Country of origin information report Turkey December 2007

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The General Information Gathering System (GBTS)

30.10 The Swiss NGO Schweizerische Fluchtlingshife (Swiss Organisation for Refugees) stated in its report on Turkey published in June 2003 that:
“There are a number of different information systems in Turkey. The central information system is known as the GBTS (Genel Bilgi Toplama Sistemi – General Information Gathering System). This system lists extensive personal data such as information on arrest warrants, previous arrests, foreign travel restrictions, avoidance of military service, desertion, refusal to pay military tax and delays paying tax. Served sentences are as a rule removed from this information system and entered onto the database of criminal records (Adli Sicil).” [8] (p41)
30.11 As outlined in the September 2003 Report on GBTS system by the Turkish Ministry of Interior, the GBTS is operated by the Anti-Smuggling Intelligence and Data Collection Department of the Turkish National Police. The Ministry of the Interior further state that “In the GBT system records of the following are kept as a general rule:
(i) Persons who have committed a crime but have not been caught;

(ii) Persons who have committed serious crimes such as organised crime, smuggling, drugs related crimes, terrorism, unlawful seizure, murder, fraud;

(iii) Persons who have search warrants issued including those who have an arrest warrant issued “in absentia”;

(iv) Persons who are barred from public service;

(v) Missing persons;

(vi) Persons of responsibility within political parties who have been convicted of crimes defined in the Political Parties Law No.2908, article 4/4;

(vii) Stolen, lost, appropriated motor vehicles, firearms, identification documents.” [17]
30.12 The Kurdish Human Rights Project (KHRP) in their 2004 legal review publication on legal developments stated in Hasyer that:
“Torture is still endemic in Turkey. The only recent improvement was an indication that methods of torture were less likely to leave visible marks. The GBTSS system stores various personal data. This includes information on criminal convictions, criminal records, outstanding arrest warrants, previous arrests, official judicial preliminary inquiries or investigations by the police or gendarmerie etc. On return to Turkey and at the point of entry all Turkish nationals, including returning failed asylum seekers, are checked against the GBTSS computer records. Returnees with no documents or temporary travel documents will be perceived as a failed asylum seeker. If a returnee is thought to be a failed asylum seeker or if the GBTSS computer records reveal information which is regarded as suspicious he or she is likely to be detained for interrogation at the point of entry. Interrogation is intended to establish or check personal particulars, reasons for and time of departure from Turkey, grounds for seeking asylum, reasons why the application was rejected, any criminal records at home and abroad, and possible contacts with illegal organisations abroad. These were only examples and the questioning was likely to concentrate on the factor(s) which excited suspicion in the first place. Interrogation at the airport was unlikely to amount to persecution, although there is a risk of ill-treatment if an individual upon transfer to the Police HQ in Bakirkoy or the Political (or Anti-terror) Department headquarters on Vatan Caddesi. If as a result of interrogation and further inquiries there is no continuing suspicion the person is likely to be released after an average of 6 to 9 hours. When individuals are held for interrogation, police at the point of entry are likely to seek further information from police or gendarmerie stations in the birthplace and other places of residence in Turkey. If they hold any information about the individual it will be more detailed than that shown on the central computer records. If it is discovered during the initial computer check, interrogation, or inquiries in the home that area an individual is suspected of membership of ‘separatist’ organisations they are likely to be handed over to the Anti Terror Branch. Once transferred to the Anti Terror Branch there is a real risk of torture.” [6a]
30.13 As stated by the Turkish Ministry of the Interior in September 2003, records are erased from the system under the following circumstances:
(i) Upon the death of a person convicted of a crime by a court;

(ii) As soon as a court decision of non-pursuit, acquittal or expiry of time limitation reaches the Turkish National Police (TNP) regarding a person who was previously registered in the GBTS;

(iii) In case of a crime other than those listed above, when the person is caught;

(iv) In case of stolen/lost/appropriated property, when the property in question is found. [17]

