Recommendations
A/HRC/33/51/Add.1
Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
3.
equality body, for preventing discrimination and
safeguarding the right of equal treatment, in line with EU
directives on equality
The general preamble of the Law no. 6071 includes direct
references to the United Nations Paris Principles, CoE
Conventions and EU Directives (2006/54/EC, 2000/43/EC,
2000/78/EC).
According to Law no. 6701, the Institution shall have the duty
and power to investigate the allegations of discrimination, illtreatment and torture upon application or ex officio. The
Institution shall have the duty and power to investigate human
rights violations only ex officio.
Level of implementation and
observations (to be completed by
the WGEID)
necessary powers to act as an
independent National Preventive
Mechanism as mandated by the
Optional Protocol of the Convention
against Torture.
Independence
According to the Article 149 of the Statutory Decree no. 703
dated 9 July 2018, which envisages amendments to the Law no.
6701, “The Human Rights and Equality Institution of Turkey,
affiliated to the Minister appointed by the President, with public
legal entity status and administrative and financial autonomy, has
been established in order to fulfil the duties and execute the
powers conferred on it by this Law and other relevant legislation.
The President, when necessary, may exercise his authority
through the Minister in matters concerning the management of
the Institution.” In addition, the Presidential Circular No. 2018/1
provides that the Human Rights and Equality Institution of
Turkey is affiliated with the Ministry of Justice. Affiliation is the
weakest possible attachment type in Turkish administration
system.
59
A/HRC/45/13/Add.4
HREI has public legal personality, administrative and financial
autonomy and private budget in order to ensure the independence
of the Institution.
The Law no. 6701 regulates that the Board shall consist of 11
members including a head and a deputy head. Additionally,
according to Article 10 of the Law, the Board as the decisionmaking body of the Institution, shall perform and exercise its
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