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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

7.1 ADDED VALUE OF THE INSTITUTION FOR TÜRKİYE

Pursuant to the provision in Article 74 of our Constitution, the Ombudsman
Institution, a Constitutional Institution established by Law No. 6328, which examines
complaints regarding the functioning of the administration as well as contributing
to the functioning of the administration, aims to help prevent current problems and
potential problems that may possibly arise in the future, with the recommendations
that it makes in general in terms of legislative amendments and principles of good
administration.

It is stated in the general justification of the Law No. 6328 on the Ombudsman that “...
it is aimed to ensure that the administrations comply with the recommendations of the
Institution as much as possible and to reduce the burden of administrative judiciary...”.
Therefore, as an Institution that provides support to administrative jurisdictions, which
handled approximately 565 thousand case files in 2019, it is among our main objectives
to ensure rapid access to justice.

Our Institution aims to ensure that complaints are concluded as quickly and efficiently
as possible and to achieve the goal of rapid access to justice through the method of
amicable settlement.

In this context, the Ombudsman Institution processed 25,000 complaints in total in
2019. 20,968 of these applications were received in 2019 while 4.032 of them were
transferred from 2018. 21,170 (84,68%) of these applications were concluded by our
Institution and the results of the examinations were reported to the complainants.

2,707 of these applications filed in 2019 were resolved through amicable settlement.
Again, a total of 1,270 recommendations issued as a result of the examination and
investigation conducted by our Institution contributed to reducing the workload of
the courts.

In addition, a total of 893 Decisions of Refusal made in 2019 can possibly lead to a
decline in the rate of applicants’ resorting to the jurisdiction due to the explanation
included in these decisions that their request could not be fulfilled within the frame-
work of the legislation.
Also, the legal status of the application topics in terms of practice is also clarified in
the applications filed to our Institution. Since our Institution’s procedure of examin-
ing complaints, time requirement and the requirement of interest violation are similar
to the requirements to file a lawsuit in administrative jurisdiction, our decisions of
inadmissibility regarding applications that do not meet these requirements can have a
positive effect on the workload of the jurisdiction.

In addition to examining the complaints, the Ombudsman Institution of Türkiye also
responds to individuals’ information requests. Through our Information Office, which

128 2019 ANNUAL REPORT