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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Case Summaries

Request for Information on Citizenship Application and Acceleration of the
Process
The Applicant stated that his wife, who was Algerian, applied to Kahramanmaraş
Governorate on 29/05/2017 to acquire Turkish citizenship, that the application was
pending for around a year by claiming that it had not been concluded, yet. Accordingly,
the applicant requested information on the current state of the citizenship application
and finalisation of the process through acceleration thereof.

As a result of the examination conducted by our Institution, it was found out that
as per Article 12 titled “Acceptance and Finalisation of Applications” of the By-law
on the Procedures and Principles to be Complied with in the Provision of Public
Services, which lays down that citizens’ applications shall be finalised within the period
set forth in the service standards, the delay was in conflict with the provisions of the
aforementioned article, that a decision was not made through the finalisation of the
investigation although about two years had passed to date since 29/05/2017, when a
request on behalf of a foreign national, who lived in our country as married to a Turkish
citizen more than three years, was submitted; accordingly, it was evaluated that this
administrative process was not lawful nor was in compliance with the principles of good
administration because of the failure to duly inform the applicant of his application.
In this respect, pursuant to the provisions of Turkish Citizenship Law No. 5901, it was
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decided to issue a Recommendation for the Ministry of Interior about the relief of
the relevant person through finalisation of the application dated 29/05/2017 on request
for acquisition of Turkish citizenship by way of marriage within the shortest time.

Request for Registration of the Court Decision on Adoption in the Records of Civil
Registration System
The applicant stated that he was the legal representative of the inheritors of ………….,
th
who was the adopted child of …….., that the decision no………….of the12 Civil
Court of First Instance in İstanbul on the adoption by the adoptive……… was not
registered in the Central Civil Registration System (MERNIS), and that the applicant
applied to the Provincial Directorate of Population and Citizenship Affairs in İstanbul
to request rectification of the records and insertion of the adoption proceedings in the
records. By claiming that his application in writing was submitted to the Directorate
General of Population and Citizenship Affairs on 12/06/2018 and his application was
left unanswered although a long time had already passed, the applicant requested that
the court decision on adoption be proceeded in the records in order to eliminate the
aggrievements suffered by his clients.

24 Recommendation dated 16/07/2019 on the application no. 2019/1071

98 2019 ANNUAL REPORT