Right to Information - 3

The presentation letter, right to information law passed during the first year belirtilmekle generally positive, some delays in implementation are discussed. Some of them, some negative attitudes process relates to law enforcement agencies. However, they expected to change in the process. One of the major concerns voiced by the Board, the first form of law, as we mentioned earlier, certain provisions of the law is the limited jurisdiction BEDK'nun. In other words, a request for information, only the economic interests of the state secrets grounds being totally or partially refused the right to appeal in cases where the disadvantages are mentioned BEDK'na and go change the law on this subject have been expressed expectation. The first part of this expectation is for Parliament, and as discussed undisclosed wasted, BEDK'nın jurisdiction in 2005, a request for information which will be partially or completely in case of refusal has been expanded to all the objections.
If we look at the results for the year 2005, 657.961 units this year, the application of information made in Turkey. Given the application was made in 2004, a total of 395 557 in 2005, the number of applicants in Turkey has been an increase of 66% over the previous year.
In 2005, the number of applications given a positive response to 542 364 'roll. In other words, 82.4% of all applications' reputation is given an affirmative answer. Applications is 21 712 percent is "partly positive and partly rejected," replied. 3.3% of the total application rate of the applications in this manner'' is answered. 54.234 The number of rejected applicants' roll, and 8.24% of total application account for. Total applications within the "confidential or secret nature of information and access to the document provided by subtracting the information applications" has been the number 5979. This number is 0.91% of total application is.
31 172 for the relevant organizations and institutions where the applicant directed to the wrong institution. Of these applications, the rate in the overall total of 4.7% is. Reference to the judiciary on cases that were rejected in 2004 after its rejection in 2005 of the 311 applicants who applied to the judiciary. Accordingly, unlike in 2004, 2005, in the tables, "who objected to the judiciary rejected the application entitled" created a new category. General report on the right to obtain information which is required to inform the public about a press conference that Parliament, in 2005, unlike previous years, the judicial organs of the application is rejected, the people who applied to be on the "rising tide gauge effectiveness in the use of the right to information" interprets (Parliament, 2006). Although few in number of persons benefiting from this right, the situation of people benefited from the rights given to them within the scope of information is important to show.
Access to information is partially or completely rejecting applicants who may appeal to another authority established under Law No. 4982 BEDK'dur. Assembly in 2004, 355 institutions and organizations regarding their response has been one application for appeal. Bound to decide all of these objections. The 178 objections have been accepted (with an approximately 50% of the total), institutions and organizations in other words, the answers given to the applicants did not place. If the number of 37 objections were partially accepted, the applicant organizations and institutions in place some of their negative responses were seen in the other part. 72 in number of objections, the relevant institutions and organizations in responses observed and the Board, it was decided to reject the objections made. 262'sı objection applications, law No. 4982, 15 business day appeal period prescribed for appeal to the Board and the reconsideration process to the situation, in accordance with regulations, the owners of appeal have been reported.
BEDK assessment made by the Board "is an important part of the appeals made to the applicants' own rights' inquiry-investigation reports' and 'assessment reports' objections to experience the demands of institutions and organizations create a positive" node is said (BEDK, 2005). The use of the right to information, institutions and organizations in need of applications made under the 4982 law, and any disputes regarding BEDK'na applicants about their applications for the investigation-review reports and assessment reports have an important place. Thus, along with the implementation of the law, public employees could not access for years, that concern them the opportunity to know about documents and information are provided. Higher number of applicants in this issue shows the importance of this issue.
Direct appeal, as well as references to applications made through BEDK'ya is also in question. According to a statement issued by the Board, is an important part of these applications relate to the implementation of Law No. 4982, "the institutions and bodies under the Law Kurulumuza in 2004 by Law No. 4982 on the Implementation of the Right to Information Act and the hesitation to face in the implementation of the Regulation on the Procedures and Principles regarding the points fall the applicant has been pieces of 18 "tour (BEDK, 2005). Applications submitted directly to the Board in 2005 continued.
