Vudot Last edited by tintagel; 28th April at These restructuring efforts realized through public reforms gained momentum in s. Public bodies and institutions are obliged to provide any information and document, except for those determined by law, upon request. These Articles lay down what information can be provided and what cannot under this act. There are three basic aspects Social Policy at MSc level. The purpose of the act, the importance of the right to information, the information and documents that are included in the scope of the right to information act and penal sanctioning to be applied to public officials who violate the act are laid down clearly. These criticisms, with in Turkey: Hope it can be lifted.
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Access to public information and freedom of information FOI refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability , boosting people participation and allowing their informed participation into public life.
The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. No specific right of access to information was enshrined in the Turkish Constitution that in Article 26 instead refers to the right of free expression , including the "right to receive information".
In the amended Constitution, Article 74 specifically refers to the right to information establishing that everyone has the right to obtain information. Following the Constitutional amendments, the right to appeal to the Ombudsperson is also provided. The law was introduced in the framework of the negotiations for accession to the European Union. On September 21, , the Open Government Partnership OGP Steering Committee designated the inactive status of Turkey with regard to the OGP action plan which included, among other objectives, an improvement of the possibility to access public information for Turkish citizens.
According to Law No: , the law applies to any natural and legal person who are entitled to apply to the institutions by way of exercising the right to information. Government bodies are required to respond in 15 working days. They must provide either a certified copy of the document or when it is not possible to make a copy, applicants can examine them at the institution.
It started to publish all information on its decision only in with the launch of its website. In November , the Law was amended in order to allow any kind of appeal. The report also notes that, however, there is no quality assurance in the responses given to applicants. According to Decision No. According to the European Commission EC Progress Report on Turkey, the Law on access to public information is not fully aligned with international standards. Another problem highlighted by the EC is the failure to adopt pending legislation on state and trade secrets, which prevents to balance between confidentiality and transparency when assessing freedom of information requests.
Under Articles No. In practice, protection of state secrets, commercial secrets and privacy were among the most common grounds for rejecting a request.
The exercise of the right of access to public information is particularly problematic in the Turkish context, where the management of public affairs is characterized by a secretive approach to power and politics, and several problems affect the exercise of the right of free expression and media freedom.
The percentage of requests refused remained small, approximately 3. Regarding the right to access information for lawyers, especially when they are assisting defendants accused with terrorism charges, they face serious problems.
Their access to documents pertaining to the case can be restricted before the trial. The OGP action plan included, among other objectives, an improvement of the possibility to access public information for Turkish citizens.
That resolution called for the government of Turkey to take steps to re-engage in OGP, including the development of a National Action with broad civil society participation by September 1, From Wikipedia, the free encyclopedia. Retrieved Retrieved March 6, An assessment by the EBRD". European Bank for Reconstruction and Development. May Retrieved 14 February Prime Ministry. The Review Board of Access to Information.
Retrieved 21 February Open Government Partnership Initiative. Archived from the original on April 8, Official Gazette. January 24, Archived from the original on March 7, November 21, European Commission. United Nations, Human Rights Council. Retrieved March 24, Access to public information in Europe. Categories : Freedom of information Rights Freedom of speech Human rights by issue. Namespaces Article Talk. Views Read Edit View history. Contribute Help Community portal Recent changes Upload file.
Access to public information in Turkey
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