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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

According to the division of labor directive of our institution, in the areas that I am
responsible for, majority of applications have been made by those who are detained or
convicted in prisons and are still being made to be transferred to a prison in the city
where their family is located or in a nearby city. By the General Directorate of Prisons
and Detention Houses, the most important reason for the rejection of these applications
was argued that the penal execution institutions are full. As a result of the examination
of these applications by our institution “Recommendation” and “Amicable Settlement”
decisions have been made about many applications. In 2020, amendments are made
in the law on the execution of sentences and security measures by the Grand National
Assembly of Türkiye with the Law No. 7242 which paved the way for the release of
approximately ninety thousand convicts.

In accordance with the Law No. 5275 on the Execution of Penalties and Security
Measures Article 6, sub-article 1, sub-paragraph (f), it was stated that special precautions
were needed in the penal execution institutions, therefore the transfer of convicts and
detainees was temporarily suspended and these measures applied at this stage cannot
be lifted. Nevertheless, as a result of the investigations about the applications found to
be acceptable, following the lifting of the measures implemented under COVID-19
“recommendation” was given for the transfer of applicants.

Regarding healthcare, there have been applications from the citizens that the measures
were not respected in some places and that the inspections shall be increased and these
applications were delivered to the relevant administrations as soon as possible and as a
result of the taken actions, feedbacks were received from the relevant institutions.

The right to property is the most important right after the “right to live” both in the
Constitution and in the international texts. Again this year, within the scope of zoning
plans due to the allocation of citizens’ immovables to public services, no expropriation
for many years and applications were made for the inability of citizens to dispose of
their immovables. As a result of the examinations, “recommendations” were made to
the relevant administrations with the conviction that the property rights of the citizens
were violated by preventing the actual usage right of the citizens on their immovables.
Applications are made to our Institution within the scope of the right to information.
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In the 74 Article of our Constitution by stating that everyone has the right to
information, the right to information is clearly guaranteed. As a matter of fact, the
legislator has also enacted the Law No. 4982 on the Right to Information in order
to regulate the procedure and the basis of the right to information according to the
principles of equality, impartiality and openness that are the necessities of a democratic
and transparent government. These applications were examined and concluded within
the scope of the provisions of the Constitution and Law No. 4982.

2020 ANNUAL REPORT 19