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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

the Ombudsman Institution of Türkiye complies with the above-mentioned Venice
Principles. However, as stated in the Article 16 of the Venice Principles, it is important
that the Ombudsman shall have discretionary power on his/her own initiative to
investigate cases. When the global Ombudsman Institutions are examined, it is seen
that around in 80% of the countries, the Ombudsman Institutions have the power
to act on his/her own initiative and therefore they are entitled to regularly visit
prisons, detention centers for children, the psychiatry centers, refugee camps and
similar places without receiving a compliant. In this regard, it is believed that giving
the power to act on its own initiative to the Ombudsman Institution of Türkiye
will highly contribute to the spreading of the culture of human rights, and resolving
the problems of the people with disabilities, children, women and other vulnerable
groups of the society.
❖ In most countries, the Ombudsman Institutions have the duties of national
preventive mechanisms, intervening in proceedings, and the power to file a suit
against the Constitutional Court. In this regard, it is deemed appropriate to give
power to the Institution to perform the duties of national preventive mechanism,
the power to intervene in proceedings and to file a suit against the Constitutional
Court as stated in the Venice Principles, Paris Principles and EU Progress Reports as
well as in line with public expectations.

❖ Although the Ombudsmen have the power to supervise all public institutions and
to collect information and documents, equalizing their status to an administrative
unit is perceived by the administrators as a subordinate-superior relationship. In
this context, it is considered that indexing their status to the managers of higher
judicial organs will actually increase the supervision efficiency of the Institution, and
strengthening the status of the personnel of the Institution will positively affect the
work of the Institution.
Achieving the above-mentioned issues through the amendment to be made in the Law
No. 6328 on Ombudsman Institution will bring the Institution to a better point, and
the contribution of the Institution to human rights and the development of human-
oriented administration will be even greater.

Sincerely yours,
Ombudsman Institution of Türkiye

2022 ANNUAL REPORT 189