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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE
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.
The number of “Amicable Settlement” decisions in 2019 has been 2,707.
4.12 CASE SUMMARIES
The following is a selection of summaries of individual cases as per different subject
matters dealt with by the relevant Ombudsmen in 2019:
JUSTICE, NATIONAL DEFENCE AND SECURITY
Applications which are filed to our Institution relating to “justice” are, in general,
made by the prisoners or convicts and they consist of complaints on prison conditions,
management of prisons, the attitudes and behaviours of the prison staff, disciplinary
punishments inflicted by the wardens, request for transfer by the prisoners to the
province or neighbouring provinces where the families of the prisoners live, applications
on the problems encountered during contact and non-contact visits, health problems,
requests for immediate finalisation of the court cases where the applicants are parties to,
motion for new trial, failure to collect attorney’s fees, refusal to order an expert report,
failure to attend the reconciliation examination, applications by attorneys on a number
of problems, notarial proceedings, applications regarding enforcement proceedings.
Applications relating to “national defense, security and law enforcement” include the
following: the fulfilment of the appointment requests in recruitment of military officers
and non-commissioned officers, destruction of archival records, applications by civilian
and military personnel about personal rights, promotion and lodging rights, personal
72 2019 ANNUAL REPORT