Ombudsman

Türkiye İnsan Hakları ve Eşitlik Kurumu

TİHEK

39/100

Summary

TİHEK was established by Law No. 6701 (Official Gazette 29690, 20 April 2016) as Turkey's equality body and, crucially, its OPCAT National Preventive Mechanism. Under Article 9(1)(j) of Law 6701, it conducts regular announced and unannounced visits to all places of deprivation of liberty — police stations, prisons, immigration detention, and psychiatric facilities — and may interview detainees and staff. The Board comprises 11 members appointed for four-year terms by the President of the Republic (amended by Decree Law No. 703 in 2018, transferring appointment authority from the Council of Ministers). TİHEK holds GANHRI B-status due to concerns about the adequacy of its independence from the executive. It issues advisory recommendations only; it has no power to impose discipline on law enforcement, no independent use-of-force investigative function, and no statutory subpoena or testimony-compulsion authority. Evidence access during NPM visits is partial (restricted to what facilities present during visits). No civilian-composition requirement exists in the statute — all 11 members are presidential appointees.

Independence Scorecard

Independence Score: 39/100 (weak)
39/100
Weak
Methodology v0.1
AppointmentExecutive appointment
Term length4 years
Removal standardFor cause only
Budget independenceExecutive discretion
Subpoena powerNo
Compel testimonyNo
Records accessRestricted
Public reports requiredYes
Pre-publication reviewNone — reports published directly

Statute

Name
Türkiye İnsan Hakları ve Eşitlik Kurumu Kanunu
Citation
Kanun No. 6701, Resmî Gazete 20.04.2016/29690 (as amended by Decree Law No. 703, 2018)
Full text
Full text of law →

Jurisdiction scope

Protection and promotion of human rights; prohibition of discrimination; and National Preventive Mechanism under OPCAT — conducting visits (announced and unannounced) to all places where persons are deprived of their liberty or placed under protection, including police detention facilities, prisons, immigration detention, and psychiatric institutions. Issues advisory recommendations; no binding discipline authority.

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