CİMER IN 50 QUESTIONS | 1 CİMER IN 50 QUESTIONS PRESIDENCY’S DIRECTORATE OF COMMUNICATIONS PRESIDENCY’S COMMUNICATION CENTER CİMER IN 50 QUESTIONS PRESIDENCY’S DIRECTORATE OF COMMUNICATIONS PRESIDENCY’S COMMUNICATION CENTER FOREWORD 8 01 A BRIEF INTRODUCTION OF CIMER 11 What is CİMER? 13 Why was CİMER established? 13 What is the purpose of CİMER? 14 What are the basic principles of CİMER? 14 What advantages does CİMER provide to applicants? 14 What roles does CİMER play in the communication between society and the state? 15 02 GENERAL INFORMATION ABOUT CİMER 17 Who is eligible to apply? 19 How do I apply? 20 Which institutions are included in the CİMER system? 22 Which institutions are not included in the CİMER system? 22 Which categories of applications will not be processed? 23 How are the applications processed? 24 Who reads my application? 25 Can I apply directly to any institution? 25 What is the extent of the “right to reputation” under CİMER? 25 How many applications can I submit in a day? 26 Can I submit an application to CİMER to report something? 26 C O N T E N T S 6 | CİMER IN 50 QUESTIONS CİMER in 50 Questions Who has access to my identification and contact information? 26 Can I apply on someone else’s behalf? 26 What details should I be careful about while applying online? 27 What details should I be careful about while submitting an application via letter or fax? 27 How will you evaluate my complaint application? 27 What are the sanctions for filing an unfounded complaint? 28 What is a CİMER application agreement? 28 Can I attach documents and provide my location information within the application? 29 Am I allowed to use a different correspondence address? 29 03 SELECTING THE APPROPRIATE APPLICATION TYPE 33 Which topics fall within the scope of the request category? 35 Which topics fall within the scope of the complaint category? 35 Which topics fall within the scope of the opinion-suggestion category? 36 Which topics fall within the scope of the right to information category? 36 Which topics fall within the scope of the appreciation category? 37 Which topics fall within the scope of participation in the governance category? 37 04 APPLICANT’S OBLIGATIONS 39 What is my primary obligation? 41 What is the abuse of rights in CİMER? 41 What style should I use for my application? 42 How long should I wait for an answer? 42 What details should I be careful about while attaching documents to the application? 42 Can I share my application or my application process on social media? 43 05 OBLIGATIONS OF INSTITUTIONS 45 Does the institution have the right to reject a petition? 47 What responsibilities does the CİMER staff have? 48 How should applicants’ personal data be protected? 49 How should applications be reviewed? 50 What are the job descriptions of the personnel of the institution at CİMER? 50 How should the application be answered? 51 CONTENTS | 7 CİMER in 50 Questions How should applications made under the right to information be responded to? 52 06 YOUR RIGHTS REGARDING YOUR APPLICATION 55 How can I know the status of my application? 57 What should I do if I am dissatisfied with the result of my application? 58 What should I do if my application has not been answered? 59 Can I withdraw my application? 60 Can I find out if there is an application submitted about me? 60 I n democracies, regular and fair elections are indispensable for the participation of the people in governance, but they are not suffi­ cient on their own. Contemporary democracies require mechanisms ensuring citizens’ participation in decision-making by receiving their requests, suggestions, and complaints between two elections. In this context, one of the priorities of the Presidential Government System, which is designed in accordance with the citizen-oriented governance approach, is to broaden the opportunities for citizen participation in government. As a matter of fact, the Presidency’s Communication Cen­ tre (CİMER), established on the instructions of President Recep Tayyip Erdoğan, is one of these mechanisms that complement the elections in Türkiye. Developed with the vision of strengthening the relationship between the state and the citizen, CİMER is an electronic system that allows citizens to quickly and easily convey their requests, suggestions, and complaints to the government. On the one hand, CİMER facilitates the exercise of the right to petition and access information, and on the other, it contrib­ utes to the development of more rational public policies based on citizen priorities. Thus, it plays a crucial role in the process of raising the demo­ cratic standards of our country. CİMER is a manifestation of the will to utilise information and commu­ nication technologies to advance the realisation of democratic values and the growth of public services. CİMER is an electronic platform that contributes to establishing equality and justice in the public service, enabling public control over public administration, and implementing principles of good governance. CİMER is a tool for resolving citizen complaints regarding public admin­ F O R E W O R D FOREWORD | 9 istration within the framework of a system centred on the Presidency, which receives their requests and suggestions and allows them to par­ ticipate in the solution. This way, democratic control mechanisms over public administration actions and procedures are strengthened. CİMER is a global pioneer in electronic application and information access systems as a result of its adopted philosophy and technological infrastructure. In fact, CİMER’s international accolades have begun to confirm its quality. In this context, it should be emphasised that the in­ terest and confidence of our people in CİMER is the most important fac­ tor contributing to its success and strength. Based on the increasing interest of our citizens, this book was written to provide enlightening information about the operation of the CİMER system and to ensure that the system is used more frequently and with increasing accuracy by our citizens. I would like to take this opportunity to thank the personnel of the Directorate who contributed to the effort, and I hope the results will benefit all parties involved. PRESIDENCY’S DIRECTOR OF COMMUNICATIONS PROF FAHRETTİN ALTUN 10 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 11 0 1 A Brief Introduction of CİMER 12 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 13 01 What is CİMER? The acronym CİMER stands for “Presidency’s Communication Cen­ tre”. It is the largest public communication platform in the world, de­ signed to facilitate the exercise of the rights to petition and informa­ tion granted by the Constitution. CİMER is a public service run by the Public Relations Department of the Presidency’s Directorate of Communications. CİMER is the name of the electronic system where applications are made, tracked, and submitted to the relevant public institution from around sixty thousand administrative units registered in the system and then processed and responded to by the institution executing the process. In addition to exercising the rights to petition and information, Cİ­ MER is a platform where all types of opinions and suggestions re­ garding public policy can be voiced under the “participatory gover­ nance” framework. 