Page 84 - On-merged
P. 84
THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE
in compliance with the right to social security; in addition, treating the pension fund
under the right to property as in the case of the Constitutional court decisions as well
as the decisions of the European Court of Human Rights, relevant cuts on the pension
must be returned. Furthermore, the Ombudsman Institution arrived at the conclusion
that there were no legal interests in causing bureaucracy by having the applicant make
an additional application this time for the return of the cuts after the release of the
attachment. Considering all these facts, it was found out that seizing the pension
without consent was neither lawful nor fair.
11
Accordingly, it was decided to submit a Recommendation to the Revenue
Administration about removal of the lien imposed on the pension of the applicant
and refunding the deductions made and to warn against imposing lien on the pensions
without consent.
ENERGY, INDUSTRY, CUSTOMS AND TRADE
Applications in the field of energy, industry, customs and trade have been mostly
about the following: problems arising from getting mining license or cancelling it, acts
of electricity distribution companies, standby credits given for enterprises by Small
and Medium Enterprises Development Organisation (KOSGEB), matters relating to
domestic and foreign trades, consumer problems, and customs procedures.
Removal of Electricity Transformer from the Schoolyard
The applicant requested the removal of the electricity transformer, which was in the
schoolyard of Özel İdare Elementary School by stating that it might pose a risk for the
safety of the children.
As a result of the evaluation made by our Institution, it was concluded to submit a
12
Recommendation for Uludağ Electricity Distribution Incorporated Company to
surround the electricity transformer with a barrier or woven-wire fence in order to
secure the area, for Bursa Governorate to hold a meeting with a view to ensuring
coordination and finding a permanent solution in compliance with the legislation
and for Bursa Metropolitan Municipality, Osmangazi Municipality, Turkish Electricity
Distribution Company (TEDAŞ) to conduct necessary proceedings and acts.
Request for the Entry of the Land Vehicles with Foreign License Plates to Türkiye.
The applicant applied to our Institution to request permission for the entry of the land
vehicles with foreign license plates to Türkiye.
Within the scope of the examination of the file, it was found out that the applicant
did not meet the requirement of staying out of the Customs Territory of Türkiye at
11 Recommendation dated 31/05/2019 on the application no. 2018/16572
12 Recommendation dated 21/10/2019 on the application no. 2019/7297
2019 ANNUAL REPORT 83