Circular on the Use of the Law on Petition and Right to Information

2004/12
Individuals with the public about their wishes and complaints to administrative authorities to apply for and obtain information on issues related to their field of activities for themselves or exercise their rights, equality, democratic and transparent governance based on the principles of impartiality and openness requirement. Administration - individual relationship rule of law, democratization and to ensure transparency, sensitive to individual rights and freedoms during the execution of administrative activities, the most fundamental attribute of the rule of law is treated.

Government will make the introduction of stronger ties between state and society and the people's demands and expectations, has adopted a policy based on the maximum level of response given. Emergency Action Plan 'contained in the "citizen-centric approaches to the fulfilment of public services will be adopted.

 This policy (creating grim ambition.In this context. Law No. 4709 dated 3.10,2001, the Constitution of the Republic of Turkey, "the protection of fundamental rights and freedoms," the second added to article law paragraph 40th, State, operations, propulsion movement about having to specify what legal remedies and authorities that apply and their time as well as "Right of Petition" Chapter 74 'in the amendment made in Article »stipulated petitioners notified the applicant in writing of the results.

Ability of these changes to our Constitution to give the application, the Law on the Use of Right to Petition No. 3071 dated 01.11.1984 and dated 02.01.2003 amended by Law No. 4778? "In the Article, being built or about the outcome of the transaction stages, the competent authorities no later than thirty petitioners also during the day and the result declared to the provision of reasons are given to respond. also come into force on 24.4.200 ^ No. 4982, dated 09.10.2003 Right to Information Act which also organized the principles and procedures concerning the exercise of their right to information. Both at the time of issue, the National Programme for Adoption of the Acquits in the field of human rights commitments to improving the legal and administrative arrangements and practices have great  importance and priority.

However, this was not shown the necessary sensitivity to the implementation of the provisions of the Constitution and the law, a petition to applications made after a period of administrative or legislative authorities granted by the answers given in response, sometimes, the way complaints occur, there is so efficient use of the right to petition.

In this context, the right to petition and right to information legislation in accordance with the principles and procedures to ensure effective use, the central ministries and provincial agencies, governors, district and local administrations and other public institutions and organizations, wrote the following areas of service are obliged to follow the rules.

1. Right to petition, by getting answers to questions through the acquisition of knowledge, by making a complaint to check, by making their wishes and suggestions that democratic participation is one of the significant political rights.

• Turkish citizens and the foreigners who live in Turkey have rights to apply to Turkish Grand National Assembly (TGNA) or any administrative authority about themselves or their request or complaints about the public. (On the condition that the petitions are written in Turkish and reciprocity is provided.) Any applications to the authorities will be answered according to process below:

The public authorities who have received the application petitions of individuals or legal entities will prepare a document on which the arrival date of the petitions, their registration numbers and their subjects are written and these authorities will deliver these documents to the applicants without any charge.

The petitions without a name, address, signature or subject or the petitions about official matters will not be answered. However, if the applicants attach necessary documents or information, which provide concrete data about the subject, to their petitions, these applications will be regarded as announcement and be processed. The applications which are the tasks of another administrative authority will be delivered to the relevant authority and the applicant will be informed.

It is a legal obligation for authorities to answer the application petitions of individual or legal entities without delay. The relevant authority will give an answer to the applicants  at latest 30 days with an explanation and ending of the process. If the process still continues, they will also make an explanation about the ending process.

As the petitions sent to Turkish Grand Nationality Assembly are supposed to be investigated by the petition commission and Human Rights Commission and be resolved in 60 days, it will be carefully considered to answer these petitions which are sent by TGNA in at latest 30 days by the relevant authority.
 

• If there are applications to change, cancel or withdraw the ongoing applications which are accepted by the administration, the procedures below will be applied considering the 11^th clause of Administrative Jurisdiction Procedures Law which regulates the application and answer process to the administrative authority.
   

The application petition will be delivered to the relevant authority which has the authority to change, cancel or withdraw the administrative acts as soon as possible. The competent authority will give an answer by investigating the legality of the process in terms of every factor soon after the application is made to the administrative authority. If the administrative act cannot be changed, cancelled or withdrew, the answer given to the applicant will show the legal remedy to be followed in order to object to this administrative act and the application time.
 

1. The basis and procedures about the use of the right to information are settled in the law no 4982 “Right to Information Act” which is going to operation in 24.04.2004.  In this respect,

• State institutions and organizations and professional organizations which are also regarded as state institutions will quickly conclude the information applications which are related to their ongoing acts and they will deliver all kinds of information and documents apart from the exceptions indicated in the law to the applicants.
   
• If it is required, institutions and organizations will provide the access to the required information and document in 15 workdays. If the required information and document need to be provided by another unit in the same institution and organization or to be asked the opinion of another institution and organization or the application is the concern of  more than one institution and organization, the access to the information and document will be provided in 30 work days. However, if this time extends, the reason will be explained in written to the applicant before 15 work days are finished.
   
• Apart from the acts which can affect a person’ working life and professional dignity, the other administrative acts, which are not controlled by the judiciary, state secrets, information about state economic interests, security intelligence, administrative investigation or private life, the information and documents which can violate the secrecy of communication, confidential business secrets and the issues in Law on Intellectual Artistic Works form the exceptions of right to information. Besides, the information or documents which are published as a result of demands, recommendations or requests or the information or documents which are open to the public are not included in the issues of right to information.
   
• The disciplinary charge in laws and regulations will be applied to the civil servants and other public servants who have a role in negligence, fault or intent in application of Right to Information Act.

Furthermore, the applicants who tell their requests and complaints orally by coming to the state institutions and organizations will be helped and welcomed nicely and decently. The demands of applicants will be instantly investigated and their problems will be solved.
 

On that score, all of the employees will be informed about the laws and regulations and the procedure mentioned above, educational programs for employees will include these issues widely, the settings about the right to information and the use of petition will be controlled in terms of laws and regulations and at the end of these investigations, there will be disciplinary charge to public servants who do not obey the rules.
 

Pursuant to the law no 3071 “Right to Use of Petition”, in the second clause of the circular letter (1993/2) published in 22.01.1993 about public relations, 20 days to answer a petition is extended to 30 days in accordance with the laws and regulations. The inscription dating from 29.12.1994 and with no 20369 which is about citizens’ applications is abolished.
 

In this respect, the adjudications about “Right to Use of Petition” and “Right to Information Act” will be applied according to the laws and regulations mentioned above by all of the state institutions and organizations.
 

This circular letter becomes valid when it is published.

Recep Tayyip ERDOĞAN

       The President