02 Why was CİMER established? CİMER was developed to provide resources for the formation of poli­ cies by compiling citizens’ opinions, suggestions, and complaints re­ garding government operations and public administration activities. CİMER aims to gather applications made to the Presidency’s Direc­ torate of Communications from across the country, submit them to the relevant public institution for action, respond to the applications as soon as possible and notify the units in case of delay, carry out all A B r i e f I n t r o d u c t i o n o f C İ M E R 0 1 14 | CİMER IN 50 QUESTIONS these processes in an automation system, receive statistical reports and control the entire process centrally. In addition, CİMER aims to convey the significance of the concept of public relations to all public organisations by analysing citizen feed­ back. 03 What is the purpose of CİMER? CİMER aims to make it quicker and easier for people to use their rights to petition and information, which are among the constitution­ al rights, and provide a high-quality service based on this mission. Within the context of the principle of participation in governance, CİMER’s primary purposes are to enhance the quality of the govern­ ment’s public services and maintain open communication channels between the citizen and the state. 04 What are the basic principles of CİMER? CİMER adopts the principle of informing the public with citizen-fo­ cused, efficient, timely, transparent, and accurate information to pro­ mote freedom of expression and the dissemination of ideas, as well as the participatory governance approach. In accordance with these principles, CİMER contributes to the policies by monitoring the re­ flections of implemented public policies in light of submitted appli­ cations. 05 What advantages does CİMER provide to applicants? The most significant advantage of CİMER for our people is that they can apply CİMER on any topic in the context of the participatory gov­ ernance concept and that they can easily convey their requests, com­ plaints, and ideas to higher authorities of public institutions. In this sense, the most essential characteristic of CİMER is the review of ap­ plications submitted to it by the central administration and officials closest to policymakers. Aside from that, there are other advantages: CİMER IN 50 QUESTIONS | 15 • For applications submitted via the website CİMER.gov.tr, name-surname, Turkish Identification Number, ID document number, and mobile phone are used to verify the applicant’s identification and contact details. • Applications may be submitted swiftly and conveniently from anywhere in the country, including mobile communica­ tion devices. • If the applicant provides location information, it is possible to respond swiftly to the problems conveyed. • The file attachment feature allows applicants to send infor­ mation and documents that support the subject of the applica­ tion. • Administrative consultation services are offered by inform­ ing applicants about the legal options available to them. • It is possible to check the status of the applications at any time. 06 What roles does CİMER play in the communication between society and the state? CİMER contributes to: • The development of the democratic cultural level of society, • Raising awareness that public officers should be more atten­ tive and solution-oriented, • Evaluating public institutions’ approaches to citizens and en­ suring standardisation in practice, • Improving citizens’ negative perceptions of bureaucracy, • Creating public supervision as well as administrative and le­ gal supervision over public officers. 16 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 17 General Information about CİMER 02 18 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 19 07 Who is eligible to apply? Anyone who satisfies the following requirements is eligible to apply to CİMER. — Citizens of the Republic of Türkiye • Persons above the age of 12 with mental competence, • Turkish citizens living abroad, • Blue card holders/dual citizenship holders, • Wards with mental competence can apply to CİMER. — Foreign nationals (on the basis of reciprocity) In compliance with international treaties, foreign nationals can apply to CİMER on the basis of the reciprocity principle, provided that the application is written in Turkish. — Legal Entities of Private Law • Legal entities of private Law can apply through an authorised person, using the legal person’s title, address, signature of the authorised person, and, if available, the central legal entity number and certificate of authorisation. • Under the provisions of Law No. 4982 on the Right to Informa­ G e n e r a l I n f o r m a t i o n a b o u t C İ M E R 02 20 | CİMER IN 50 QUESTIONS tion, the information or documents requested by foreign legal entities operating in Türkiye must be related to themselves or their field of activity. 