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Peer review report on Fight Against Corruption by - Delegation of

By Chris Russell,2014-03-16 11:01
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It is also the Financial Intelligence Unit FIU for Turkey and is a member of the Egmont GroupCapital Market Board Experts. Customs Inspectors

    PEER BASED ASSESSMENT MISSION TO

    TURKEY

    REFORM OF THE JUDICIARY AND ANTI-

    CORRUPTION

    FIGHT AGAINST CORRUPTION AND ECONOMIC CRIME INCLUDING MONEY LAUNDERING AND THE FINANCING OF

    TERRORISM

    ANKARA

    17 21 NOVEMBER 2008

    Tom McGoona

    United Kingdom

    Table of contents

    Executive summary 4

    1. Introduction 6

2. Policy and domestic institutions 6

    2.1 National Strategy to Fight Corruption 6

    2.2 Turkish Grand National Assembly (TGNA) 7

    2.3 Commission for Enhancing Transparency and Good Governance 7

    2.4 Prime Ministry Board of Ethics 7

    2.5 Constitutional Court 8

    2.6 Ministry of Justice 9

    2.7 Public Prosecutors Office 9

    2.8 Law Enforcement Agencies 10

    2.9 Ministerial Inspectorates 11

    2.10 Turkish Court of Accounts 12

    2.11 Audit 12

    2.12 Public Procurement Agency 13

    2.13 Board of Review of the Access to Information 13

    2.14 Civil Society 14

3. Domestic Legal Framework 14

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    4. Fight against Economic Crime including Money Laundering and the Financing 16 of Terrorism

4.1 Role of MASAK 16

4.2 International co-operation 18

4.3 Countering the Financing of Terrorism 18

5. Conclusion 19

    6. Summary of Recommendations 19

    Annex A Relevant Legislation 21

    Annex B International Instruments 23

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Executive Summary

    The expert was tasked by the European Commission to assess anti-corruption and anti money laundering measures taken by the Turkish authorities in the fight against corruption and economic and financial crime in the public sector. The assessment reviewed the anti-corruption capacities of the public sector institutions responsible for the prevention and counteraction of corruption in Turkey. Meetings were held with the Public Prosecutors Office; the Prime Ministry Inspection Board; the Ministry of Interior; the Ministry of Finance; the Under-secretariat of Customs; the Prime Ministry Board of Ethics; the Turkish National Police; the General Command of Gendarmerie; the Public Procurement Agency; the Ministry of Justice; the Board of Review and Access to Information; the Turkish Court of Accounts; the Constitutional Court and with representatives from a local ‘think tank’ to assess a civil society perspective on the fight against corruption. The purpose was to assess the current capacity and propose recommendations. The process involved an analysis of each administrations anti-corruption activity. The expert met with the Financial Crimes Investigation Board (MASAK) to assess their capacity with respect to combating money laundering including the financing of terrorism.

    Prior to the visit the expert was informed that the Turkish Authorities did not have a National Anti-corruption Strategy although an action plan ‘Increasing Transparency and Enhancing

    Transparency in the Public Sector’ had been adopted in 2002.

    During the visit the expert was provided with a draft National Anti-corruption Strategy [NACS]. NACS needs to be further developed involving all public institutions and civil society. To be fully effective NACS will require Ministerial support with a single body responsible for coordinating activities. The Ministerial Commission established to coordinate the implementation of the 2002 Action Plan and the Prime Ministry Inspection Board (PMIB) providing technical support and secretariat can fulfil these roles.

The Turkish National Police is responsible for policing and enforcing security within

    metropolitan areas. The General Command of Gendarmerie is subordinated to the General Staff for military, training and education issues and to the Ministry of Interior for policing and enforcing security outside of the municipalities. Both the TNP and the Jandarma have an