Page 120 - 2022-ingilizce-Yillik-Rapor-baski-son

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

a Risky Building Detection Report was issued within the scope of the provisions of
the Law No. 6306 on the Transformation of Areas under Disaster Risk. The second is
th
that the building was built in the 1950s, not before the 19 century and it does not
have an architectural identity reflecting a certain period, and it is possible to exhibit the
paintings in the apartment in a different place. The third is that due to the registration
of the real estate as a cultural property, the repair costs are too high, and the cost of a
retrofit work will impose an excessive burden on the owners.

The applicant claimed and complained that his right to property was violated due to
the registration of his immovable property as a cultural property in need of protection.
As a result of the examinations of the Ombudsman Institution, it was concluded that
the interference brought to the use of the applicant’s right to property has a legal basis
in Articles 6 and 7 of the Law No. 2863. It is decided that it is very important to
protect immovable properties deemed to be a cultural and natural asset by registering
them and preserving them in accordance with their original state in terms of preserving
the national culture and cultural heritage and passing them onto future generations.
The intervention in this context should be accepted as having a purpose of common
good, and the request to revoke the decisions taken by the Istanbul Regional Board for
Protection of Cultural Property No. II and the Superior Council for the Conservation
of Cultural and Natural Property regarding the registration of the immovable property
as a cultural asset was rejected. On the other hand, the Ministry of Culture and Tourism
was advised to provide in-kind, cash and technical assistance for the maintenance and
repair of the immovable property upon the application made by the property owners
within the framework of Law No. 2863 and other legislation, and to expropriate
the properties of those who are incapable of fulfilling the maintenance and repair
responsibilities determined by this Law. 22

7.17 CIVIL REGISTRATION, CITIZENSHIP, AND REFUGEE AND
ASYLUM RIGHTS

The title of civil registration, citizenship, and refugee and asylum rights is a field that
deals with the disputes of both Turkish citizens, their foreign relatives and foreign
nationals with the administration in this area.
EXAMPLE

In a Decision of Refusal dated 26 July 2022 and numbered 2022/1907, the applicant,
who graduated from Ankara University Faculty of Dentistry on 17 September 2018 and
did not leave the country after graduation and continued to stay legally by obtaining a

22 Decision of Partial Recommendation and Partial Refusal dated 25.04.2022 on the application num-
bered 2021/19207

2022 ANNUAL REPORT 119