08 How do I apply? You can apply to CİMER by taking the following steps: — Online Application www.cimer.gov.tr • When clicking the “Apply” button and entering the Turkish Identification Number, name-surname, date of birth, ID docu­ ment number, and mobile phone information, the applicant is directed to the application screen after the confirmation code sent to the applicant’s mobile phone is validated. • The system automatically fills in the identity information section with the applicant’s Identification Number, name-sur­ name, address, and mobile phone number. The applicants must also provide their e-mail address in this section, while it is optional to enter education information. • The applicant may, however, use a different address as the correspondence address, and if desired, s/he may share loca­ tion information with local services to help detect problems on-site. • The applicant is then taken to the application details screen, where they enter the related text and, if desired, attach a file to the application. • At the last step, the applicant is taken to the application pre­ view section, where they can check the accuracy of both their identity information and the application content. After read­ ing and approving the legal information notice, they click the “Complete Application” button to finish the process. After com­ pleting the application, the applicant is provided with a unique application number to follow up on the process, and an e-mail is sent confirming the receipt of his application. CİMER IN 50 QUESTIONS | 21 www.turkiye.gov.tr | e-Government • After logging into the e-government system using the e-gov­ ernment password, mobile signature, electronic signature, Turkish Identification Card number, or the information and passwords used for internet banking, the applicant can easily access the application by typing “CİMER” into the search box. • Then, they can check the status of previously submitted ap­ plications by following the instructions that appear or submit a new application in accordance with the mentioned procedure after being directed to www.CİMER.gov.tr • If they meet the criteria outlined in the legislation, foreign na­ tionals may submit an application via mail or fax. — Application by phone (ALO 150) • The applicant may apply to CİMER by calling the ALO 150 phone line. • The CİMER staff in the Governor’s Office of the province the applicant is in answers the applicant’s call to ALO 150, and the application is recorded with guiding questions and then either forwarded to the relevant public institution or transmitted to the Presidency’s Directorate of Communications for prelimi­ nary consideration. — Application by Mail-Fax: • Mail and fax applications to the Presidency’s Directorate of Communications can be sent to the correspondence address indi­ cated on the website “www.iletisim.gov.tr.” • The applicant’s name, surname, TR Identification Number for the citizens of the Republic of Türkiye (passport number or for­ eign identification number for citizens of other countries), place of residence and/or business address, contact information (phone, e-mail), and signature are required on applications submitted by mail and fax. • Applications submitted via mail or fax should be written in Turkish and must be legible and comprehensible. 22 | CİMER IN 50 QUESTIONS — Application in Person: • Applicants may apply in person at the Presidency’s Directorate of Communications, regional directorates and communication offices, foreign representative offices, and public relations offices established within the ministries, governorates and district gov­ ernorates. 09 Which institutions are included in the CİMER system? • Presidential Central Organisation • Presidential Offices, Boards and Affiliated Presidencies • Ministries • Governorates • District Governorates • Universities • Affiliated, Related and Associated Institutions and Organisations • Municipalities (Metropolitan, City and District Municipalities) • Special Provincial Administrations are the institutions and organisations to which applications can be made through CİMER. 10 Which institutions are not included in the CİMER system? • Grand National Assembly of Türkiye • Courts • Court of Accounts • Chief Public Prosecutor’s Offices of the Court of Cassation • The Ombudsman Institution • Supreme Electoral Council • Council of Judges and Prosecutors CİMER IN 50 QUESTIONS | 23 • Associations and Foundations • Companies • Headmen’s Offices are the institutions and organisations to which applications cannot be made through CİMER. 11 Which categories of applications will not be processed? According to Presidency’s Communication Centre Regulation No. 5690, the following applications will not be processed: a. Applications that fall within the scope of the legislative or ju­ dicial activities of the legislative and judicial organs, b. Applications with unclear application purpose and subject, c. Applications which include a request, debt or obligation with in the scope of private law relations between the applicant and third parties or institutions and organisations, d. Applications submitted by people who are found to have used someone else’s identity and contact information, or the applica­ tions submitted by people who lack judgement, e. Applications which are submitted to report a crime should only be reviewed within the framework of the Chief Public Pros­ ecutor’s Office’s and other judicial authorities’ duties and jurisdic­ tion according to the provisions of the Turkish Penal Code and other legislation, f. Applications that contain only estimation or hypothetical ex­ pressions and do not contain any concrete information or docu­ ments in their content, g. Repeated and similar applications by the same applicant, which may cause a clear abuse of the right,Applications that fall outside the purview of any public institution or organisation, 24 | CİMER IN 50 QUESTIONS h. Applications lacking evidence or proof images to verify the au­ thenticity of the application texts in the application annexes, i. Applications requiring a special application procedure, such as mail, fax, or a wet-signed petition, as specified by its own legisla­ tion, j. Applications that are not submitted via appropriate channels (internet, telephone, mail, in person) and do not include personal information (name, surname, Turkish Identification Number for Turkish citizens, passport/foreigner identification number for for­ eigners, address, contact information, and signature). 