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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE 2018 ANNUAL REPORT

Relevant authority shall inform the Ombudsman Institution within thirty days of the actions
established and the measures taken in line with the recommendation or about its justification
when it does not consider the recommended solution feasible.
Decision of refusal

When the complaint is found inappropriate as a result of relevant examination and investigation,
a decision of refusal shall be issued.

Decision as to no ground exists for taking decisions

The Ombudsman Institution shall decide that there is no ground to take a decision when it
terminates its examination and investigation, in the following cases:

a) When the complainant withdraws her/his complaint,

b) In case of demise when the complainant is a natural entity or termination of the legal
entity if it is a legal entity,

c) Compliance with the complaint request by relevant administration,
d) When a lawsuit is filed against the subject matter of the complaint while examination
and investigation is carried out

Amicable Settlement
The founding purpose and the reason of existence of the Institution is to seek amicable
solutions and to settle disputes in an amicable manner. Therefore, the “Amicable Settlement”
decision has been added to the “By-Law on the Procedures and Principles regarding the
Implementation of the Ombudsman Institution Law” on 02 March 2017.
Amicable Settlement is one of the mostly applied decision methods of the Institution with
a view to quickly and effectively resolving the conflicts. As the success of the Institution
depends on its role as a mediator and an arbitrator based on its persuasiveness, amicable
settlements are mostly preferred by the Institution serving as a bridge between citizens and the
Administration.

It is important that both Parties come to a mutual understanding. Thus, while the examination
and research process on the matter continues, Parties may be invited to amicable settlement. If
the complaint is considered as reasonable and there is no need for any correspondences which
may extend the period of a solution, a meeting is held with the Administration and possible
solutions are discussed. After negotiations with the Administration, if the Administration
decides to resolve the dispute with the complainant, then the amicable decision is made. The
implementation of this decision is followed up by the Institution.

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