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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Amicable Settlement

The founding purpose and the reason of existence of the Institution is to seek amicable
solutions and to settle disputes in an amicable manner. Therefore, the “Amicable
Settlement” decision has been added to the “By-Law on the Procedures and Principles
regarding the Implementation of the Ombudsman Institution Law” on 02 March 2017.

Amicable Settlement is one of the mostly applied decision methods of the Institution
with a view to quickly and effectively resolving the conflicts. As the success of
the Institution depends on its role as a mediator and an arbitrator based on its
persuasiveness, amicable settlements are mostly preferred by the Institution serving as a
bridge between citizens and the Administration.

It is important that both parties come to a mutual understanding. Thus, while the
examination and research process on the matter continues, parties may be invited
to amicable settlement. If the complaint is considered as reasonable and there is no
need for any correspondences which may extend the period of a solution, a meeting is
held with the Administration and possible solutions are discussed. After negotiations
with the Administration, if the Administration decides to resolve the dispute with the
complainant, then the amicable decision is made. The implementation of this decision
is followed up by the Institution.
4.12 CASE SUMMARIES

The following is a selection of summaries of individual cases as per different subject
matters dealt with by the relevant Ombudsmen in 2021:

JUSTICE, NATIONAL DEFENCE AND SECURITY

Applications which are filed to our Institution relating to “justice, national defense
and security” are, in general, made by the prisoners or convicts and they consist of
complaints on prison conditions, management of prisons, the attitudes and behaviours
of the prison staff, disciplinary punishments inflicted by the wardens, request for
transfer by the prisoners to the province or neighbouring provinces where the families
of the prisoners live, applications on the problems encountered during contact and
non-contact visits, health problems, increased measures in prisons due to the pandemic,
requests for immediate finalisation of the court cases where the applicants are parties to,
motion for new trial, failure to collect attorney’s fees, refusal to order an expert report,
failure to attend the reconciliation examination, applications by attorneys on a number
of problems, notarial proceedings, applications regarding enforcement proceedings.

42% of the applications filed under this subject are related to the activities of penal
institutions while 22% of the applications are related to the activities concerning the
operation of justice services.

68 2021 ANNUAL REPORT