12 How are the applications processed? Internet applications submitted to CİMER can be sent directly to the rel­ evant public institution by the applicant. These applications are not sub­ ject to preliminary evaluation by the Presidency’s Directorate of Com­ munications. All applications not sent directly to a public institution are subject to a preliminary evaluation by the Presidency’s Directorate of Communications. Thus, all applications the Directorate receives are forwarded to the CİMER Inbox. The authorised unit supervisor distributes the applications in the Inbox proportionally to the number of available personnel. CİMER personnel read the applications they receive and forward them to the appropriate public institution throughout the day. The Directorate responds to applications not eligible for evaluation within the scope of the Presidency’s Communication Centre Regulation No. 5690 and notifies the applicant of the reason for not processing the application. Applications submitted to public institutions are reviewed by an institu­ tion officer and sent to CİMER users in their respective fields. If the application is to be processed after correspondence/examination/ investigation, the CİMER user can suspend the application. This process, which is an interim answer, can also be seen by the applicant. For applications that do not require correspondence/examination/inves­ CİMER IN 50 QUESTIONS | 25 tigation, the CİMER user prepares a response letter and sends it to the institution’s CİMER officer of approval for response. The answer approved by the officer of approval for response is sent to the applicant’s e-mail address if provided. When an applicant does not have an e-mail address (except for internet applications), the answer is mailed to the applicant’s correspondence address. An answer deemed inappropriate by the officer of approval for response is returned to the CİMER user with its rationale for correction, and the procedure is repeated. 13 Who reads my application? The applicant’s applications submitted directly to the public institution during the application process are reviewed by the institution’s CİMER personnel. All other applications are initially read and referred to the relevant insti­ tutions by the CİMER personnel working at the Public Relations Depart­ ment of the Presidency’s Directorate of Communications. 14 Can I apply directly to any institution? After composing your online application text, you may submit it directly to the institution of your choice by clicking on the button “Select the pub­ lic institution to which you would like to submit your application.  Appli­ cations that do not fall within the authority of the public institution to which you have submitted them are forwarded to the authorised public institution through the system. 15 ”What is the extent of the “right to reputation” under CİMER? Under the principle of protecting human dignity and other person­ al rights, as well as the presumption of innocence, the “right to reputa­ tion” seeks to prevent individuals from being falsely and baselessly re­ ferred to as suspects in judicial and administrative records. 26 | CİMER IN 50 QUESTIONS According to Article 5 of the CİMER Regulation, which states that “Ap­ plications that contain only estimation or hypothetical expressions and do not contain any concrete information or documents in their content shall not be processed,” administrative authorities have the discretion not to process complaints filed to CİMER about a person or institution based on the content of the applications. 16 How many applications can I submit in a day? Only one application per day may be submitted online or via ALO 150 to maintain the healthy, effective, and fair operation of CİMER services. 17 Can I submit an application to CİMER to report something? Applications submitted to CİMER under the right to petition and the right to information are evaluated based on specific legal review pro­ cedures and must be answered within 30 days or 15 working days, de­ pending on the type of the application. However, the reports that require instant and urgent processing and evaluation due to their nature are inconsistent with CİMER’s founding mission. Our citizens can submit their reports via platforms developed by other public institutions for the rapid response to emergency reports (112 Emergency Call Centre, Turk­ ish National Police Online Emergency Report Line, etc.). 18 Who has access to my identification and contact information? Identification and contact information may be accessed by a restricted number of CİMER personnel who require your identity information in order to process your application and who have the “authority to access identity information” on behalf of their institution. Not every govern­ ment officer specified in the system has this capacity. 19 Can I apply on someone else’s behalf? It is impossible to submit an application to CİMER using another per­ son’s identification and contact information. CİMER IN 50 QUESTIONS | 27 Nevertheless, according to the provisions of the Turkish Civil Code, a person’s parent, guardian, or another legal representative may submit an application, provided that the burden of proof is met. 20 What details should I be careful about while applying online? When applications are submitted electronically, the reply is e-mailed to the applicant. Therefore, you must provide an e-mail address you fre­ quently use and whose password you can easily remember to receive a faster answer. 21 What details should I be careful about while submitting an ap­ plication via letter or fax? For applications submitted via letter or fax, the applicant’s name and surname, Turkish Identification Number for citizens of the Republic of Türkiye and passport number or foreign identification number for citi­ zens of other countries, residence and/or business address, contact infor­ mation, and signature are required. (If detailed tangible information and documents are included in the content or attachments of the petition, the application may be processed after being registered at the CİMER Gate with the approval of a CİMER officer without requiring compliance with the mandatory conditions specified in the second paragraph.) The application will be rejected if it is not written in a legible and com­ prehensible manner. 