Procurement Notices

The overall objective of this assignment is to support the realization of Activity A.1 Benchmarking and review of the existing legislative framework and obstacles to exercise effective oversight functions over the law enforcement bodies and internal security bodies. Local Short term expert will be responsible for making a legal review in the field of internal security oversight in Turkey. Turkish police system will be a part of the book titled as The Governance and Oversight of Internal Security Forces which examines, evaluates and compares civilian oversight mechanisms in selected EU countries- namely France, UK, Spain and Turkey. The first chapter of this book titled as “Comparative Legal Appraisal” provides a cross-country study of regulations and a set of recommendations, which aimed at drafting secondary legislation. Throughout this part, constitutional, parliamentary, judicial, hierarchical, different internal or external and oversight mechanisms of the three selected EU member states are compared to the situation in Turkey. Additionally, citizen and local authorities’ involvement in security policies and issues is the subject of discussion. The second chapter titled as “Guidelines and Recommendations” puts forward recommendations and guidelines derived from comparative studies as necessary steps to be taken by Turkey in the field of the civilian oversight.

The duties and responsibilities of the expert are as follows:

Local Short Term Expert will be mainly responsible for contributing in the production of a report on legal review in the field of internal security oversight in Turkey in the field of constitutional, parliamentary, judicial, hierarchical, internal and external oversight mechanisms, citizen and local authorities’ involvement in security policies, regulations on video surveillance and rights and duties of security forces personnels.

·         Local Short Term Expert will be responsible for providing a report and filling all the proposed tables containing comparable criteria, considering legal framework but also practice which includes the following;

1.      Core constitutional oversight principles over ISFs in Turkey in terms of Constitution, supremacy of law asserted, restriction on supremacy of law, protection of free exercise of liberties, subordination to civilian authority, internal/external security definition and accountability of all administrations and forces;

2.      Oversight powers of Parliament in Turkey with regards to discussion and approval of state budget, national yearly plan submitted to Parliament, Parliamentary request of Information from government, Parliamentary inquiries /questions & interpellations, Parliamentary investigation committees, publicity of parliamentary investigation reports, Court of Accounts, remit of Court of Accounts, exception on control of security policy formulation bodies;

3.      Judicial Oversight Mechanisms in in Turkey including Courts functions and independence guaranteed in constitution, investigation procedures, Nature of restrictions to courts’ investigation powers, existence of Strong oversight powers over police investigators, Special accreditation for investigation officers, Assessment of investigating officers by public prosecutor, Restriction because of “national interests” and Administrative courts oversight;

4.      Structure, remits and oversight functions of Ministries of Interior in Turkey in terms of Territorial organization, Budgetary control of all ISF’s by MoI, Gendarmerie, Coast Guards, Head(s) of ISFs, Appointment of national police head and gendarmerie head, the profile of gendarmerie and police national head, Appointment/ dismissal of provincial heads, Policy formulation/ daily work orientation, Inspection / Sanctions, Specific gendarmerie academies / civilian professors, Representative of government at local level;

5.      Internal Oversight Mechanisms in Turkey Audit services / status vis-à-vis ISFs, Appointment of heads of inspections, Guidelines or standards for conducting inspections / publicity

6.      Oversight of Governors in Turkey such as governors role and mission, Assessing provincial heads of ISFs performance & quality of work, Inspection and Discipline;

7.      Independent External Oversight Mechanisms in Turkey;

8.      The mechanisms for citizen and local authorities engagement into security policies in Turkey in terms of existence of municipal police, national councils, partnerships, local councils, legal status of consultation with population, integration of consultation into policing plans, national tools for examining citizen’s expectations and NGOs involved as think tanks in local security;

9.      Other relevant Legal Arrangements and Considerations in Relation to Civilian Oversight in Turkey.

The criteria stated above can be extended if required or deemed necessary.

·         The expert will be assigned to produce a set of narrative paragraphs (2-3 pages for each table) describing and explaining the content of each table.