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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

3.7 GENERAL EVALUATION REGARDING THE ADDED VALUE OF THE
OMBUDSMAN INSTITUTION FOR TÜRKİYE IN 2020

Pursuant to the provision in Article 74 of our Constitution, the Ombudsman
Institution, a Constitutional Institution established by Law No. 6328, which examines
complaints regarding the functioning of the administration as well as contributing to
the functioning of the administration, aims to help prevent current problems and
potential problems that may possibly arise in the future, with the recommendations
that it makes in general in terms of legislative amendments and principles of good
administration.

It is stated in the general justification of the Law No. 6328 on the Ombudsman that
“...it is aimed to ensure that the administrations comply with the recommendations
of the Institution as much as possible and to reduce the burden of administrative
judiciary...”. Therefore, it is among our main objectives to ensure rapid access
to justice as an Institution that provides support to and reduces the burden of
administrative jurisdictions which handled approximately 550 thousand case files
in 2020.

Our Institution uses the method of amicable settlement to ensure that complaints are
concluded as quickly and efficiently as possible and thereby aims to achieve the goal
of rapid access to justice.

In this context, a total of 91,100 decisions concluded as a result of the examinations
and investigations conducted by our Institution helped to enhance the quality of
public services as well as to create a transparent, accountable, and human-oriented
administration. Furthermore, 2,867 of these applications in 2020 were resolved
through amicable methods. Again, a total of 68,832 recommendations, 704 of
which are partial recommendations concluded, as a result of the examination and
investigation conducted by our Institution, contributed to reducing the workload
of the courts. On the other hand, a total of 941 Decisions of Refusal made in the
same period can possibly lead to a decline in the rate of applicants’ resorting to the
jurisdiction due to the explanation included in these decisions that their request could
not be fulfilled within the framework of the legislation.

Moreover, the legal status of the application topics in terms of practice is also clarified
in the applications filed to our Institution. Since our Institution’s procedure of
examining complaints is similar to the requirements to file a lawsuit in administrative
jurisdiction, especially the requirements of time and interest violation, our decisions
of inadmissibility regarding applications that do not meet these requirements can
have a positive effect on the workload of the jurisdiction.

In addition to examining the complaints, the Ombudsman Institution of Türkiye also

52 2020 ANNUAL REPORT