30.14 Only the latest warrant of arrest is held on file. The others are cancelled. Information about convicted persons is stored at the Judicial Registry Office (Adli Sicil Mudurlukleri), rather then on the GBTS. [17]
30.15 The Turkish Ministry of the Interior stated in September 2003 that “Only records of people who are under judicial proceedings or judicial examination are kept on the GBTS. No records of people are kept on the system who are detained and [subsequently] released by the security forces.” [17]
30.16 The Swiss Organisation for Refugees in its report published June 2003 stated that “Experience has shown, however, that despite its name, this [GBTS] system does not by any means contain all the information relating to a given individual. Concrete examples have demonstrated that individuals are generally only entered onto the system following prosecution or issue of an arrest warrant by the public prosecutor or a court.” [8] (p41)
30.17 However, the Swiss Organisation for Refugees also stated that “In several cases we have discovered that individuals who have been denounced as PKK activists or sympathisers show up as not being sought and therefore do not appear on the register even though authentic police statements prove that they have been denounced by name.” [8] (p41)
30.18 The report continued “It should be mentioned that in addition to the GBTS central information system, the various security forces each have their own information systems… They include the registers of the police, the anti-terrorist department, the gendarmerie, JITEM, the military secret service etc. It is therefore perfectly possible for someone not to be listed on the central system but to be sought by the anti-terrorist unit.” [8] (p41)
30.19 The Swiss Organisation for Refugees further stated that:
“Neither can the absence of a data entry or current investigation or the lack of a passport ban be taken as evidence that an individual is not in danger. Despite the absence of entries in the central information system, the individual concerned might be listed on one of the other information systems. This must certainly be assumed in the case of individuals who have already been taken into custody by the police, gendarmerie or some other branch of the security forces in the past.” [8] (p41)
30.20 In a fax sent to the British Embassy in Ankara on 7 October 2005, the Assistant Director of the Trafficking and Organised Crime Directorate of the Turkish Ministry of Interiors confirmed that:
“In our country the GBT system is governed by the Trafficking Intelligence and Information Gathering Directorate attached to the Ministry of Internal Affairs. Law enforcement units such as the police and the gendarme can use the GBT system. While the customs officers stationed at international ports and borders cannot use the GBT system police units stationed at all land, air and sea borders are able to use the said system. Foreign establishments cannot use this system in any way whatsoever. The offence of leaving the country through illegal means can only be detected when the offenders are captured abroad. It is impossible to know who left the country through illegal means and therefore no records are being kept in relation to such matters. Draft evaders are also being registered in the GBT system. Records relating to individuals who are being prosecuted or are subject to investigation are being kept in the GBT system. Records relating to individuals who have been taken into custody and subsequently released are not registered in the GBT system.” [4f]
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31 Employment rights

31.01 The US State Department Report (USSD) 2006, published on 6 March 2007, noted that, “The national minimum wage of approximately $360 (531 lira) per month did not provide a decent standard of living for a worker and family… The law establishes a 45-hour workweek with a weekly rest day, and limits overtime to three hours per day for up to 90 days a year. Premium pay for overtime is mandated but the law allows for employers and employees to agree to a flextime schedule. The Labor Inspectorate of the Ministry of Labor effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors, which covered approximately 12 percent of workers.” [5g]
31.02 The Turkish Statistical Institute (TURKSTAT) released on 28 September 2007 the Wages and Earnings in the Manufacturing Industry second quarter 2007 noted that:
“When average monthly gross earnings were examined by statistical regional classification at level 12 (twelve regions) (NUTS1), the highest per capita average monthly gross earnings was found in Western Black Sea Region (1 970 TRY.) In the second quarter of 2007 and Northeastern Anatolia Region (1 868 TRY.). Istanbul Region has 1 604 TRY per capita average monthly gross earnings in the second quarter of 2007.” [89b]
31.03 The European Commission 2007 report recorded that:
“There is little progress to report with regard to employment policy. In 2006, the

unemployment rate fell to 9.9 %, while the overall employment rate – at 43.2% –was slightly down compared to 2005. The labour market is characterised by low labour force participation and low employment rates, in particular for women, and high levels of youth unemployment. The large size of the informal economy and the marked rural/urban divide in the labour market are the main challenges. More than half of those in employment are not registered with any social security institution. The Prime Minister’s circular on combating undeclared work identifies various targets and activities. However, more concrete policies and measures, including greater inspection capacities, are needed in order to tackle the problem together with the social partners. No further progress was made in finalising the Joint Assessment Paper on Employment Policy Priorities (JAP). The Turkish Employment Agency (ISKUR) continued its efforts to improve its institutional capacity.” [71d] (p53-54)

