A freedom of information request is a petition. If the procedure of the petition is not right, the application is not taken up. This article gathers the procedural rules whose source can be verified.
The Constitutional Basis: Article 74
The heading of Art. 74 of the Constitution is "The right of petition, the right to information and the right to apply to the Ombudsman".
| Para. | Provision |
|---|---|
| 1 | Citizens, and foreigners resident in Turkey subject to the principle of reciprocity, have the right to apply in writing to the competent authorities and to the Grand National Assembly of Turkey concerning their wishes and complaints about themselves or the public |
| 2 | The result of applications concerning themselves is notified to the petitioners in writing without delay |
| 3 | Repealed - Art. 8 of Law No. 5982 of 7/5/2010 |
| 4 | (Added paragraph: Art. 8 of Law No. 5982 of 7/5/2010) Everyone has the right to information and the right to apply to the Ombudsman |
What a Petition Must Contain
Art. 6 of the CIMER Regulation lists the particulars required in applications by natural persons:
- Name and surname
- The Turkish ID number for Turkish citizens; the passport number or foreign ID number for citizens of other countries
- The place of residence and/or business address and contact details
- A signature
For an application by a legal person the title, the place of residence, the signature of the authorised person and, where applicable, the central legal person number and the authorisation document are also required.
When Is No Signature Required?
The third paragraph of Art. 6: no signature is required for applications to be made through the electronic and mobile service provider or by telephone. However, additional identity and contact details may be requested under Art. 6 of Law No. 4982 in order to establish the applicant.
Which Petitions Are Not Taken Up?
The second paragraph of Art. 5 of the CIMER Regulation lists the out-of-scope situations in seven subparagraphs. The three most practical for a journalist:
| Subpara. | Situation | Practical meaning |
|---|---|---|
| b | Those whose purpose and subject are not intelligible | Write your request in a single sentence |
| d | Those in the nature of a criminal complaint falling only within the duties and powers of the public prosecutors and other judicial authorities | A criminal complaint is made to the prosecutor |
| e | Those containing only expressions based on estimate or supposition and containing no concrete information or document | Base it on the document you hold |
The other subparagraphs: those within the legislative or judicial activity (a), those containing a claim, debt or obligation within private law relations (c), those found to have been made using another person's identity and contact details or by persons lacking capacity of discernment (ç), and those made in a way that may lead to a manifest abuse of the right (f).
The Response Period
Art. 74/2 of the Constitution says "without delay" but gives no number of days. The concrete period is in Art. 11 of Law No. 4982 for freedom of information applications: as a rule fifteen working days; thirty working days where the information or document is to be obtained from another unit or the opinion of another body is required.
We cover the detail in the response times guide and, for refused applications, in the appeal guide.
A Note on Sources
A Practical Checklist
- Have I written my request in a single sentence?
- Have I clearly stated which document I want?
- Does my request rest on concrete information or a document?
- Have I written my identity and contact details in full?
- Is my signature on the written application?
- If I am applying on behalf of an organisation, is my authorisation document attached?
Summary
The constitutional basis of the right of petition is Art. 74: citizens, and foreigners resident in Turkey subject to the principle of reciprocity, may apply in writing to the competent authorities and to the Grand National Assembly concerning their wishes and complaints; the result is notified in writing without delay. The right to information, by contrast, is granted to "everyone". An application requires name and surname, identity number, address and a signature; no signature is required for electronic and telephone applications.