22 How will you evaluate my complaint application? The applications submitted by selecting the type of complaint are cov­ ered by the provisions of Law No. 3071 on the Use of the Petition Right. If the CİMER personnel deems it necessary, the applicant’s identification and contact information may be hidden in applications containing a complaint. In such cases, the identification and contact information of the applicant are privately processed and finalised. Access to the appli­ cant’s identification and contact information, as well as other personal data that will allow the individual to be identified, is restricted, except 28 | CİMER IN 50 QUESTIONS for legitimate administrative inspections or investigations and requests from judicial authorities. Complaint applications are answered within 30 days. If the application procedures have not been completed, an interim reply is sent within this time frame; once the process has been completed, a final reply will be sent. 23 What are the sanctions for filing an unfounded complaint? Although the right to lodge a complaint is protected by the Constitution, there are legal consequences for abusing it. Applications that are made with the intent of attacking, insulting, slan­ dering, or fabricating a crime against a person are applications that breach the other party’s personal rights. Applicants should be sensitive in their complaint applications since the following applications are considered unfounded applications: - Those lacking substantial and compelling evidence, - Those based on mere speculations and assumptions. The individual who alleges that their personal rights have been violat­ ed as a result of the unsubstantiated complaints may take legal action against you. 24 What is a CİMER application agreement? The application agreement is a written agreement that outlines the rights and obligations associated with access to CİMER as well as the use of CİMER’s services. The application agreement is submitted to the applicant for final approval to complete the application successfully. With this agreement, the applicant agrees, declares, and undertakes that action will be taken on his/her application following an evaluation by Cİ­ MER based on how the CİMER system operates, that s/he is aware of the fact that s/he cannot share any texts or materials that contain threats, insults, profanity or slander, as well as those that are vulgar, obscene, CİMER IN 50 QUESTIONS | 29 abusive or may infringe others’ right to privacy; and that s/he will not upload content that violates the laws of the Republic of Türkiye and in­ ternational treaties to which the Republic of Türkiye is a party. 25 Can I attach documents and provide my location information within the application? When submitting an online application to CİMER, your application sub­ ject must be included in the application text box. After filling out the ap­ plication text box, you can upload a screenshot or image as evidence or proof to corroborate the accuracy of your writing. JPEG, PNG, TIFF, and GIF files with a maximum size of 3 MB could be attached to applications. Due to the requirement that the application subject be included in the application text box, PDF and W0RD files cannot be uploaded to the sys­ tem. Additionally, the application does not support the upload of videos. When applying to CİMER by letter, all types of documents relevant to the application may be submitted so long as the subject of the application is indicated in the letter. You can include your current location in your application by ticking the “Share My Location Information” checkbox during your online applica­ tion. Thus, in the event of an emergency or incident, the necessary par­ ties can pinpoint the location of the incident without needing to know your precise location. 26 Am I allowed to use a different correspondence address? When you apply online, your address information in the Central Civil Registration System (MERNİS) is automatically submitted to the system. You can, however, designate a different address as your contact address by checking the box “I do not want to use my address in the civil regis­ tration.” 30 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 31 32 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 33 Selecting theAppropriate Application Type 03 34 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 35 27 Which topics fall within the scope of the request category? If the subject of your application is a specific request or service that you wish to obtain, the application type should be set to request. Examples include requests for jobs, road construction, social assis­ tance, medical equipment, and tax debt restructuring. 28 Which topics fall within the scope of the complaint catego­ ry? If a person is hurt or mistreated for any reason and it is a private mat­ ter (not of public concern), the application type should be set to the complaint. Examples include complaints against the employer’s failure to pay the employees’ salaries, the neglect to collect the garbage, and unwarrant­ ed punitive action.  S e l e c t i n g t h e A p p r o p r i a t e A p p l i c a t i o n T y p e 03 36 | CİMER IN 50 QUESTIONS 29 Which topics fall within the scope of the opinion-suggestion category? The applications under the opinion-suggestion category are thoughts, proposals, or suggestions you wish to submit to enhance the execu­ tion of a public service or policy, address a problem, or ensure some­ thing accomplishes its objectives. Examples include suggestions on traffic regulation, thoughts on curric­ ulum contents and views on healthcare services. 30 Which topics fall within the scope of the right to informa­ tion category? The right to information is the right of individuals to access specific information and documents kept by public institutions or that they are required to have by virtue of their duties. Law No. 4982 sets re­ CİMER IN 50 QUESTIONS | 37 strictions on the exercise of this right. Therefore, this category should not be selected to convey applications whose content is not covered by the right to information. In addition, the information or docu­ ments requested should be specified in detail in the application form. The phrase “I kindly request to be informed” does not indicate that the right to information covers the subject. For instance, “I kindly request that my appointment be made and that I be informed pursuant to Law No. 4982 on the Right to Information” is not a valid form of application. 