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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE 2018 ANNUAL REPORT

Any application filed during the term of litigation suspends the ongoing term of litigation.
3.3 Confidentiality of the complaint

Complaint shall be kept confidential at the request of the complainant. All kinds of measures
for keeping the complaint confidential shall be taken by the Ombudsman Institution.
3.4 Preliminary Examination

Complaints are subjected to a preliminary examination prior to the examination and
investigation phase. In the preliminary examination, the complaint is examined in terms of
whether

a) it falls within the scope of duty of the Ombudsman Institution,
b) it is lodged within proper term,
c) its reasons, content and parties are the same with the ones of another complaint which
is being examined and investigated,

d) its reasons, content and parties are the same with the ones formerly finalized by the
Ombudsman Institution,

e) it is about the disputes being handled or decided on by the judicial organs,
f) the administrative remedies are exhausted or not,

g) it is lodged within the framework of the first paragraph of Article 8 of the Bylaw on
the Procedures and Principles regarding the Implementation of the Ombudsman
Institution Law,

h) it includes a specific subject matter,
i) it contains the information required for lodging a complaint pursuant to the Ombudsman
Law,
j) it contains an infringement of interest.
3.5 Actions and decisions to be taken upon preliminary examination

In the event that there are missing documents or the missing documents are not delivered
within the determined period or the subject matter of the complaint is not within the mandate
of the Institution, decision of inadmissibility is taken. This decision is notified to the
complainant and the suspended term of litigation shall continue from the suspension date.
In the event that the complaint is first filed to the Institution before applying to the relevant
Administration, a decision of referral is taken.

The complaints lodged without exhausting the administrative remedies shall be decided to be
sent to the relevant administration. This decision shall also be notified to the complainant.

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