TOHAV

THE STATUTE OF THE FOUNDATION FOR SOCIETY AND LEGAL STUDIES

PREFACE

According to the Turkish Civil Code, the natural persons who gave their names and address under this, the statute of the foundation, have established a foundation.

THE NAME OF THE FOUNDATION

Article 1

The Foundation’s name is THE FOUNDATION FOR SOCIETY AND LEGAL STUDIES. The abbreviation of the Foundation is ( TOHAV).

CENTRE OF THE FOUNDATION

Article 2

Centre of the Foundation shall be in İstanbul Province. The address of the Foundation : Defterdar Yokuşu Süngü sok. Güneydoğu İşhanı Kat:4 D:17-18 Cihangir-Taksim � İstanbul

OBJECTIVES AND ACTIVITIES OF THE FOUNDATION

Article 3

The Foundation aims to absorb, to carry out and to put the principles of the democracy and of the international law in the social and the govermental life; to abolish the barriers in front of the individual, social,economic,cultural and national development in order to reach a concept of unrestrained,democratic,participative and emancipative law; to end all forms of discrimination based on gender; to prevent nature and children and , to exalt human dignity.

The Foundation shall make specific activities as follows:

a) It establish center to provide serve social, cultural, educational, medical, artistic, sportive,hygienic and aesthetic needs of its members, human rights defenders and persons who need those activities.

b) It aims to support whether founders and members nor persons who are included in the Foundation objectives. It aims to struggle against infringements of law in society and the state life.

c) It searches and investigates regarding applications towards Foundation. It declares its opinion about those applications. It aims to assist demanding persons, communities and organisations for legal, material, moral, educational, artistic, culural, medical, aesthetic, and hygienic aid.

d) It struggles to change particularly domestic law in violation of international law, of sense of contemporary justice, unsuitable against socio-cultural structure. It establishes study units in order to realise this efforts.

e) It publishes periodicals and non-periodicals; it establishes publication and broadcasting centres in order to create democratic legal culture and participative, egalitarian and emancipative order of law.

f) It publishes necessary publications in order to reach its objectives; in accordance with its objectives, it organises conferences, panel discussions, symposiums and it participates those activities above mentioned.

g) It organises common activities and studies together with other human rights defenders, organisations and communities in order to realise its objectives.

Article 4

In order to reach its objectives, the Foundation vest executive comity with authority below:

a) to acquire movable and unmovable property; to invest; to hire; to laese; to use its property; to be in import or export business; and to spend;

b) to manage all its property; to buy shares and commercial papers etc.; in accordance with its objectives to realise all types of commercial acquisitive transactions; to incur a dept.

The Foundation has to all rights and obligations in accordance with Turkish Civil Code article 46.

c) The Foundation can work together foreign official and private organisations and persons. It can also invest its domestic and foreign partners. For this, it can act agreements and pre-agreements.

d) In order to raise its incomes and to work in accordance with its objectives, the Foundation, except above mentioned, could get every disposition unless Foundations Law no.993 prohibits.

THE GOODS OF THE FOUNDATION

Article 5

The goods of the Foundation have been dedicated 500.000.000 (Five hundred million) Turkish Liras) by the founder members equally.

THE BODIES OF THE FOUNDATION

Article 6

The Bodies of the Foundation are:

a) The General Assembly
b) The Executive Committee
c) The Audit Committee

THE GENERAL ASSEMBLY OF THE FOUNDATION

Article 7

The General Assembly of Foundation consists of dedicating founder members, of dedicating participator members and of the honorary members.

a) Dedicating founder members: the persons who absorb and accept and sing the Statute of the Foundation are the dedicating founder member.

b) Dedicating participator members: After the establish the Foundation, the persons who appropriate the objectives of the Foundations; who apply to be the member of the Foundation; who accept their memberships are dedicated participator members.

For the dedicating participator memberships, applicants have to do below:

1. to fill an application form,

2. to announce theapplication for 10 days and to make promulgation final (If there is an objection against promulgation, after the dismissed of the objection, the period of the promulgation exhausted.)

3. to pay membership fee which is determined by the General Assembly and to commit to pay following annual membership fees,

4. when the applicant is approved by the Excutive Committee, the membership becomes reality. Within one-month period, the applicants who are not made a decision about membership by the Executive Committee, the applicant�s membership application is respected to refuse.

c) Honorary Members: persons or organisations who are extraordinary advantageous; who provide material or moral support for the Foundation, become honorary member after the Executive Comittee�s proposal and the General Assembly�s approval.

