“Article 8(1) of the enabling law states that the HREIT is affiliated to the Minister nominated by the President of the Republic of Türkiye, and that the President may exercise powers regarding the administration of the institution through the Minister when deemed necessary. The HREIT reports that this provision has never been invoked in practice and that the formal affiliation to the relevant Ministry does not constitute a hierarchical relation with the Executive.
The SCA emphasizes that an NHRI must be established in a constitutional or legislative text with sufficient detail to ensure the NHRI has a clear mandate and independence. The SCA is particularly concerned with the possibility of political interference in the administration of the institution.
The SCA further emphasises that the Paris Principles require an NHRI to be independent from government and parliament in its structure, composition, decision-making, and method of operation. It must be constituted and empowered to consider and determine the strategic priorities and activities of the NHRI based solely on its determination of the human rights priorities in the country, free from political interference.
The SCA recommends that the HREIT advocates for the necessary changes in its legislation to ensure the institution is independent from the Executive.”