Page 23 - 2021-Yillik-Rapor-Ingilizce

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

requests on implementation the Regulation on Rewarding Prisoners; and complaints
and requests to increase measures in penal institutions due to the COVID-19 pandemic.
Applications in this direction were examined in accordance with the European
Convention on Human Rights, CPT (European Committee for the Prevention of
Torture) recommendations, the Law No. 5275 on the Execution of Sentences and
Security Measures, relevant regulations, and other legislation; necessary warnings were
made to the administrations against the unlawful situations detected.

Another issue that needs to be mentioned is the requests of citizens from the
administrations within the framework of their right to receive information. As it is
known, the right to receive information is one of the rights that ensure the enjoyment
of many fundamental rights and freedoms, and it is an important legal tool to ensure
transparency in public services and to ensure that people participate in the process,
if necessary, by being aware of the activities of the administration, in other words,
ensuring the accountability of the administration. In this context, examples of bad
practices aimed at preventing the right to receive information should be abandoned,
and requests in this regard should be fulfilled by the administrations within the
framework determined by the law. Therefore, this situation was emphasised in our
decisions, and administrations were recommended to abandon their practices which
hinder the right to receive information.

Another issue as an area of investigation under the heading of justice, national defence,
and security is the applications regarding the national defence services and soldiers as
well as the issues related to the public staff regime of the Turkish Armed Forces and
their non-military activities. Applications in this area focused on assignments outside
the service class, disciplinary punishments, and mobbing. When it was determined
that there were practices that violate the right to defence, especially in disciplinary
punishments, recommendations were issued to the administrations to eliminate this.

Considering the applications submitted to our Institution in the field of health;
complaints were examined about different issues such as incorrect treatment, not
providing health services as required, failure of health staff to display attitudes and
behaviours as required, difficulties in getting an appointment from the hospital, and
incorrect proportions in the health board reports. Disputes between the administration
and the citizens were resolved by inviting the administrations to an amicable settlement
through discussions and correspondence.
The right to property is guaranteed by the Constitution and international conventions.
As a matter of fact, in Article 35 of the Constitution, it is emphasised that everyone
has the right of property, that these rights may be limited by law only in view of
public interest, and that the exercise of the right to property shall not contravene
public interest. Therefore, in order for the intervention in the right of property to be

2021 ANNUAL REPORT 19