OBLIGATIONS AND AUTORITY OF THE GENERAL ASSEMBLY

Article 8

The General Assembly is the highest-level decision making body of the Foundation. Its obligations are as follows:

a) to elect members of the Executive Commitee,

b) to elect members of the Audit committee,

c) to asses, to direct and to observe the proposed studies in accordance with the objectives of the Foundation,

d) to discuss, and to make a devcision on the agenda of the General Assembly.

e) To examine and audit working reports are submitted by the Executive Committee; if it find the reports acceptable, to acquit Executive Committee and Audit Committee,

f) To assess, to change or to approve the future working reports and draft budged are prepared by the Executive Committee,

g) To realise necessary changes of the Statute of the Foundation,

h) To approve or to refuse the situation of the honorary members and the representative the organisational members of the proposal of the Executive Committee,

i) To bring objections conclude refusing membership applicants,

j) To bring objections conclude refusingmembership applicants,

k) To make a decision on the remove the membership with proposals of the Executive Committee or the all members of the General Assembly� s 1/5

THE GENERAL ASSEMBLY MEETÄ°NG

Article 9

The General Assembly Meeting holds as ordinary meeting and extraordinary meeting.

a) The ordinary meeting: With the Executive Committee�s invitation, it will be held one to two years.

b) The extraordinary meeting: it Will be held on the invitation of the Executive Comittee or Audit Committee or the all members of the General Assembly�s 1/5.

THE MEETÄ°NG PROCEDURE

Article 10

The Executive Committee or the certain proportion of all members holds the ordinary and extraordinary meetings on the invitation.

The Executive Committee determines the participator members of the General Assembly according to Article 8 and it announces the participator members for two days. At the end of the announcement, if there are objections, the Executive Committee discusses this objections and it brings these objections to conclusion.

As the written, the Executive Committee informs the day, the time, and the agenda of the meeting (if also necessary second meeting) before at least ten days to participating members of the General Assembly.

If the absolute majority of the all members participates the meeting, the General Assembly hold.

If the General Assembly cannot be held due to the absence of the absolute majority, the second meeting holds within following 15 days. For this meeting, the necessity of the absolute majority is not required. (However, the number of the participating member of the meeting cannot be less 1/5 of the General Assembly members).

The members who will not attend the meeting can appoint as their representative one of the other attendant members. However a member cannot represent more than one member.

Article 11

As a meeting chairpreson, the President of the Executive Committee or his/her representative opens the meeting. Then it is elected a chairperson, a vice, and theree sevretaties (total five member) as a council of the Assembly, in order to facilitate the meeting. The elections outside council will be carried out according to the principle of �the hidden vote, open enumeration�.

The General Assembly�s resolutions will be held absolute majority of the participant members. In case of equality, the vote of the chairperson assumes two.

THE EXECUTÄ°VE COMMITTEE

Article 12

The Executive Committee is elected by the General assembly as composed of 7 permanent members and 7 reserve members.

The Executive Committee elects a president of the Foundation, a general secretary and a general accountant.

THE MEETING OF THE EXECUTIVE COMMITTEE

Article 13

a) Ordinary meetings: the Executive Committee at least holds with absolute majority once a month.

b) Extraordinary meetings: the Executive Committee holds as extraordinary owing to the invitation of the chairperson or three member of the Executive Committee.

The invitation of the meeting and the agenda are announced to the members at least three days ago.

c) The Executive Committee makes a decision with the absolute majority of the attendant members.

ABLIGATIONS AND AUTORITY OF THE EXECUTIVE COMMITTEE

Article 14

a) to represent the Foundation,

b) to carry out whole proceedings according to the Statute of the Foundation in order to realise the objectives of the Foundation,

c) to execute the resolutions of the General Assembly,

d) to prepare the working plans and to carry out. To prepare draft budged. To prepare expenditures and final calculations and to submit the General assembly,

e) If necessary, to apply required application according to the legislation. To open liaison offices in the country and in a foreign country.

f) To assess the nominees of the honorary members and to submit to the General assembly.

g) To prepare internal regulations, working plans etc.

h) To record regularly legal registers, to use experts, to employ, to fire, to deposit, to withdraw, to commit, to accept payment and donations,

i) Absence of the chairperson, financial procedure is carried out by together the secretary and accountant.

THE AUDIT COMMITTEE

Article 15

The Audit Committee is elected by the General Assembly as composed of 3 permanent members and 3 reserve members for two years. The Committee elects its chairperson at the fırst meeting.

OBLIGATIONS AND AUTORITY OF THE AUDIT COMMITTEE

Article 16

The Audit Committee warns the Executive Committee especially financial issues. It proposes; it controls the register of the Foundation two times in the year. It explains its opinion as a report.

STAFF AND THE SALARY RULES

Article 17

The members of the Executive Committee workings are carried out voluntarily. The salary cannot pay. However the expenses of the transfer and of accommodation can only pay in the result of the resolution of the Executive Committee.