Information Assessment Board, and it was largely made directly to obtain information or documents concerning the right to information about methods of administration the sum of the desired applications, compared to data for 2004 and 2005, more than the first year. Falling in 2005 with a grand total, however, the applicant, responded to a positive number of applications increased. Ironically, next to the applications responded positively to the rate of applications rejected (though narrowly) is elevated in the same year. In 2005, with the ratio rising further, "directed to other institutions and organizations" belongs. This rate was 6.45% in 2004, 21.1% in 2005, is.
The Last Word instead of a Rating
Right to information, reducing the state, within the framework of governance and civil society organizations working to come up with a substitute is a point worth considering. Erosion of the value of what is political, as well as the rights of organized efforts to search and request information of the individual "odaklarca directed a team" to be addressed that are known to be especially subject to several criticisms and obstacles. Right to information, among the individual categories of rights are usually thought to be a stand-alone use. Of course, the right to information is important to become open to citizens through the public documents. However, information obtained from public becomes necessary to change and criticism of the policies used for the purpose, the involvement of individuals in organizations should be well. Information system in Turkey, offered detailed data on the demographic characteristics of applicants. However, data held in the framework of the European Union in the plane application, non-governmental organizations at the beginning of the beneficiaries of the right of access to documents and show that the persons in these organizations. Can be used effectively in terms of the right to information is another point to keep in mind, a whole is that the rights and freedoms. The right to information and freedom of thought and explaining the idea of ​​the obstacles affected the rights of citizens to live in better economic conditions, the organized manner in order to move is affected by the categories of social and economic rights and freedoms.
Effectively uses the individual's right to use the right to information must be equipped. Read and write in the first place, knowing the most basic niteliklerdendir required to access the information. Agencies reference can be made in the computer environment and in particular to try to expand and in this way access to information of this path, transport and so on. removing obstacles to render practical considering the above-mentioned minimum hardware level slightly higher than the drawn. For example, the convenience and quality access to information appears to be computer literate. And when its allocation information in order to use the person's bilgilenebilmek and, therefore, important to shortening the time required to meet the necessary requirements.
Specific regulations regarding the right of access to information or documents and make a general assessment of the application examples, Turkey and the European Union within the framework of the implementation of systems that have similar characteristics to each other, although the planes are different. Being implemented in our country since 2004 on the right to obtain information from the system is organized format, largely in the European Union, especially in 2001 which came into force in December 1049/2001 applied by Regulation Changes made after the system is similar to that of the right to access to documents. We mentioned in previous sections of this similarity assessments. At this stage, both the system we want to emphasize certain points within the framework of this example.
The right to information and the expansion of the use of the right of access to documents, arrangements for the limitation of the right is key. Positive or negative or partly positive partly negative on the responses to the application, as well as after the removal of confidential information and allows access to information or document which is recognition of the decisive element, largely right "exception" larıdır. In terms of logic and form of regulation, as mentioned in detail in the relevant sections, it shares with the two systems are numerous points. Different aspects of the system in Turkey, reports and statements prepared on an annual basis, the reasons for refusal related exceptions, which in detail the reason for restricting the representation sunulmayışıdır with. Although not cast this issue in detail, we examine the case of Turkey in institutions and organizations, national security, safety, defense, organizations and institutions active in areas such as the information given to applications made under the right to request the "red" response rate, in some cases, the "secret information" s response to the high ratio of separated to give an idea about it. In contrast, the public institutions and organizations related to economic and financial issues, "red" and their applications "confidential information" s left and the ratio of the number of applications responded, according to the above mentioned institutions and kuruluşlarınkine very low. In addition, institutions and organizations mentioned in their rates of positive response rate data for the whole of Turkey's application, in general, similar.
Right "exceptions" in relation to the plane of the European Union is one of the reasons for rejection, especially prominent since 2002, the first application stage, "inspections, investigations, auditing purposes" of the case to protect the process. In other words, disruption of these processes, functioning as intended, prevent damage to persons involved in the process, is the reason for these exceptions. The aforementioned exceptions, 1049/2001 of Regulation 4 § 2 Paragraph is located, these exceptions in certain circumstances "exception" may be also. "Exception to the exception of" identification and evaluation, the previously mentioned embodiments, as seen in cases with varying cases, used as a touchstone element of this process, the "public interest" is in the public interest to compare their respective interests in the application to be obtained from the positive yanıtlanmasıyla, if possible stabilization is unparalleled. Another prominent exception, "the decision-making process" protection. Given a positive response to the application, the decision-making processes that damage the disclosure of the requested documents görecekse, reddedilebilmektedir prompt access. Here again, the "public interest" element, the exception is an exception. This exception in the application is usually used to protect the Commission's decision-making process. Applications may also confirming the agenda after the first applicant, these exceptions have been used more frequently than others.
