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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

7.15 SERVICES PROVIDED BY LOCAL ADMINISTRATIONS

As stated in Article 123 of the Constitution of Türkiye, the administrative organization
of Türkiye is based on the principles of central administration and local administration
with its establishment and duties.

The Ombudsman Institution emerges as an alternative solution for those in conflict
with local administrations. While the Institution approaches the problem of the citizen
with the local administration like a court by means of legal supervision, it tries to find
a solution in accordance with the requirements of the concrete case with a perspective
of equity. In this direction, the Ombudsman Institution, which has been examining the
applications regarding the acts, actions, attitudes, and behaviors of local administrations
since 29 March 2014, has received approximately 11,000 applications regarding the
services provided by local administrations.
7.16 RIGHT TO PROPERTY

The right to property is among the fundamental rights and freedoms guaranteed by
both national constitutions and international human rights conventions. As a matter
of fact, in Article 35 of the Constitution of Türkiye, it is stipulated that everyone has
the right to own and inherit property, these rights can only be limited by law only in
view of public interest, and the exercise of the right to property shall not contravene
public interest.

By analyzing the applications received by the Ombudsman Institution in 2022, it is
seen that they mainly consist of disputes arising from expropriation requests, payment
of expropriation price, confiscation without expropriation, cadastral renewal works,
zoning plans, correction of land registry, leasing of immovable properties belonging to
the Treasury, and land consolidation.

CASE SUMMARY

An application was lodged to the Ombudsman Institution with a request of revoking
a decision of refusal by the Superior Council for the Conservation of Cultural and
Natural Property concerning his building for which a Risky Building Detection Report
was finalized and a demolition decision was issued. The Superior Council issued a
refusal decision regarding his objection against the registration of the structure as a
cultural property to be protected as per Articles 6 and 7 of the Law on the Conservation
of Cultural and Natural Property No. 2863.

The applicant objected to the registration decision on three counts. The first is that
about 3 years before the real estate was registered as a cultural property to be protected,

118 2022 ANNUAL REPORT