Page 86 - 2021-Yillik-Rapor-Ingilizce

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Our institution communicates with local governments both verbally and in
writing, conducts examinations and researches regarding applications and makes
recommendations to local administrations when necessary. Thus, as a result of this
communication with the local governments, the examination and research and the
recommendations given, many applications of the complainants in this area are resolved
through consensus (amicable settlement).
RIGHT TO PROPERTY

When the applications decided by the OI in 2021 are examined, the subject of the
applications is mainly; confiscation without expropriation, immovables reserved for
public service in the implementation zoning plan, immovables registered as protected
areas, confiscation and similar measures, and disputes arising from the uncertainty
experienced in reaching the claim based on a court decision.

In OI decisions, in accordance with the provisions of Article 46 of the Constitution
and the Law No. 2942, makes its decision by considering the provision that the
administration acquires the immovable by expropriation, in the event that the
immovable in the possession of the persons is seized by the administration without
following the procedural path specified in the aforementioned legislation, it includes
in its decisions that the property rights of the persons are violated by confiscating
the immovable without expropriation. As a result of the evaluations made by OI,
recommendations were made to the administrations for the immediate expropriation
of the part confiscating without expropriating, and it guided the administrations in
preventing any kind of interference with the property right.
POPULATION, CITIZENSHIP, REFUGEE AND ASYLUM RIGHTS

In this field in 2021, persons whose descendants have acquired Turkish citizenship,
issuance of a name equivalence certificate showing the names of their ancestors before
they became Turkish citizens, changing the name or surname on the identity document,
changing the address in the address-based population registration system, registration of
death, registration of current marital status and such requests were investigated.
Not only Turkish citizens but also foreigners who have complaints about the
transaction, action, attitude and behavior of the administration can apply to our
institution. Although the applications to the Institution are made with a Turkish
petition, an application in another language in which the complainant can express
himself better may be accepted if the Institution determines that it is justified and
reasonable. Therefore, we maintain our existence as an institution for seeking rights for
immigrants, asylum seekers, refugees and foreigners.

Case Summary

A complainant, who applied to our institution, stated that he applied for a name

82 2021 ANNUAL REPORT