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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Although the applications filed in 2019 on alleged violations of fundamental rights and
freedoms were mostly individual applications, it was seen that a number of applications
on concrete alleged violations were lodged by lawyers, civil society organisations
and professional organisations. Among the complaints lodged to our Institution,
the applications in the field of following matters are included: abuse of rights in the
penitentiary institutions, right to petition and right to information, right to vote and
stand for election, civil rights, right to travel, freedom of assembly and association,
freedoms of thought, religion and conscience and prohibition of torture and ill-
treatment.

Article 20 of the Constitution guarantees the privacy of private life within the scope
of fundamental rights and duties. In the subject article, the following provision is laid
down: “Everyone has the right to request the protection of his/her personal data. This right
includes being informed of, having access to and requesting the correction and deletion
of his/her personal data, and to be informed whether these are used in consistency with
envisaged objectives. Personal data can be processed only in cases envisaged by law or by the
person’s explicit consent. The principles and procedures regarding the protection of personal
data shall be laid down in law.” Within the scope of this provision, individual’s rights
also comprise right to be informed of his/her personal data, access to these data and
requesting correction and deletion and learning whether data are used in accordance
with their purpose. In this regard, the individuals are entitled to learn about the
processed data and request rectification in case personal data are processed inaccurately,
have such data erased. Personal data can be processed only in cases envisaged by law or
by the person’s explicit consent. Personal data shall not be processed without explicit
consent of the data subject or it is expressly provided for by the laws.
WOMEN’S RIGHTS

In 2019, the applications in the field of women’s human rights were mostly filed to the
Ombudsman Institution regarding violence against women, discrimination, request for
social benefits and problems resulting from the practice of the Law no. 6284.

In the field of women’s rights, it is observed that women applicants tend to apply to the
Ombudsman Institution in cases of incomplete, delayed and neglected proceedings etc.
in judicial protection system or administrative application procedures.

Since the cases submitted to our institution relating to all kinds of violence against
women, honour killings and feud, harassment and abuse generally devolve upon
judicial bodies, they fall out of the scope of the duties and authorities of our Institution.

Even if the decision of inadmissibility is made on the applications on these issues as per
the relative articles of the Law no. 6328 due to their devolution upon judicial bodies,
the situations of the women are evaluated in each application file and the women are
informed of the public services they can benefit from in line with their needs and

88 2019 ANNUAL REPORT