Page 67 - 2021-Yillik-Rapor-Ingilizce

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

4.3 CONFIDENTIALITY OF THE COMPLAINT

Complaint shall be kept confidential at the request of the complainant. All kinds of
measures for keeping the complaint confidential shall be taken by the Ombudsman
Institution.
4.4 PRELIMINARY EXAMINATION

Complaints are subjected to a preliminary examination prior to the examination and
investigation phase. In the preliminary examination, the complaint is examined in
terms of whether

a) it falls within the scope of duty of the Ombudsman Institution,
b) it is lodged within proper term,

c) its reasons, content and parties are the same with the ones of another complaint
which is being examined and investigated,

d) its reasons, content and parties are the same with the ones formerly finalized by the
Ombudsman Institution,
e) it is about the disputes being handled or decided on by the judicial organs,

f) the administrative remedies are exhausted or not,
g) it is lodged within the framework of the first paragraph of Article 8 of the Bylaw
on the Procedures and Principles regarding the Implementation of the Ombudsman
Institution Law,
h) it includes a specific subject matter,
i) it contains the information required for lodging a complaint pursuant to the
Ombudsman Law,

j) it contains an infringement of interest.

4.5 ACTIONS AND DECISIONS TO BE TAKEN UPON PRELIMINARY
EXAMINATION

In the event that there are missing documents or the missing documents are not deliv-
ered within the determined period or the subject matter of the complaint is not within
the mandate of the Institution, decision of inadmissibility is taken. This decision is
notified to the complainant and the suspended term of litigation shall continue from
the suspension date. In the event that the complaint is first filed to the Institution
before applying to the relevant Administration, a decision of referral is taken.

2021 ANNUAL REPORT 63