One of the important issues for the functioning of the system, reducing the burden created to handle requests for access to information and documents, to prevent the misuse of increasingly right. The plane of the European Union in this direction, there is a concrete arrangements. Applications made under the right to access to documents, in the absence of an open request, the applicant requested netleştirmesinin prompt one of them. In addition, documents that are subject to ask if too long or too many, the non-formal discussion of the applicant and any other method uzlaşılmaya work on this issue. From Turkey, there are similar measures in the regulations. Although, in general, "abuse of right" principle in question, though, the two-year period, the passage of time, the system is growing more accepted and taken into consideration the number of applicants, concrete steps need to be taken in this regard is clear.
Is our framework, Turkey and the European Union is one of the important points which will differ between applications, refer to the process of appeal. Differences within the framework of the first to say, confirmatory applications (confirmatory application) stage is whether our country. However, given the debate in Turkey, is seen on this issue much durulmadığı. Within the system of the European Union, the first applications of the results, confirming little changed, considering the applications, provided by the institution providing the first response can be evaluated to be very essential, although this practice may be considered useful. In addition, the total number of entries made under the right to information in Turkey, the European Union is much more than numbers given in the plane, an application in this direction, the system will lead to significant disruptions predictable. However, the plane of the European Union and in Turkey, the ombudsman is seen as a system to be utilized. The ombudsman system operates well in Europe. In Turkey, there are suggestions in this respect. Place a system to give positive results in one country to another can not be expected to give the same result. Therefore, the system, do not need to adopt much the same way. However, the task load of the courts in Turkey, they viewed the file numbers are considered, along with rights to information will reduce this burden will increase further and will be useful to create a system to ensure the conclusion of the issue quickly. On the other hand, they have increasingly supranational legal systems, depending on qualifications and the citizens of our country as well, albeit under the principle of reciprocity, the right to obtain information in terms of taking advantage of people who are not Turkish citizens, especially in the sphere of human rights, international legislation, judges decide the issue by experts Connecting is very important. As long as the inclusion of relevant experts, the right will be an important step towards the use of effective and comprehensive way.
System in terms of Turkey, the other important point is that, as mentioned earlier, the right use of the lifeblood of the matter, which limits the right of another term, the right of exceptions, the provisions of the Right to Information Act to clarify this issue, and even some of the law to cases of "applied" as soon as possible to ensure that legislation is done. "State secrets" of the "trade secret" definition rin, mainly associated with the Right to Information Act to support the left in the law dragged on, the system of key importance for the realization of amaçladıklarının.

NOTES
The five principles of good governance as a White Document, transparency or transparency, participation, accountability, effectiveness and coherence is counted.
Made by Law No 2 of 2001, a constitutional amendment in October 4705, the 1982 Constitution, "the protection of fundamental rights and freedoms entitled" 40 the second paragraph added to article, "The state operations, apply and their time interested persons must indicate what legal remedies and authorities are defined as" (TC 1982 Constitution, 2006:64). "Right to petition titled" 74 amendments to Article, the right to petition "citizens" next "mutuality laws Foreigners residing in Turkey," it is stipulated otherwise used by the. A further amendment petitioners also result in the same article as written "without delay" to report stated (TC 1982 Constitution, 2006:98).
3 Uslu, in his speech, the time when "the public" the term "state" and substituting "the public and society," "public and citizen" refers to pairs at.
