NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY 2. Assurances Granted to the Members of the Board In equality institutions, the regulations required for the independence of members must be issued at the level of constitution or law. In this context, the criteria of appointment, the duration of appointment, the procedure of reappointment, the procedure of dismissal, the privileges of the members of the institution and their immunity come to the fore.47 According to international standards, members of the institution must be appointed for a certain period of time and not be dismissed. It is possible to reappoint the members. Prior to the amendment made through the DL No. 703, Article 10(6) of TIHEK Law provided that the term of office of the members was four years and the members serving for two subsequent terms could not be elected again before the expiry of one term. The aforementioned regulation was abolished by the DL No. 703 and no regulation was issued to replace it. Therefore, the members appointed to the TIHEK Board were appointed for an indefinite period of time and will be able to remain in office in theory until the age of mandatory retirement, which applies to public servants. This seems to eliminate the reappointment of members. The procedure of dismissal must be based on objective and detailed conditions just like those valid for the procedure of appointment for those appointed in an equality institution and must be put into practice in accordance with the system proposed for the procedure of appointment. Appointment of the members of the institution by the legislative body through qualified majority and the implementation of the procedure of dismissal in the same way seem to be the most appropriate method and will constitute a positive step for the reputation, reliability and independence of institutions.48 Members of the equality institution must also have criminal and legal immunity.49 It may even be the case that the other personnel employed in the institution benefit from similar types of immunity. This protection may enable the members to work without being under pressure. For example, the immunity granted to the members of parliament may be valid for the members in cases where the institution is affiliated to the legislative body50 while the assurances afforded to judges may be valid for them if the institution is affiliated to the executive body. Immunity must be granted to the members of the institution against measures such as arrest, detention, the seizure of personal documents, the interception of communications and the seizure of personal belongings and legal immunity must also be granted to them due to the legal actions taken thereby and the statements made thereby due to their posts. The resolution for the lifting of immunity must be issued with the qualified majority of the members of the Institution. Finally, a reasonable salary must be paid to those serving in the equity institution. Article 10(8) of TIHEK Law regulates the guarantee of membership and provides that members cannot be dismissed prior to the expiry of their term of office. However, as membership is no longer subject to a duration following the amendment made by the DL No. 703 as mentioned above, the provision "members cannot be dismissed prior to the expiry of their term of office" is not valid any more. Article 10(8) also regulates that members can be dismissed under certain conditions upon the approval of the President or the minister to be assigned thereby. Such conditions are as follows: if the members do not fulfill the conditions sought for appointment or fail to fulfill them later on; they do 47 48 49 50 National Human Rights Institutions, p. 11, para. 78. Kucsko-Stadlmayer, p. 13. National Human Rights Institutions, p. 11, para. 80-81. Kucsko-Stadlmayer, p. 15. 27