AKP legislative proposal: Authority to appoint administrators and for the President to freeze assets of various organisations

In relation to a legislative proposal made by AKP to the Turkish Grand National Assembly (Parliament), the Interior Minister opens the doors to appoint administrators and for the President to be given the power to freeze the assets of various organisations including NGOs and community serving organisations.

The new legislative proposal by AKP titled; “Law on the Prevention of Weapons of Mass Destruction '' will affect various public serving organisations including Non-Governmental Organisations (NGOs), human rights groups as well organisations in the media sector. The government will be able to appoint an administrator to these organisations where it believes it is necessary. If there is an investigation against the managers of the relevant organisation because of a press conference statement, administrators could be appointed to replace the management of the organisation in question. 

The United Nations Security Council (UNSC) has given the authority to those taking part in the decision making to also freeze the assets of the managers of the relevant organisations. According to Gokcer Tahincioglu’s article from T24, the proposal, titled: “Law on the Prevention of Weapons of Mass Destruction” has been brought to the Grand National Assembly of Turkey by the AKP party, which is a new proposal authorising the Interior Minister to appoint new administrators to the management of various public serving organisations. If the proposal becomes law, the Minister of Internal Affairs and the governorships will be able to strike off the names of the NGOs who are investigated under “terrorist” activities. Under the new law the government will be able to temporarily suspend the activities of the organisation and appoint administrators to their management if it is deemed necessary.

Accordingly, the activities of all the organisations that may be targeted by the government, this includes organisations in the field of human rights campaigns and in the media sector, will be restricted "albeit temporarily". If there is an investigation due to a press release or a press conference about the directors of the organisations, an administrator may be appointed to replace the management.

THE PRESIDENT WILL HAVE THE AUTHORITY TO FREEZE ASSETS

The way in which the activities of individuals / organisations included within the UNSC resolution will be prevented and assets frozen depends on the specifics of the proposal. To raise or supply funds to those individuals / organisations referred to in the UNSC resolution, also entering into business partnership or other business relationship in Turkey, and to raise or supply funds for the prohibited nuclear and ballistic missiles programs under this resolution or in relation to other related activities will be prevented. These individuals / organisations will not be able to have a representation in Turkey, all of their activities will be banned and current activities will be terminated. 

Those individuals and their organisation’s assets in Turkey could be removed by authority given to the President. These decisions will be implemented without delay and the decision will be published in an Official Newspaper. 

An Audit and Cooperation Commission will be established for the purpose of this law. The Commission will also monitor the implementation of UNSC resolutions. If necessary, it will be able to make a proposal to the President about persons and organisations that prohibited transactions and activities to be added to or removed from the UNSC list.

The proposal also includes prison sentences to be imposed on those who do not obey these prohibitions or do not implement these decisions.

NEW LAW TO APPOINT ADMINISTRATORS

The proposal could apply to various organisations with branches in Turkey, which will no doubt cause many disputes. The funding of these organisations will be strictly examined and controlled by the Interior Ministry or the governorships. In case of illegal funding activities on the internet, these contents will be blocked. Sanctions will be imposed on the hosting provider that does not block the content. The ministries and governorships will have to take directions from the criminal courts. 

Those who raise funds without permission on the internet will be fined up to 200k Turkish Lira. Supervisors will be able to obtain all sorts of information from banks regarding the fundraising activities.

Foundations and organisations from overseas with branches in Turkey will also be within the scope of the relevant audit.

EVEN IF PARDONED FROM A SENTENCE, THEY MUST LEAVE OFFICE

According to the proposal, with the relevant provision added to the Associations Law, those convicted of terrorist crimes within the scope of the "Law on the Prevention of the Financing of Terrorism" will not be able to work in any parts of the organisation in question other than to serve in the general administrative body, even if they have served their time or pardoned for those charges. If they have been elected for the management of the organisation, their duties will be deemed to have ended by law. The Ministry of Internal Affairs will be able to assign specialists in addition to the inspectors.

All organisations and foundations will need to inform the Ministry of Internal Affairs about  aids and payments they make and receive from abroad. A fine will be imposed on those who receive any sort of income, collection, expenses or payments in excess of 7k Turkish Lira which are not processed through banks.

NEW ADMINISTRATOR APPOINTED DURING INVESTIGATION

Those who are being investigated for terrorism related activities of the organisation can be suspended from duty as a temporary measure by the Minister of Interior.

In cases where the measure is inadequate or delayed, the Minister of Internal Affairs may temporarily suspend the activity of the organisation. The court will review the decision within 48 hours.

The Ministry will be able to appoint administrators to replace the people they have suspended. As a result we will now see a period of administrators appointed against various organisations including community serving organisations in the same way administrators have been appointed on councils in various parts of the country.