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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE 2018 ANNUAL REPORT

A case summary

In the application filed on behalf of 870 applicants, applicants complained about the curfew
declared by the district governorate in Silopi, Şırnak between 5-24 April 2016 and stated that
they failed the Entrance to High School Exam (TEOG) which was held on 27-28 April 2016
claiming that they weren’t provided with public services sufficiently and couldn’t meet their
humanitarian needs, that the administration didn’t take necessary and adequate measures to
continue public services, and that the security measures weren’t executed as required. Thus,
the applicant asked for compensation with an amount of 10 thousand Turkish Liras for each
applicant.

Our Institution conducted examinations to find if there were any acts or actions of the
district governorate which were contrary to the law. So, whether the curfew decision was
necessary or not, whether the public services were provided sufficiently or not, whether the
right to education was violated or not, whether the applicants failed the exam because of
the shortcoming of the administration, and whether the administration took necessary and
adequate measures for the continuation of the public services or not were thoroughly looked
into by our Institution. As a result, it was concluded that the curfew decision was declared
on legal grounds in Silopi, which is located in a sensitive region where there are continuously
armed conflicts with terrorist organizations, that curfew decision was declared to protect the
safety and property of the citizens, that necessary measures were taken to make up for the
interruption because of the curfew and that compensation courses for students were provided,
students’ failure in the exam was not related to the curfew as the factors for failure were based
on many different reasons some of which might be subjective, and therefore our Institution
issued refusal decision.

f) Economy, Finance and Tax
Most of the applications in this field have been about the following matters:

◊ Banking Transactions,
◊ Insurance Transactions,

◊ Capital Markets,
◊ Tender Procedures,
◊ Public Receivables and Debts,

◊ Tax Procedures,
◊ Financial Offenses and Trafficking and

◊ Other matters relating to Economy, Finance and Tax.

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