The Interior Ministry, Turkey Grand National Assembly of fundraising in the Law on the prevention of weapons of mass destruction adopted and which are related to the Law on Associations made statements about the new regulations.
Why were changes needed?
With the regulation, it is aimed to ensure transparency through a more effective inspection, to prevent the abuse of our citizens' feelings of charity and to make non-governmental organizations more effective and more reliable; In addition, the recommendations of the Financial Action Task Force-FATF (Financial Action Task Force), of which we are a member and which develops policies to combat the financing of terrorism, are also met.
Is it difficult to collect aid with the provisions of this law?
There is no provision in the Aid Collection Law that makes it difficult to regulate the existing regulation. Regulations have been made to prevent unauthorized aid collection over the internet, which is not clearly stated in the legislation, whose abuse is open and is frequently used.
In addition, the upper limit of administrative fines related to all kinds of unauthorized or improper aid collection activities was increased.
Is there a restriction on the aid to be made abroad?
There is no limitation regarding the aid that real and legal persons can make abroad. Only associations are obliged to notify the amount of aid they will make abroad and their destination to the authority specified in the law.
Is there a restriction on membership to associations?
No restrictions are imposed with the new regulation.
In which situations cannot be assigned to the organs of the association?
Those convicted of terrorism financing, drugs and money laundering cannot take part in the management and supervisory boards of associations. These persons can take part in the event that prohibited rights are restored (return of satisfied rights).
In what situations is suspension possible in associations?
a) Crimes included in the Law on the Prevention of the Financing of Terrorism,
b) Manufacturing and trade of drugs or stimulants included in the Turkish Penal Code,
c) In the event that a lawsuit is initiated by the court and a prosecution is initiated by the court against those working in the management and supervisory boards and the relevant personnel due to the laundering of assets arising from the crime stipulated in the Turkish Penal Code, these persons or the organs where these persons work may be suspended by the Minister of Interior as a temporary measure. Instead of those dismissed by the minister, only the court will appoint them.
Was there dismissal in previous legislation?
If, as a result of the inspections of public benefit associations, it was determined that crimes requiring imprisonment were committed, the directors of the association could be suspended by the Minister of Interior according to Article 27 of the Associations Law.
In what cases is it possible to withhold associations from activities?
In cases where the dismissal measure imposed due to the reasons listed in the above article is insufficient and there is a risk of delay, the Minister of Interior may temporarily suspend the association and apply to the court immediately. The court gives its decision on the temporary suspension from the activity within 48 hours.
Was there a regulation in the previous legislation regarding the detention of associations from activities?
Pursuant to Article 115 of the Turkish Civil Code, foundations could be temporarily suspended from activities by the Minister of Internal Affairs in cases stipulated in the Constitution. Similar arrangements have been made for associations.
Is there a regulation regarding dismissal and suspension in the legislation of other countries?
There are similar applications abroad, for example; crimes against the constitutional order and racism, discrimination, terrorism, etc. In case of commission of crimes, the Minister of Interior in Germany, the Council of Ministers in France and the Charity Commission in England can be suspended from activities, dismissal and appoint a temporary manager.
Why can an expert be assigned for inspections?
An expert can be appointed to determine the situation in matters that require expertise in association audits. They do not have the authority to control and make decisions.
Is it a new practice for associations to be audited by other public officials?
Public officials can still be assigned under the supervision of the association according to the Provincial Administration Law. In the new situation, this issue is included in the Law on Associations and it is aimed to increase the education, qualifications, knowledge and skills of public officials who will take part in the audit.
Is the regulation for requesting documents and information in association audits against the Personal Data Protection Law?
Information and documents obtained for the audit must be requested and protected in accordance with the provisions of the Law on Protection of Personal Data.
Are foundations covered by the Law on Associations?
No regulation has been made regarding foundations whose headquarters are in the country. Only the foundation centers its activities in Turkey were located abroad scope of the law.
Is there any contrary to the freedom of association in the regulation?
With the regulation made, no restrictions are imposed on the establishment of the association, nor on membership to the associations, nor on the activities of the associations.
Is the regulation in line with the Constitution and the European Convention on Human Rights?
The regulation is based on article 33 of the Constitution titled "Freedom of Association".… The freedom of association can only be restricted by law, for the reasons of national security, public order, prevention of crime, protection of general health and public morals and the freedom of others.
… Associations… However, in cases where national security, public order, preventing the commitment of a crime or the continuation of the crime or if there is a problem with delay, an authority may be authorized by law to ban the association from its activity.With the provision "stated in Article 11 of the European Convention on Human Rights" Freedom of Assembly and Association ""shall not be subjected to restrictions other than those necessary for the protection of national security, public security, the maintenance of public order and the prevention of crime, the protection of health or morals or the rights and freedoms of others“It was made strictly in accordance with the principles.