31.04 The European Commission 2007 report also stated that, “As regards social dialogue, there is limited progress. The requirement to have worked for at least ten years in order to be elected to the management bodies of trade unions has been lifted. However, the draft legislation aimed at bringing the currently applicable Trade Union and Collective Bargaining, Strike and Lockout Laws into line with ILO and EU standards is still pending. Full trade union rights have to be established in Turkey… The number of workers covered by collective agreements is still low and further decreasing.” [71d] (p53)
31.05 The EC 2007 report further noted that:
“There is no progress to report in the area of labour law. Shortcomings in the transposition of a number of directives remain; these include the limited scope of application of the Labour Law. On administrative capacity, recruitment of additional qualified personnel by the Ministry of Labour and Social Security and its affiliated institutions continued.” [71d] (p53)
31.06 The EC 2007 report also noted that:
“As regards health and safety at work, Turkey has attained a good degree of alignment with the acquis. However, shortcomings remain. In particular, new legislation to transpose the Framework Directive has not been adopted. Furthermore, existing legislation does not cover all workers in the private sector and excludes workers in the public sector. In addition, further efforts to implement the legislation are needed, including through awareness-raising, training and strengthening the capacity of the inspection bodies.” [71d] (p53)
31.07 The European Commission 2007 report stated that, “With regard to access to the labour market, new legislation on work permits for foreign nationals makes the procedure for obtaining such permits easier and exempts certain professionals, including those working for national and international projects, from the requirement to obtain work permits.” [71d] (p34)
31.08 The EC 2007 further added that, “Efforts to increase the capacity of the Public Employment Service have continued. Additional staff has been recruited and training has been provided. Work has been initiated to provide jobseekers with public employment services through the internet. Further efforts are needed to prepare for participation in the EURES (European Employment Services) network.” [71d] (p35)
Major Trade Union Confederations
31.09 As recorded in Europa Regional Survey of the World: The Middle East and North Africa 2005, the major trade union confederations were TÜRK-IŞ (Confederation of Turkish Labour Unions) and DISK (Confederation of Progressive Labour Unions). [1a] (p1204)
31.10 The EC 2007 progress report recorded that:
“On labour rights and trade unions, the requirement to have worked at least ten years in order to be elected to the management bodies of trade unions has been lifted by new legislation. Furthermore, some employers' and employees' unions have concluded joint declarations and protocols on bipartite social dialogue. However, restrictions remain on the exercise of full trade union rights. Turkey fails to fully implement the International Labour Organisation (ILO) Conventions in particular as regards the right to organise, the right to strike and the right to bargain collectively. Turkey still maintains its reservations on Article 5 (right to organise) and Article 6 (right to bargain collectively) of the revised European Social Charter.” [71d] (p20)
31.11 The US State Department Report (USSD) 2006, published on 6 March 2007, noted that:
“The law and diverse government restrictions and interference limited the ability of unions to conduct their activities, including collective bargaining. Industrial workers and some public sector employees, excluding white-collar civil servants and security personnel, have the right to bargain collectively, and approximately 1.3 million workers, or 5.4 percent of the workforce, were under collective bargaining agreements. The law requires that, in order to become a bargaining agent, a union must represent 50 percent plus one of the employees at a given work site and 10 percent of all the workers in that particular industry. This requirement favored established unions. The International Trade Union Confederation claimed that the law resulted in workers in many sectors not being covered by collective agreements.” [5g] (section 6b)
31.12 The USSD 2006 report further noted that, “The law provides for the right to strike; however, the law requires a union to take a series of steps, including negotiations and nonbinding mediation, before calling a strike. The law prohibits unions from engaging in secondary (solidarity), political, or general strikes--strikes involving multiple unions over a large geographical area--or in work slowdowns. In sectors in which strikes are prohibited, labor disputes were resolved through binding arbitration.” [5g] (section 6b)
Main Employers’ Associations
31.13 As recorded in Europa the main employers’ associations are TÜSIAD (Turkish Industrialists’ and Businessmen’s Association) TISK (Turkish confederation of employers’ Associations). [1a] (p1202)
31.14 The Turkish Industrialists’ and Businessmen’s Association (TUSIAD) undated website noted that:
“This is the highest advisory board. All members of the Association are members. The General Assembly shall elect six members from among the members of the High Advisory Council to form the Presidency Board for two years. This Board consists of a chairman, three deputy chairmen and two secretaries. The Council meets at least twice a year as determined by the Chairman of the Council, to debate and decide on issues.

