(GROUP OF STATES AGAINST CORRUPTION)

ESTABLISHMENT
Upon decision no (98) 7 which was taken in Council of Europe Ministries Committees Meeting on 4th May 1998, the Group of States against Corruption (GRECO) was established on 1st May 1999 by 17 founder states to monitor States’ compliance with the organisation’s anti-corruption standards.

PARTICIPATION
GRECO which is regarded as one of the most prestigious organizations established in the Council of Europe together with Court of Human Rights, is an dynamic and flexible mechanism which has international fame and prestige in combating corruption. In order to join it is not compulsory to be a member of Council of Europe. The only criteria sought for full membership is to approve that under no circumstances you may be monitored by GRECO and you are obliged to join ‘mutual evaluation’ process without any prejudice.
Apart from member states of Council of Europe, USA is also a member. Number of states joining GRECO is increasing and with  Belarus’s participation on 13rd January 2011 the number of member reached to 49. As a symbol showing its determination and intention to fight against corruption which became an important issue internationally, Turkey became a member of GRECO on 1st January 2004 .

MISSION
GRECO’s objective is to improve the capacity of its members to fight corruption by monitoring their compliance with Council of Europe anti-corruption standards through a dynamic process of mutual evaluation and peer pressure. It helps to identify deficiencies in national anti-corruption policies, prompting the necessary legislative, institutional and practical reforms. GRECO also provides a platform for the sharing of best practice in the prevention and detection of corruption.

LEGAL INSTRUMENTS ADOPTED BY THE COUNCIL OF EUROPE
Basic legal instruments determining the Council of Europe’s standards are in the following:

  • Criminal Law Convention on Corruption (ETS 173)
  • Civil Law Convention on Corruption (ETS 174)
  • Additional Protocol to the Criminal Law Convention on Corruption (ETS 191) (Turkey is not a party to this)
  • Recommendation on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns (Recommendation Rec(2003)4)
  • Twenty Guiding Principles against Corruption (Resolution (97) 24)
  • Recommendation on Codes of Conduct for Public Officials (Recommendation No. R(2000)10)

 THE WAY HOW GRECO OPERATES
GRECO monitors countries stage by stage. These stages cover following terms and subjects:

ROUNDS

TERMS

SUBJECT

First Evaluation Round

2000-2002

Prevention, investigation, prosecution of corruption offences and independency, autonomy, competence of people and institutions who are in charge of concluding them.

Encouraging people and institutions who are in charge of fighting against corruption and providing opportunities and training for them to carry out their tasks.

Exceptions in terms of investigation, prosecution and punishment related to corruption cases.

Second Evaluation Round

2003-2006

Seizure and confiscation of proceedings of corruption.

Public administration and corruption.

Legal persons and corruptions.

Third Evaluation Round

2007-2012

1st Subject

CONSTITUTES OFFENCE:

Article 1a and1b, 2-12,15-17 and 1st paragraph of Article 19 of Criminal Law Convention on Corruption (ETS 173)

Article 1-6 of Additional Protocol (ETS 191)

Guiding principles 2 (corruption that constitutes offence)

2nd Subject

TRANSPARENCY OF FINANCING POLITICAL PARTIES

Article  4, 8,11, 12,13b,14 and 16Common Recommendations and Rules on fighting against corruption about financing political parties and election campaign Rec(2003)

Guiding principle 15 (financing political parties and election campaigns)

Fourth Evaluation Round

2012-

1st Part

Fighting against corruption as regards to parliamentarians

2nd Part

Fighting against corruption as regards to Judges and Prosecutors

GRECO, as a matter of principle, monitors countries separately in each evaluation round based on their responses received from evaluation questionnaire and information gathered by means of on-site visits.
Especially, evolution report containing recommendations which are required by evaluated countries is accepted by GRECO general assembly and then countries are asked to realize these recommendations.
In addition to the situation report which is to be submitted to GRECO secretariat by the evaluated country within 18 months, draft compliance report is prepared by reporters of the countries with the assistance of GRECO secretariat. It is determined that how much the recommendations have been realized after compliance report or if it is required after a term of 12-18 months, addendum compliance report  which is accepted by GRECO general assembly,  addendum compliance report and/or interim compliance report and or second compliance report.
With permission of the evaluated country, all these above mentioned reports are made available nationally and internationally to access of people in English, French and in its own language on GRECO website. In practice, all countries allow publicizing the report in a short time.
Moreover country evolution reports accepted by GRECO is taken as a reference by some international organizations, and European Union to which we are a candidate state, in terms of progress report and for evaluating relevant countries’ capacity in fighting against corruption. 
GRECO carries out its activities by means of volunteer and compulsory contributions. The compulsory amount of contribution attributed to our country is covered by Ministry of Justice. Representatives of Ministry of Justice attend to regular general meetings which are held 4 or 5 times in Strasburg.

