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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Case Summary

Request for Education near His Family with the Status of Special Student Due to
the Disability of Both His Parents
The applicant stated that he was studying professional certificate programme in
engineering in the Civil Engineering Department in Erzurum Technical University, that
his father was 98% disabled and his mother was 78% disabled and requested that he be
admitted to Elazığ Fırat University through the grant of the status of special student.
10
In the Recommendation submitted by our Institution, following remarks were
included: “As the decision dated 6/12/2017 of the Executive Committee of the Council
of Higher Education (YÖK) on the fact that students of certificate programmes in
engineering shall not be deemed to be special students damages the principle of equality
of opportunity in education, conflicts with the YÖK’s duty to secure uniformity in
education and as no explicit legal grounds exist for this decision, the decision has been
concluded and considered that the council decision in question is unlawful and unfair”.
The letter submitted by YÖK as a response to the Institution’s decision informed
that on the condition that the applicant applied by providing evidence for his special
situation, the relative request would be evaluated.

ECONOMY, FINANCE AND TAX

Most of the applications made by the natural and legal persons on the acts and actions
as well as attitudes and behaviours of the administrations in the field of economy,
finance and tax have been about the following matters: banking transactions, capital
markets, financial offenses and trafficking, public receivables and debts, tax procedures,
insurance transactions, tender procedures and other matters relating to economy,
finance and tax.

Case Summary

Request for Removal of the Lien Imposed on the Pension by the Tax Office due to
Tax Debt
The applicant claimed that although he closed down his business as a tax debtor in
2006, Karşıyaka Tax Office seized 1/3 of his pension in return for the tax lien on
01/11/2018 and requested relief through the release of the attachment.
As a result of the examination and investigation, it was concluded that with Article
60 of the Constitution, it was aimed to secure everyone’s right to social security and
minimum level of living against social risks; in this regard, pension fund was one of
the social security rights guaranteed by the Constitution; therefore, seizing the pension
fund, which was directly related to the right to social security, without consent was not

10 Recommendation dated 19/09/2019 on the application no. 2019/1930

82 2019 ANNUAL REPORT