4 prepared for the implementation of the right to information regulation 2 Article, institutions and organizations within the scope of regulation is considered as follows: "This regulation is within the scope of the central administration, public administration and their affiliated, related or associated institutions, except the villages and their local governments and related organizations and associations or their affiliated companies, the Central Bank, Stock Exchange and as a public legal entity, including universities, institutes, enterprises, agencies, funds and other names, all public institutions and organizations established activities of professional organizations qualifying as public institutions, and applied. "
5 In 2005, the sum of the right to information prepared and presented to the public in the table, calculated in a different way it was in 2004. Statement for the year 2005, this point is indicated in the table below. The aforementioned calculation method, "directed to other institutions and organizations" category number (31.172), the total number of applicants (657.961), reduced, "the net number of applicants referred to as" reached the number of 626.789, the number and percentage calculations are based. We have to be consistent with the calculations of 2004 and two years' data, allowing a comparison between the full terms, we preferred the method used in 2004. Thus, the overall total for the year 2005, "directed to other institutions and organizations have opted for" calculated to contain.

RESOURCES

• 2004/12 Circular No: (2004). Petition and Right to Information Pertaining to the Prime Minister's Circular, Official Gazette, Issue: 25 356, http://.rega.basbakanlik.gov.tr, Date Accessed: 07/15/2006.
• Law No. 4982 (2003). Right to Information Act, Official Gazette, Issue: 25269, http://rega.basbakanlik.gov.tr, Date Accessed: 06/26/2006.
• Ayanoğlu, T. (2006). Evaluation of the Right to Information Act No. 4982, Proceedings of International Conference on Citizens Right to Information, TESEV Publications, 51-57. http://www.tesev.org.tr
• BEDK (2005). Information Assessment Board of Prime Ministry of Turkey by the General Report for 2004 presented to the Parliament, http://www.tbmm.gov.tr, Access Date: 28.10.2006.
• Berkarda, K. (2006). Determinations of the administration's Eye on the right to information, Proceedings of International Conference on Citizen's Right to Information, TESEV Publications, 82-85 http:www.tesev.org.tr, Date Accessed: 15/07/2006.
• Hacaloğlu, A. (2003). Speaking on behalf of the CHP Group on the Draft Law on Access to Information, Council Meetings on Right to Information Act No. 4982, 5th Unification, Journal of Parliamentary Record, Period: 22, Volume: 27, Legislative Year: 2, 9 October, www.tbmm.gov.tr, Date Accessed: 15/07/2006.
• Kenneth, HK, DD Clark et al. (June) (2001). Global Networks and Local Values, USA: National Academy Press.
• Commission Report (2003). Draft Report of the Main Commission on Access to Information Act, http://www.tbmm.gov.tr/bilgiedinme/bilgiedinme-index.htm, Date Accessed: 07/15/2006.
• Report from the Commission (2003). Report from the Commission on European Governance, http://europa.eu, Date Accessed: 07/14/2007.
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• Parliament (2003b). Assembly Calls on Right to Information Act No. 4982, 5th Unification, Journal of Parliamentary Record, Period: 22, Volume: 27, Legislative Year: 2, 9 October, www.tbmm.gov.tr, Date Accessed: 15/07/2006.
• Parliament (2006). Head of the Parliament Press Release May 17, http://www.tbmm.gov.tr, Access Date: 28.10.2006.
• TESEV (2004). Right to Information Assessment Report, http://www.tesev.org.tr, Date Accessed: 07/15/2006.
• Uslu, ZK (2003). Speaking on behalf of the AKP Group on the Draft Law on Access to Information, Council Meetings on Right to Information Act No. 4982, 5th Unification, Journal of Parliamentary Record, Period: 22, Volume: 27, Legislative Year: 2, 8 October, www.tbmm.gov.tr, Date Accessed: 15/07/2006.
• White Paper (2001). White Paper on European Governance, http://eur.lex.europa.eu//LexUriServ/site/en/com/2001/com 2001-0428en01.pdf, Date Accessed: 26/06/2006.
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• Regulation (2004). Principles and procedures for implementing the Law on Right to Information Regulation, Official Gazette, Issue: 25 445, http://rega.basbakanlik.gov.tr, Date Accessed: 06/26/2006.

Information: Associate Professor at Gazi University Faculty of Communication. Dr. Asra Tugba Hasdemir'in given on May 10, 2008 "RIGHT TO INFORMATION AND PRESS" seminar.

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