1ST AND 2ND PHASE EVALUATION PERIOD IN TURKEY
1st phase evaluation period covers following subjects:

  • Suppressing offences of corruption, prosecution and judgment of them, independence and autonomy of competent people or boards,
  • Promoting competent people or boards to get specialized in terms of fighting against corruption and providing proper training and recourses in order for them to undertake their tasks.
  • Prosecution, investigation as regards to corruption case and exemption from punishment

In the 2nd phase evaluation period covers the following:

  • Seizure and confiscation of proceedings of corruption
  • Public administration and corruption
  • Legal persons and corruption.

As 1st phase evaluation period was completed when Turkey become a member to GRECO (1st January 2004), our country was become subject to 1st and 2nd phase Mutual Evaluation with the other countries who joined GRECO later.
1st and 2nd phase Mutual Evaluation Report was composed of 21 recommendations which were accepted by 27th General Assembly which was held on 6-10 March 2006.
GRECO only presents recommendations in evaluation reports and leaves it to domestic law and system of the country to execute them. Following 18 months after evaluation report is submitted, a situation report is presented regarding activities carried out in order to execute what the recommendations implore.
In the 37th GRECO General Board Meeting which was held between 31st March - 4th April 2008, convenience report was discussed and accepted.
In this convenience report, it has been concluded that 7 recommendations were executed and 8 recommendations were executed partly and 6 of them weren’t executed.
In neither draft report nor General Board meetings, monitoring of our country was not discussed on the contrary German and Croatian Rapporteur noted that Turkey was determined to execute the recommendations.
Addendum situation report which was drafted by our ministry in October 2009 regarding recommendations which were decided to be executed partly or not was submitted to GRECO secretariat.
   This mentioned report was reviewed in 47th GRECO General Board held between 7-11 June 2010 and as result of the meeting it was decided that 4 of recommendations which were not executed before  were executed partly and 2 of them were not executed.

3rd PHASE EVALUATION PERIOD IN TURKEY
3rd  phase evaluation period covers following subjects:

ROUNDS

TERMS

SUBJECT

Third Evaluation report

2007-2012

1st Subject

CONSTITUTES OFFENCE:

Article 1a and1b, 2-12,15-17 and 1st paragraph of Article 19 of Criminal Law Convention on Corruption (ETS 173)

Article 1-6 of Additional Protocol (ETS 191)

Guiding principles 2 (corruption that constitutes offence)

2nd Subject

TRANSPARENCY OF FINANCING POLITICAL PARTIES

Article  4, 8,11, 12,13b,14 and 16Common Recommendations and Rules on fighting against corruption about financing political parties and election campaign Rec(2003)

Guiding principle 15 (financing political parties and election campaigns)

3rd Round Convenience report was accepted in 54th General Board Meeting which was held between 20-23 March. According the report it has been concluded that within the 1st subject about constituting offence, 8 of the recommendations were executed partly, in terms of 2nd subject about transparency of financing political parties out of 9 of the recommendations, 4 of them were executed partly and 5 of them were not executed. Additional time was given to our country.
Moreover, GRECO’ effectiveness in the international public opinion has been increasing and it has been observed that during drafting progress report international organizations such as European Union, European Parliament, OECD, United Nations and Transparency International have been following activities of GRECO closely and they take GRECO’s reports as reference in their studies.

GRECO REPORTS ON TURKEY Turkish English French
1st and 2nd Round Evaluation Report

Convenience Report

Ekstra Convenience Report
3rd Round Evaluation Report 1st Subject
2nd Subject
Convenience Report

 

It is also possible to get more information about GRECO on http://www.coe.int/en/web/greco/home

 
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