Page 49 - 2018-yillik-raporu-ing

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE 2018 ANNUAL REPORT

The date when the complaints are lodged to the Ombudsman Institution shall be considered
as the complaint date lodged to the administration. Upon delivery of the complaint to the
relevant administration by the Ombudsman Institution, a new complaint may be lodged to
the Ombudsman Institution within six months.

3.6 Requesting Information and documents

The information and documents which the Institution may request in connection with the
matter it examines and investigates are to be submitted to the Institution within thirty days
following the date of notification of such request. Upon request of the Chief Ombudsman
or ombudsman, the relevant authority shall launch an investigation about those who refuse
to submit the documents or information requested within this period without any justifiable
reason.

The information or documents which are state secrets or trade secrets may not be submitted to
the Institution by the highest-ranking post or board of the competent authorities by providing
justifications for such refusal. However, such information or documents which state secrets
are may be examined on the spot by the Chief Ombudsman or an ombudsman assigned by
the Chief Ombudsman.
3.7 Assignment of an outside expert and hearing of witness

The Chief Ombudsman or ombudsmen may assign outside experts in connection with the
subject matter under examination and investigation.

Without prejudice to the provisions of the Allowance Law No. 6245 of 10.02.1954, an expert
fee which shall not exceed the sum calculated by multiplying the reference value of 1,000
for civil servants and of 2,000 for other persons with the coefficient applied to civil servants’
monthly salaries shall be paid upon a decision by the one who effects the assignment. These
payments shall be free of taxes or other deductions except the stamp duty.

The Chief Ombudsman or ombudsmen or experts may hear witnesses or relevant people in
connection with the matter under examination and investigation.

3.8 Examination and investigation

The Institution shall finalize its examination and investigation within six months at the latest
following the date of application. The Institution shall notify the outcome of its examination
and investigation and, if any, its recommendations to the relevant authority and to the
applicant. The Institution shall indicate to the applicant the remedies against the act, the
application period and the authority to which the application should be filed.

47