Page 125 - KDK

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

8.1 OUR EXPECTATIONS

• Regarding the Ombudsman Institutions, the Venice Commission adopted the
“Principles on the Protection and Promotion of the Ombudsman Institution
in 2019. These Principles were also endorsed by the Committee of Ministers
of the Council of Europe on 2 May 2019. The core principle is creation of
an Ombudsman mechanism which is based on independence, objectivity,
transparency, fairness and impartiality. When the Constitution, the Law on the
Ombudsman Institution of Türkiye No. 6238 as well as other legislation, it is
clearly seen that the Ombudsman Institution of Türkiye is mostly in compliance
with the above-mentioned Venice Principles. However, as stated in the Article
16 of the Venice Principles, it is important that the Ombudsman shall have
discretionary power on his/her own initiative to investigate cases. When the
global Ombudsman Institutions are examined, it is seen that around in 80%
of the countries, the Ombudsman Institutions have the power to act on his/her
own initiative and therefore they are entitled to regularly visit prisons, detention
centers for children, the psychiatry centers, refugee camps and similar places
without receiving a compliant. In this regard, it is believed that giving the power
to act on its own initiative to the Ombudsman Institution of Türkiye will highly
contribute to the spreading of the culture of human rights, and resolving the
problems of the disabled, children, women and other fragile segments of the
society.
• In most countries, the Ombudsman Institutions have the duties of national
preventive mechanisms, intervening in proceedings, and the power to file a
suit against the Constitutional Court. In this regard, it is deemed appropriate
to give power to the Institution to perform the duties of national preventive
mechanism, the power to intervene in proceedings and to file a suit against the
Constitutional Court as stated in the Venice Principles, Paris Principles and EU
Progress Reports as well as in line with public expectations.

• It will be beneficial to carry out activities of training, research, reporting
and publications in order to increase the service quality of administration,
to absolutely implement the law and fairness, and to internalize the human
rights as well as to make necessary legal amendments in order to establish an
Ombudsman Institute of Türkiye with an aim to conduct researches, provide
trainings, reports and preparing written publications within the Ombudsman
Institution.

th
• The 11 Development Plan for 2019-2023 period states that “a system of
investment Ombudsman will be created in order to resolve investment disputes

124 2020 ANNUAL REPORT