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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE
previous years, in 2022, many complaint applications on issues related to my field
of duty were examined, and we strived to finalize each application with an amicable
settlement based approach.
Within this framework, in 2022, on matters in my field of duty, applications on various
subjects were examined under the heading “Justice, National Defense and Security”,
such as requests and complaints of those who are detained or convicted in prisons
about prison conditions, video phone call and weekly call requests, requests that the
food provided in the penitentiary institution to be complied with healthy nutrition
conditions, requests to be transferred to a prison in the city where the prisoner’s family
reside or to a nearby city, applications for problems experienced regarding contact or
non-contact visitations, requests for a retrial by reviewing the decisions issued by the
courts, failure to collect court attorney fees, to be added to the expert list, requests for
expert trainings, problems experienced in enforcement proceedings, deletion of criminal
record, records of lawyer internship, updating the fee schedule for compulsory defense
attorney assignments. With references to international conventions, relevant legislation
and recommendations, while drawing attention to the positive obligation of the state,
we have issued recommendations to the administrations to take the necessary measures.
Furthermore, as a result of the investigations we carried out, we conveyed the findings
and recommendations to the relevant administration regarding the necessity of making
regulations and legislation to maintain healthy child-parent relations, facilitate their
visits and make the visit areas “child-friendly”.
On the other hand, in the applications received by the Ombudsman Institution,
regarding that the information and documents requested by the attorneys from the
administrations were not provided, disputes were resolved amicably by emphasizing the
obligation of the administrations in accessing the information and documents required
by the attorney, in accordance with the of Attorneyship Law No. 1136, Article 2. In
addition, administrations that violated the aforementioned provision were invited to act
in accordance with the law via our advisory decisions.
Regarding the applications claiming that the “right to petition and to obtain information”
is violated, noting that these rights are guaranteed by Constitution of Türkiye, and
detailed regulations have been made regarding the exercise of the aforementioned rights
with the Law No. 3071 on the Use of the Right to Petition and Law No. 4982 on The
Right to Information, it has been emphasized in our decisions that the administrations
should respond to these demands within the framework of the relevant legislation, as a
requirement of a transparent and accountable administration approach.
Complaint applications are also lodged to the Ombudsman Institution on “applications
related to national defense services and soldiers”. Under this title; there have been
applications for family allowance, travelling allowance, compensation claims due to
contract termination, compassionate appointment, holding a promotion exam, inter-
institutional transfer, title change, reinstatement, declaration of martyrdom, detection
of a martyr burial place, benefiting from military social facilities, postponement of
the military service, reinstatement of rank/degree progress, disciplinary investigation,
mobbing, extra service compensation, correction of HİTAP (Service Tracking Program)
records of military personnel. After the aforementioned applications were examined
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