31 Which topics fall within the scope of the appreciation cate­ gory? It is the application type used to communicate gratitude and satisfac­ tion to a public institution or officer after receiving a service. Examples include thank-you messages to the President or public offi­ cers. 32 Which topics fall within the scope of participation in the governance category? These are the applications created so our citizens can propose new public policies or contribute to existing policies. These applications are only made available to those with authority to establish strate­ gies and policies. Applications within the participation in governance category are not considered in this context because they do not fall under the purview of Law No. 3071 on the Use of the Right to Peti­ tion and Law No. 4982 on the Right to Information. The information conveyed through the applications, on the other hand, contributes to Turkish public administration and democracy by strengthening the participatory governance approach and improving the policies im­ plemented. 38 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 39 Applicant’s Obligations 04 40 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 41 33 What is my primary obligation? The applicant must be truthful and trustworthy. Applications made in the name of others, or applications made with the intent of slan­ dering or fabricating a crime, have no goodwill. Applications with an incorrect name and surname or petitions of applicants who are believed to have made an untrue statement, if this situation is rec­ ognised, will be treated as if no application was made. Similarly, the information and documents submitted in addition to the petition must not be false. 34 What is the abuse of rights in CİMER? CİMER is a digital platform that enables the use of the right to infor­ mation and the right to petition. Each application is read by at least two CİMER personnel before being forwarded to the appropriate unit, ensuring that the application is answered. Repeatedly submit­ ting identical or similar applications at a rate that will occupy the CİMER Gate or CİMER personnel redundantly, or resubmitting the same application before the legal period has expired, constitutes an abuse of these rights and the opportunity provided and also causes loss of time, energy, and effort by disrupting service. In accordance with subparagraph (b) of the second paragraph of the CİMER Regula­ tion’s fifth article, such applications are not processed. 04 A p p l i c a n t ’ s O b l i g a t i o n s 42 | CİMER IN 50 QUESTIONS 35 What style should I use for my application? • Applications submitted to CİMER should be written in an under­ standable and formal style because they are official documents. • Applications that violate public morality contain slanders, in­ sults, blackmails, threats, or are intended to damage the honour and dignity of others and are not considered within the scope of the right to petition. • Addressing the application to the institution you want it submit­ ted to is required. • Applications cannot be directed towards institution employees. • A precise plot must be followed while describing incidents in the application. • The application’s final section must clearly state the request. 36 How long should I wait for an answer? The legislation regulates how quickly institutions must answer your applications depending on the application type. It is your responsi­ bility as the applicant to await this process. The legal requirement for this period for information requests is 15 working days. If the subject of your application contains a specific request or com­ plaint, institutions must provide a definite affirmative or negative answer or an interim answer regarding the process followed within 30 days. 37 What details should I be careful about while attaching doc­ uments to the application? The application’s supporting documents should relate to and comple­ CİMER IN 50 QUESTIONS | 43 ment its text. Your application will not be processed if the application attachments include documents other than evidence or photos in the form of proof that will strengthen the accuracy of the application texts. The file formats that can be attached to the applications are JPEG, JPG, PNG, TIFF and TIF, and the maximum file size is 3 MB. 38 Can I share my application or my application process on so­ cial media? Applications submitted to CİMER, all application-related processes, and answers to applications are all “personal.” For this reason, it can­ not be shared on social media for any purpose without the permis­ sion of the person submitting the application and the public institu­ tion that processed it. The applicant is also prohibited from copying and using the informa­ tion and documents, to which he or she has access, for profit. The information or documents obtained may only be used for train­ ing or reference purposes provided that the source is cited in the in­ tended content and permission is sought from the authorised insti­ tution. 44 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 45 Obligations of Institutions 05 46 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 47 39 Does the institution have the right to reject a petition? After receiving a petition, the institution must adhere to certain pro­ cesses and undertake particular measures. Under Turkish Criminal Law, rejecting a petition without a legal basis is a crime; hence, an institution must provide a legal basis for reject­ ing a petition. The statement “shall not be examined” in Article 6 of Law on the Ex­ ercise of the Right to Petition means that no action can be taken in response to the petition. The statement “shall not be examined” does not imply that the petition will not be accepted or registered. In addi­ tion, the obligation to archive the petition is stipulated in the second paragraph of Article 9 of CİMER Regulation: “All information regard­ ing the application and the applicant is archived under the provisions of Law No. 6698 as well as the relevant legislation in order to fulfil the requests of the judicial organs and other competent authorities in the event of future legal disputes arising from the application made.” Fur­ thermore, the institution must record all verbal or telephone applica­ tions to satisfy the burden of proof. For in-person applications, the application is filed as an official report, reviewed at the time of filing, and deficiencies that may be corrected immediately are addressed O b l i g a t i o n s o f I n s t i t u t i o n s 05 48 | CİMER IN 50 QUESTIONS without needing correspondence. The relevant institution provides the applicant, free of charge, with a document specifying the date and number of the application’s submission. If the application’s outcome is negative, the reason and, if applicable, information on the appeal authority and its timeframe are provided. If the petition is submitted to an institution that does not have juris­ diction over the matter, that institution must forward the petition to the relevant institution and notify the applicant. The use of the phrase “rica ederim (kindly submitted)” or the absence of the phrase “arz ederim (respectfully submitted)” is not grounds for rejecting a petition. Another important condition regarding the form of the right to peti­ tion is the requirement that the petitions be written in “Turkish”. A Turkish translation must be requested if an application is submitted in a foreign language. However, relevant authorities such as law en­ forcement, consulates, and embassies can be notified if the individu­ al is in a very vulnerable position. 