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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Case Study

In the Decision of the12th Chamber of the Council of State dated 02/02/2017 and
numbered 2016/8889 E., 2017/127 K., it was stated that an action was brought before
the court by the plaintiff, who was the deputy manager in Bakırköy Trade Vocational
High School, in order to annul the decision of the High Disciplinary Board regarding
“his dismissal from the civil service”.

As a result of the evaluation of the case, it was stated that in order to impose a sanction
such as dismissal from civil service, it was a legal obligation that the competent authority
make sure that the subject public official knows the claims on himself, the evidences on
which the claim are based, legal nature of the accusations and the proposed disciplinary
sanction, and allow for making statements of defence; accordingly, the subject official,
about whom the decision of dismissal was proposed by the High Disciplinary Board,
must be granted the right of defence; it was found that the sanction was imposed on
the plaintiff, who was proven guilty as charged, without hearing his self-defence. It was
concluded that the ruling of the court was not lawful considering the action of the
High Disciplinary Board, which left out and ignored the final defence of the plaintiff,
on whom the decision of the dismissal from civil service was made.

RIGHT TO INFORMATION

Right to information is a right that enables individual, whether the matter is directly
related to them or not, to request and obtain the information available on the side
of the administration. In this sense, this principle has an important position in the
establishment of a confidential relation between individuals and the State and ensuring
the transparency of the administration.

Right to information is a precondition of the right to legal remedies, and accordingly,
the principle of State of law as well as a requirement for transparency and accountability.

This principle emphasis the following elements:

• Right to information of the individuals and duty of notification of the
administration,

• Administration’s obligation to provide all kinds of information and documents for
the use of the applicants excluding the exceptions specified in legal arrangements,

• Providing the relevant information in due of time and without delay.
Case Study

In the Decision of the European Court of Human Rights no. 37374/04 dated
14/04/2019 concerning a request by the Társaság a Szabadságjogokért/Hungary

56 2019 ANNUAL REPORT