Article 18

The Executive Committee can employ any staff in term of its conditions. Including the Director of the Foundation, it forms suitable environment for the productive working and it determines salaries.

THE BUDGED PERIOD

Article 19

The budged period begins at the start of January, and ends at the end of December. The eşpenditures that will pay before budged approval cannot exed former year�s budget expenditures.

CHANGES IN THE OFFICIAL STATUTE OF THE FOUNDATION

Article 20

The sessions on the changes of the Satatute of the Foundation opens by way of proposal the 1/5 of the General Assembly members, and it is brought this proposals conclusion with absolute majority.

TO BE REMOVED THE ADMINISTRATORS FROM THE OFFICE

Article 21

If the members of the Executive Committee and the members of the Audit Committee behave against the objectives of the Foundation, 1/5 of the all members invite the General Assembly for the extraordinary meeting. The Executive Committee or the Audit Committee can also invite same reasons for the extraordinary meeting. The resolutions relating removal of the membership hold absolute majority.

Instead of the member or organ that removes from the office, it is re-elected by the General Assembly.

TO EXPEL FROM MEMBERSHIP

Article 22

The member who acts against the statute the foundation expels with 3/5 of the General Assembly members�votes.

ANNULMENT AND LIQUIDATION OF THE FOUNDATION

Article 23

In case of the failing to reach the objections of the Foundation or if failing cannot be repaired, the General Assembly, regarding to the proposal of the Executive Committee, makes decision about the annulment of the Foundation.

If the General Assembly reaches the annulment decision, the Executive Committee as a Council of Liquidation applies to the court, and it carries out other liquidation proceedings.

MISCALLENOUSPROVISIONS

THE MEMBERS RIGHT TO PRECEDENCE

Article 24

The dedicated founders and participator members have rights to precedence benefit from all services, facilities, and the studies. The Executive Committee of the Foundation determines form and procedure of the priorities.

COMPLIMENTARY SERVICES

Article 25

The Foundation serves to benefit from its social activities as complimentary as possible.

Article 26

in this Statute of the Foundation, in untouched issues, it will be carried out related legislative provisions.

TIME TO GAIN A EGAL ENTITY OF THE FOUNDATION

Article 27

The Foundation, according to the law, gains its legal entity after the registration and begins to activities.

Article 28

The dedicated founders and participator members participate sy paying their annual fees, which is determined by the General Assembly.

 

THE FOUNDERS OF THE FOUNDATION

1. ABDÃœLVAHÄ°T KAYA
2. HASÄ°P KAPLAN
3. VASFÄ°YE TÃœLAY GEYÄ°K
4. OSMAN ERGÄ°N
5. İSMAİL ÇÖLGEÇEN
6. TÃœLAY ATEÅž
7. ALÄ° RIZA DÄ°ZDAR
8. DURSUN ÖZTÜRKÇÜ
9. SALÄ°H BEÅžALTI
10. AYSEL TUÄžLUK
11. Ä°BRAHÄ°M HARMAN
12. SEDAT SADÄ°OÄžLU
13. Ä°SMET ATEÅž
14. TALAT TEPE
15. MEHMET ASLANARGIN
16. HIDIR ÇİÇEK
17. HASAN ALICI
18. MÜSLÜM ERÇETİN
19. AYNUR AYDURAN
20. ABDULLAH GÃœRBÃœZ
21. M.SELİM OKÇUOĞLU
22. RIZA DİNÇ
23. M.NURİ ÖZMEN
24. MEDET SERHAT
25. ESRA DÃœRRE
26. NURCAN NALBANT
27. Ä°BRAHÄ°M Ä°NCE
28. ÖZCAN KILIÇ
29. NİYAZİ ÇEM
30. ÇETİN BİNGÖLBALI
31. NACÄ° BÄ°NAY
32. LEVENT KANAT
33. KUTBETTÄ°N KAYA
34. ARZU ÅžAHÄ°N
35. M.BAKIR ASMA
36. FİLİZ KÖSTAK
37. KEMAL BİLGİÇ
38. MUSTAFA AYZÄ°T
39. AHMET AKKUÅž
40. M.SAÄ°T GÃœNDÃœZALP
41. MEHMET PEKGÖZ
42. ORHAN TURAL
43. EMRAN EMEKÇİ
44. EMÄ°RE EREN KESKÄ°N
45. GAFFAR ÇAM
46. FUNDA ÖZVERİ

LEGAL PROCESS

Registered Court�s Name : İstanbul 9. Asliye Hukuk Mahkemesi
Decision date : 12.09.1994
Substance No : 1994/275
Decision No : 1994/375

The Court�s decision above mentioned, has been published at the Official Gazette dated 23 October 1994 and issued no.22090.