40 What responsibilities does the CİMER staff have? According to Regulation No. 5690 on the Presidency’s Communica­ tion Centre, CİMER staff have the following duties and responsibil­ ities: a) To conduct their activities in line with the provisions of this Regulation and relevant legislation. b) Not to duplicate, utilise, or distribute the contents of ap­ plications and applicant information, which can be accessed through CİMER Gateway, in whole or in part, for purposes that are contrary to the legislation. c) Not to communicate any information, documents, or per­ sonal data collected as part of or during the course of their du­ ty with unauthorised persons and non-competent authorities, even after their duty has concluded. CİMER IN 50 QUESTIONS | 49 d) Not to reveal their username and password, not to use other users’ usernames and passwords, and to routinely access the CİMER Gateway. e) To guide the applicants and assist them in exercising their rights under the relevant legislation. 41 How should applicants’ personal data be protected? To secure the personal data of applicants, all public institutions must implement all technical and administrative measures necessary to provide an adequate degree of security. It is the responsibility of pub­ lic institutions not to disclose the identity and contact information of applicants and their petitions to unauthorised parties. Therefore, all CİMER staff acting on behalf of their institutions should • remember that all application information, including the ap­ plication content, falls under the category of personal data, • not access the identity information section if identity and contact information are not required for application process­ ing, • not capture screenshots or printouts of the application unless necessary, • inform the higher-ranking administrative official without no­ tifying the complained person if a complaint is lodged against an officer or executive of any public institution in the applica­ tion, • not share the application on social media, irrespective of the reason, • complete the whole application procedure using the CİMER Gateway, not utilise the institutions’ own correspondence systems (such as Electronic Document Management System/ EDMS). 50 | CİMER IN 50 QUESTIONS 42 How should applications be reviewed? The application is immediately forwarded to the relevant sub-unit of the institution that will respond. The applications that institutions and organisations deem irrelevant are forwarded to the relevant institution via the CİMER Gateway by the institution and organisation to whom the application was first submitted. If a jurisdictional dispute arises between institutions and organi­ sations regarding the application process, the decision taken in re­ sponse to the request from one of the institutions or the direct review of the Department is carried out by the relevant institution and or­ ganisation. If the subject of the application is a complaint about a staff member or manager of a public institution or organisation, the application is forwarded to a higher supervisor, who processes the complaint and responds to the applicant. 43 What are the job descriptions of the personnel of the insti­ tution at CİMER? Public officers, who carry out CİMER activities on behalf of their institutions, work at the CİMER Gateway in various positions. The hierarchical order of these positions and their respective job descriptions are as follows: a) An executive is a member of the administrative staff who is authorised to ensure the effective and efficient operation of the service on behalf of the institution. b) CİMER general coordinator is the staff member who is in charge of ensuring all technical and administrative duties of Cİ­ MER, conducting institutional follow-up and inspections, and maintaining coordination between regional directorates and institutions and organisations on behalf of the Department. c) CİMER coordinators are the staff members under the gen­ CİMER IN 50 QUESTIONS | 51 eral coordinator of CİMER who are in charge of the execution of the activities within the scope of their duty and authority in cooperation with regional directorate officials as well as insti­ tution officers in order to increase service quality. ç) The regional directorate officer is the staff member in charge of coordinating CİMER activities of all institutions and organi­ sations in the region. d) The officer of approval for response is a staff member with authority to sign who is at or above the level of the person who prepared the answer and is accountable for the appropriate­ ness of the answer prepared to be delivered to the applicant on behalf of their institution. e) An institution officer is a staff member in charge of all Cİ­ MER activities and coordination among the institution, the Department, and the regional directorate, where they are au­ thorised with their management knowledge. f) A unit supervisor is the staff member in charge of referring and managing applications received by their unit, as well as the user procedures in their unit, with the knowledge of their institution officer. g) A user is the staff member in charge of evaluating applica­ tions within the legal processing period, depending on the unit or institution officer. 