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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

3.6 GENERAL EVALUATION REGARDING THE ADDED VALUE OF
THE OMBUDSMAN INSTITUTION FOR TÜRKİYE IN 2021

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 690 thousand case files
in 2021.
Our Institution often uses the method of amicable settlement to ensure that complaints
are concluded as quickly and efficiently as possible and thereby aims to achieve the
objective of rapid access to justice.

In this context, a total of 6.084 decisions issued as a result of the examination
and investigation 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, 3.160 of these applications filed in 2021 were resolved
through amicable settlement methods. Again, a total of 1.604 recommendations,
403 of which are partial recommendations, issued as a result of the examination and
investigation conducted by our Institution contributed to reducing the workload of
the courts. Moreover, a total of 1.320 decisions of refusal issued 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.

In addition, the legal status of the application subjects in terms of procedure 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 also have
a positive effect on the workload of the jurisdiction.

In addition to examining the complaints, our Institution also responds to information
requests of individuals. In 2021, through our Information Bureau, which works like

56 2021 ANNUAL REPORT