Page 69 - On-merged

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

4.5 ACTIONS AND DECISIONS TO BE TAKEN UPON PRELIMINARY
EXAMINATION

In the event that there are missing documents or the missing documents are not
delivered within the determined period or the subject matter of the complaint is not
within the mandate of the Institution, decision of inadmissibility is taken. This
decision is notified to the complainant and the suspended term of litigation shall
continue from the suspension date. In the event that the complaint is first filed to the
Institution before applying to the relevant Administration, a decision of referral is
taken.

The complaints lodged without exhausting the administrative remedies shall be decided
to be sent to the relevant administration. This decision shall also be notified to the
complainant. 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.

4.6 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.
4.7 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.

68 2019 ANNUAL REPORT