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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

recruitment in Turkish Armed Forces (TAF), the situation of cadets after the closure of
military schools under a decree-law, failure to enter TAF due to the negative results of
security investigation, military recreation centres, destruction of the data resulting from
criminal record check, termination of identity cards of private security guards, denial of
carry permit or withdrawal of cancellation, cancellation of unfair traffic tickets, negative
behaviours of security officials.
Case Summaries

About the Request for Being a Conciliator and Destruction of Criminal and
Archival Records
The applicant committed a crime in 2008. Later, he received training on reconciliation
and succeeded in relative examination; however, Alternative Solutions Department
refused his application for being a conciliator. The same crime was raised as an issue
when he applied for being an expert in financial office and assistant manager in
accounting office in the Ministry of Finance. The applicant stated that this situation
caused lifelong punishment and requested that the criminal record and archive record,
which prevented him from rising in the profession or from entering some public
positions, be deleted and he be enrolled as a conciliator in the records.
As a result of the examination made by the Ombudsman Institution, the Institution
concluded that the refusal of the applicant’s request for the destruction of archival
records was neither unlawful nor unfair; therefore, applicant’s request was refused;
that his request for being enrolled as a conciliator in the records was lawful; however,
interpreting the provision prescribing that employing those who were “convicted of a
deliberate crime” in civil service shall be denied in a broader manner than many other
provisions of law was unlawful as there was no upper limit for it. Accordingly, it was
1
decided that the Ministry of Justice be recommended for necessary legal arrangements.
About the Request for Appointment to the Province His Spouse was Working

The applicant worked in a District Gendarmerie Command under the General
Command of Gendarmerie. His wife worked as a contract employee in the central
district Directorate General of Land Registry and Cadastre in another province. The
applicant stated that there were not any vacant positions for his spouse to be assigned
to in the regional directorate; therefore, appointment request of his spouse was not
fulfilled; accordingly, he requested that he be appointed to the province his wife was
working.
Our Institution requested information and documents from the General Command
of Gendarmerie. According to the response letter and its annexes by the General
Command, as the applicant was a staff member under the category of gendarmerie
services, who was subject to mandatory rotation, his wife had to be appointed to where

1 Partial Recommendation Partial Refusal dated 10/01/2019 on the application no. 2018/10171

2019 ANNUAL REPORT 73