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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

and military personnel about personal rights, promotion and lodging rights, personal
recruitment in Turkish Armed Forces (TAF), the situation of cadets after the closure of
military schools under a decree-law, failure to enter TAF due to the negative results of
security investigation, military recreation centres, destruction of the data resulting from
criminal record check, termination of identity cards of private security guards, denial of
carry permit or withdrawal of cancellation, cancellation of unfair traffic tickets, negative
behaviours of security officials.
Case Summaries

About the Request for Execution of Court Decision

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The applicant stated that as a result of the decision of Samsun 1 Civil Court of First
Instance dated 27/12/2018, it was decided to pay him or her compensation, and that
the decision in question was finalized, but no payment was made although more than a
year had passed since the finalization of the decision; therefore, the applicant requested
that the enforcement file debt registered in Samsun Enforcement Office to be paid.

As a result of the examination made by our Institution, considering that the failure to
execute the court’s decision properly contradicted with the law and equity, it was decided
to issue a Recommendation to the Governorate of Samsun so that the administration
would take an action within a reasonable time to execute the relevant court decision.

About the Request for Appointment According to the Result of the Court Decision

The applicant, who worked as a non-commissioned officer within the Ministry of
National Defense Land Forces Command, stated that he or she was dismissed from
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public service by the action of Ministry of National Defense dated 29 August 2016,
based on Article 4/1-a of the Decree Law No. 667 on Measures Taken under the State
of Emergency, that the lawsuit filed by the applicant for the cancellation of the action
was concluded and that the action at issue was canceled; however, the applicant stated
and alleged that although thirty (30) days had passed from the date of the notification
to the administration, his reinstatement procedures were still not completed and he was
not reappointed to his position, and that he would lose his right to appointment based
on the status of his spouse in August if the actions were not completed immediately;
therefore, he filed an application to our Institution with the request for appointment.

The negotiations with the Land Forces Command on the subject informed that the
applicant was appointed with the Approval of the Minister of National Defense dated
30/07/2020; accordingly, based on the confirmation of the applicant’s appointment by
the telephone call with him on 12/08/2020, Amicable Settlement Decision was issued.

2020 ANNUAL REPORT 73