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Group of States against Corruption publishes report on Turkey
Strasbourg, 20 April 2010 - The Council of Europe’s Group of States against Corruption (GRECO) has published today its Third Round Evaluation Report on Turkey. It focuses on two distinct themes: criminalisation of corruption and transparency of party funding.
Regarding the criminalisation of corruption [theme I], the country’s legal framework for the criminalisation of corruption is quite complex and contains several deficiencies in relation to the requirements established under the Council of Europe’s Criminal Law Convention on Corruption. The report points out that the legislation should be thoroughly reviewed to clearly signal what kind of conduct constitutes bribery. Some of the most important shortcomings concern the narrow concept of bribery offences which excludes corrupt behaviour without an agreement between the parties or without a breach of duty by the public official. Moreover, bribery of foreign and international officials, foreign jurors and arbitrators (as defined by the Additional Protocol to the Criminal Law Convention on Corruption) as well as bribery in the private sector and trading in influence are not fully addressed by the Turkish legislation. There is also a potential for misuse involved in the defence of ‘effective regret’, which can be invoked when an offender reports a crime after its commission.
Concerning transparency of party funding [theme
II], the existing legislation is, overall, of quite a good standard and
in many respects in line with the principles set out in the
Recommendation Rec(2003)4 of the Committee of Ministers of the Council of
Europe on Common Rules against Corruption in the Funding of Political
Parties and Electoral Campaigns. By contrast, individual persons such as
party candidates, independent candidates for election and elected
representatives are not subject to transparency regulations that apply to
political parties. Hence, the most obvious shortcoming of the current system
is the lack of specific legislation and monitoring of campaign financing for
parliamentary, presidential and local elections. As regards general party
funding, the degree of transparency achieved in practice is not fully
satisfactory. Party accounts tend to be incomplete, they are not certified
by independent auditors and comparisons are difficult if not impossible.
Most parties do not publish their accounts. In addition, the supervision of
party finances – currently performed by the Constitutional Court – warrants
further improvements in terms of efficacy, rapidity, thoroughness and
detection of undeclared funding, in particular in the form of in-kind
The report as a whole addresses 17 recommendations to Turkey. GRECO will assess the implementation of these recommendations, towards the middle of 2011, through its specific compliance procedure.