44 How should the application be answered? Except for answers that must be sent in a physical environment and applications that do not have electronic contact information, all ap­ plications are answered by the relevant institution and organisation via the CİMER Gateway. The answers given to the applicant are not forwarded to the Director­ ate or regional directorates for information purposes. • As long as it follows Turkish grammar rules, the answer text 52 | CİMER IN 50 QUESTIONS should be written in a simple but official language that the cit­ izens can understand, • The answer does not include only the legislative provisions, • Quotations and statements from the application are included to demonstrate that the application is taken seriously, • In cases where a negative answer is given to the application, it is based on legal grounds, • In cases where a negative answer is given, the legal remedies and time periods available to the applicant are specified, • The answer is given objectively and without bias. 45 How should applications made under the right to informa­ tion be responded to? Apart from the exceptions specified in the Law on Right to Informa­ tion, the basic principle of the Law is the obligation to make all types of information and documents available to applicants. The exceptions outlined in the Law determine the limits of the right to information, and applications for information can only be denied based on these exception provisions. As a result, upon request, all types of information and documents that do not fall within the scope of the Law’s exceptions must be made available to the applicant. CİMER IN 50 QUESTIONS | 53 54 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 55 Your Rights Regarding Your Application 06 56 | CİMER IN 50 QUESTIONS CİMER IN 50 QUESTIONS | 57 46 How can I know the status of my application? After submitting an online application to CİMER, the applicant is giv­ en an application number to track the application, and notification of receipt is sent to the e-mail address provided. The status of the application can be checked at any moment by visiting CİMER.gov.tr or e-government using this information. Additionally, if you have entered your Turkish Identification Number but do not know the application number (in your applications by let­ ter, fax, or in person), you can check the status of your application by signing in on the “Application Inquiry” page. You can also call the hotline 150 and provide the staff with your ap­ plication number or Turkish Identification Number and date of birth to acquire information on the status of your application (to which in­ stitutions it was sent and by which institution the answer was issued). Y o u r R i g h t s R e g a r d i n g Y o u r A p p l i c a t i o n 06 58 | CİMER IN 50 QUESTIONS 47 What should I do if I am dissatisfied with the result of my application? If the subject of your application is a specific request or complaint and you are dissatisfied with the result you received, you may request the answer to be: -withdrawn, - removed, - revised, - or reissued by a hierarchically higher authority; if no higher author­ ity exists, you might request it from the authority that provided the answer. You need to submit your request within the period of litiga­ tion for administrative action (60 days). If the administration’s answer to your application is not conclusive CİMER IN 50 QUESTIONS | 59 (examination has begun, it has been forwarded to the relevant author­ ity, investigations are ongoing, etc.), you may: - accept this answer as a rejection and file for administrative action, - or wait up to four months for a final answer. Also, you may submit a request to the Committee on Petitions of the Grand National Assembly of Türkiye via edilekce.tbmm.gov.tr or the Ombudsman Institution. If you are dissatisfied with the institution’s answer to your applica­ tion under the Law on Right to Information, you have 15 days from the day you are notified of the answer to file an appeal to the Review Board of Access to Information or apply to administrative justice. Resubmitting the application after receiving an answer and reapply­ ing to the same institution may result in a missed opportunity for the reclamation period. 48 What should I do if my application has not been answered? If the subject of your application is a specific request or complaint and you do not receive an answer within 30 days, you may submit your application to CİMER saying that you have not received an answer. In such cases, the application is resent to the relevant institution with a request for a positive or negative answer to the applicant as soon as possible within the legal period, and the institution that failed to re­ spond is warned. If your application has been pending for an extended period of time with no answer, you are informed of your legal rights. The applicant may file a complaint against the relevant authorities who have failed to answer his/her petition to be prosecuted. If that person thinks that she or he has suffered a loss due to this incident, she or he can also file a claim for compensation against the responsible parties. You may also forward your complaint regarding the administration’s failure to respond to the Ombudsman Institution (For detailed infor­ mation, see: www.ombudsman.gov.tr). 60 | CİMER IN 50 QUESTIONS 49 Can I withdraw my application? It is possible to request that CİMER disregard an application or with­ draw it from consideration only if the proceedings pertaining to this application have not concluded. It cannot be requested that applica­ tions that have lost their validity due to their subject matter be with­ drawn or disregarded. If your application meets these criteria, you must submit a new application by specifying the date and number of the application you want to withdraw. 50 Can I find out if there is an application submitted about me? You may submit a request to get information on whether there has been an application submitted to CİMER about you. After determin­ ing whether an application has been made in the electronic environ­ ment via the CİMER System, information is provided only on wheth­ er an application has been made about you. However, neither the application’s content nor the applicant’s identity is disclosed. You must apply to the Chief Public Prosecutor’s Office if you want to know who submitted an application about you and what it included. CİMER IN 50 QUESTIONS | 61 62 | CİMER IN 50 QUESTIONS PRESIDENCY’S DIRECTORATE OF COMMUNICATIONS PRESIDENCY’S COMMUNICATION CENTER CİMER IN 50 QUESTIONS | 63 CİMER IN 50 QUESTIONS 64 | CİMER IN 50 QUESTIONS PRESIDENCY’S DIRECTORATE OF COMMUNICATIONS PRESIDENCY’S COMMUNICATION CENTER