Principal duties of the council are:

a) to review the course and problems of Turkish industry and business and to consider long-term policy measures in relation thereto;

b) to evaluate strategies for the realization of the purpose of the Association and offer advice on such matters.” [26]

31.15 The Turkish Industrialists’ and Businessmen’s Association (TUSIAD) US branch website stated that:
“Founded in 1971 and is an independent, non-governmental organization dedicated to promoting public welfare through private enterprise. TUSIAD supports independent research and policy discussions on important social and economic issues in Turkey and abroad. Much like the US Business Roundtable, TUSIAD is comprised of the CEOs and Executives of the major industrial and service companies in Turkey, including those that are among global Fortune 500 companies.” [25]
31.16 The same website also stated that:
“TUSIAD has expanded its scope to include US-Turkish relations and launched its office in Washington, DC, in November 1998. Within the general framework of the mission of its parent organization, TUSIAD-US strives to:
Be a conduit for exchange of information between Turkey and the United States…

Establish its own line of communication with the US administration and agencies, congressional committees, think tanks, business organizations, media, and international organizations;

Develop suggestions and formulate policy recommendations on ways to strengthen Turkish-US political, economic, and business ties…” [25]
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Annex A: Chronology of major events
(As reported in the BBC’s ‘Timeline – Turkey, A chronology of key events’ unless otherwise sourced) [66a]
2001 January: Diplomatic row with France after French National Assembly recognises the killings of Armenians under the Ottoman Empire as genocide.

May: European Court of Human Rights finds Turkey guilty of violating the rights of Greek Cypriots during its occupation of northern Cyprus.

June: Constitutional Court bans opposition pro-Islamic Virtue Party, saying it had become focus of anti-secular activities. New pro-Islamist party Saadet is set up by former Virtue Party members in July.

October: The Turkish Parliament approved several amendments to the Constitution, notably to articles concerning the use of the Kurdish language. The amendments were intended to facilitate Turkey’s accession to the EU. [44a]

November: British construction firm Balfour Beatty and Impregilo of Italy pull out of the controversial Ilisu dam project. Swiss bank UBS follows suit in February 2002.
2002 January: Turkish men are no longer regarded in law as head of the family. The move gives women full legal equality with men, 66 years after women’s rights were put on the statute books.

February: Law No. 4744 adjusting some Turkish laws to the October 2001 constitutional amendments, was adopted by the Turkish Parliament. [71a] (p25)

March: Law No. 4748: further reform package. [71a] (p25)

July: Pressure for early elections as eight ministers including Foreign Minister Cem resign over ailing PM Ecevit's refusal to step down amid growing economic, political turmoil. Cem launches new party committed to social democracy, EU membership.

August: Parliament approves reforms aimed at securing EU membership. Death sentence to be abolished except in times of war, bans on Kurdish education, broadcasting to be lifted.

November: General election the AKP won two-thirds of the seats. President Sezer subsequently appointed AKP Deputy Leader Abdullah Gül as Prime Minister. [1a] (p1171)

December: Constitutional changes allow head of ruling AK, Recep Tayyip Erdogan, to run for parliament, and so to become prime minister. He had been barred from public office because of previous criminal conviction.
2003 January: The Turkish Government passes the fifth reform package allowing Turkish citizens who are found to have been denied a fair trial by the ECtHR to be retried in Turkey. [1a] (p1171)

March: AK leader Recep Tayyip Erdogan wins seat in parliament. Within days Abdullah Gul resigns as prime minister and Erdogan takes over.

May: More than 160 people, many of them schoolchildren trapped in a dormitory, die in an earthquake in the Bingol area.

June: Eyeing future EU membership, parliament passes laws easing restrictions on freedom of speech, Kurdish language rights, and on reducing political role of military.

July: The Turkish Parliament passes the sixth reform package aimed at improving human rights. [36c] (p1-3)

September: The PKK/KADEK announced an end to their four year cease-fire with the Turkish Government. [1a] (p1171)

November: On the 20 November two further suicide bombings were carried out one against the British Consulate and the other against the headquarters of the British based HSBC bank in Istanbul. [66n]
2004 January: Turkey signs protocol banning death penalty in all circumstances, a move welcomed in EU circles.

March: Local elections were held and were won overwhelmingly by the ruling AKP. [36g]

May: Passage of constitutional reform package. [1b] (Turkey: The Constitution)

June: PKK ends its five-year unilateral ceasefire begun in 1999. [66o]

Four Kurdish deputies (Leyla Zana, Hatip Dicle, Selim Sadak and Orhan Dogan) released from prison. [44b] First official broadcasts in Kurdish language take place. [4h] (p106)

September: Parliament approves penal reforms introducing tougher measures to prevent torture and violence against women. Controversial proposal on criminalising adultery dropped.

October: European Commission report gives the go ahead for talks to begin on Turkey’s accession to the European Union. [66ak]