): "The information and documents of the institutions that do not concern the public and are solely in connection with their personnel and the internal affairs, are out of the scope of the right to information. However, the employees of the institutions who are subject the regulations have the right to access to such information." Article 26 (Institutions' Internal Opinions, Information Notes and Recommendations): "The information and document qualified as opinion, information note, proposals and recommendations which facilitate the execution of the activities of the institutions are within the scope of the right to information, unless the opposite is decided by that institution. The opinions of the units, individuals or institutions that are legally obliged to give reports on scientific, cultural, technical, medical, financial, statistical, legal and other similar expertise fields are within the scope of the right to information with the proviso that such opinions constitute the basis of administrative decisions taken by the institutions." Article 27 (Requests for Recommendation and Opinions): "The requests for recommendations and opinions are out of the scope of this law." Article 28 (Formerly Classified Information and Documents): "The information and documents which cease to be classified either by a judicial or administrative decision are open to the applications for access to information, with the proviso that they fall within the scope of the other exceptions provided in this law." | The exceptions that falls outside the list are the following: Requests for Recommendation and Opinions. All the others are consistent with international standards. |
| 30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | 3 | Article 15 (The Transactions that are not subject to the Judicial Review); Article 16 (The Information and Documents Pertaining the State Secrets); Article 17 (The Information and Documents Pertaining the Economical Interests of the State); Article 18 (The Information and Documents Pertaining the State intelligence); Article 19 (The Information and Documents Pertaining he Administrative Investigation); Article 20 (The Information or Documents Pertaining the Judicial Investigation and Prosecution); Article 21 (Privacy of the Individuals); Article 22 (The Privacy of Communication); Article 23 (Trade Secrets); Article 24 (Intellectual Property (Works of Art and Science)); Article 25 (Institutions' Internal Regulations); Article 26 (Institutions' Internal Opinions, Information Notes and Recommendations); Article 27 (Requests for Recommendation and Opinions); Article 28 (Formerly Classified Information and Documents); | Only 2 out of 11 exceptions does not contain a harm test (Article 18 and 27). 1 point loss. |
| 31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | 1 | Article 21.2: "Due to public interest considerations, personal information or documents may be disclosed by the institutions on the condition that concerned individual is notified of the disclosure at least 7 days in advance and his/her written consent is obtained." | Only with one of the exceptions, "Privacy of the Individuals" |
| 32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | 0 | N/A | Not mentioned. |
| 33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | 0 | N/A | No procedures listed. |
| 34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | 2 | Article 9 (Exempting the Classified Information): "Were the required information or the document contain classified elements, such information shall be set a aside if separable and the applicant shall be notified of the grounds for this exemption." | |
| 35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | 2 | Article 12 (Response to the Application): "Institutions notify the applicants, or inform them in electronic format, of the result of their applications regarding access to information. If the application is rejected the applicant will be notified of the reasons and the appeal mechanism against the decision." | |
5. Appeals | ||||||
| 36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | 0 | N/A | No internal appeal listed. |
| 37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | 1 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | There is an external appeal mechanism listed named "Board of Review", that only applies for applications of documents under Articles 16 and 17 (Economical Interests of the State and State Secrets). |
| 38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | 0 | N/A | No mention about this. |
| 39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | 0 | N/A | No mention about the financing of the Board. |
| 40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | 1 | Article 14 (The Board of Review of the Access to Information): "The Board of Review of the Access to Information reviews the administrative decisions rendered under Articles 16 and 17, and makes decisions regarding institutions on the exercise of right to information. The Board is composed of 9 members. The Council of Ministers, appoint two members amongst the four candidates nominated by the General Board of the Court of Appeals and the Council of State from their members; three members, each amongst the scholars of criminal, constitutional and administrative law who bear the title Professor or Associate Professors; one member among the two candidates that have the qualifications to be elected as chief of bar and are nominated by the Turkish Bar Association, two members amongst those who have been serving as general director; and a member among judges in service of the Ministry of Justice as recommended by the Minister. Nomination is subject to the approval of the candidates. [...] The secretarial services of the Board are executed by the Prime Ministry. The Prime Ministry prepares and puts into force the regulation concerning the procedure and the basis for the activities and tasks of the Board." | It seems to be that the members of the board are elected for their professional expertise. The board is diverse, with members from all the areas to guarantee independence. |
| 41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | 1 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | "The institutions are obliged to provide every kind of information and document that are required by the Board" No specific mention about their inspection powers (1 point loss). |
| 42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | 0 | N/A | No mention about the strength of the decisions of the Board. |
| 43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | 0 | N/A | No mention about the possible remedies for the requester. |
| 44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | 2 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | There is the possibility to appeal against a Judicial Court. Article provides: "...may appeal to the Board before appealing for judicial review". |
| 45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | 0 | Article 13 (The Procedure for Appeal): "Within 15 days starting from the official notification, the applicant whose application for access to information is rejected due to the reasons under Articles 16 and 17, may appeal to the Board before appealing for judicial review. The Board shall render a decision within 30 days. The institutions are obliged to provide every kind of information and document that are required by the Board within 15 days. Appeal to the Board suspends the time limit to refer to the administrative jurisdiction." | Not mentioned. |
| 46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | 0 | N/A | Not mentioned. |
| 47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | 0 | N/A | Not mentioned. |
| 48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | 0 | N/A | Not mentioned. |
| 49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | 0 | N/A | Not mentioned. |
6. Sanctions & Protections | ||||||
| 50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | 2 | Article 29 (Criminal Provisions): "Without prejudice to any prosecution to be conducted by virtue of general provisions of criminal law, the officials and other civil servants who negligently, recklessly or deliberately obstruct the application of this law, shall be subject to disciplinary sanctions as provided in the relevant regulations of personnel regime. The information and documents that are obtained according to this law, cannot be copied and used for commercial interest". | The definition of the article is extensive and seems to cover this. |
| 51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | 0 | N/A | No specific mention. |
| 52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | 0 | N/A | No specific mention. |
| 53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | 0 | N/A | No specific mention. |
7. Promotional Measures | ||||||
| 54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | 0 | N/A | Not mentioned. |
| 55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | 0 | N/A | Not mentioned. |
| 56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | 0 | N/A | No public efforts listed. |
| 57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | 0 | N/A | Not mentioned. |
| 58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | 0 | N/A | Not mentioned. |
| 59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | 0 | N/A | Not mentioned. |
| 60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | 2 | Article 30 (Preparation of the Reports): "The institutions shall prepare reports pertaining the previous year and that show.." | |
| 61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | 2 | Article 30 (Preparation of the Reports). Section E: "the number of the appeals to the decisions of rejection and the and their results, and send them to the Board of Review of the Access to Information until the end of February, every year. The institutions that are associated, related or connected to another public legal entity send their reports through the ministry they are associated with. The Board prepare a general report and send it to the Turkish Grand National Assembly every year until the end of April, together with the reports received from the institutions. These reports are disclosed to the public by the Presidency of the Turkish Grand National Assembly in two months time." | |
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