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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

meticulously with an amicable settlement perspective, the conflict between the
administration and the citizens was resolved.

We also receive applications regarding the activities of “law enforcement agencies”. As it
is known, law enforcement agencies, engages in various activities while performing the
duty of maintaining public order and is equipped with various powers to accomplish
this. Sometimes, practices that interfere with fundamental rights and freedoms can
be encountered in the use of these powers. In this framework, in 2022, within the
scope of the activities of the law enforcement agencies, the Ombudsman Institution
received applications on issues such as traffic fines, traffic safety, procedures for issuing,
renewing and cancelling private security guard identity cards, procedures for gun license,
procedures for driver’s license, honorary traffic inspectorate, the activities of the law
enforcement in ensuring the general security. In particular, regarding the examination
of the applications with request for a gun license or issuance of private security guard
identity cards, we evaluated whether the discretionary power was used appropriately or
not, and we issued Recommendations to the administrations.
In the “health” field, we receive applications on various issues such as claims of violation
of patient rights caused by the attitude and behavior of healthcare personnel, cases of
medical malpractice, problems in accessing treatment and medicine, supply of medicines
from abroad and the addition of medicines to the reimbursement list, appointment
system for medical examination, claims that private health institutions and organizations
overcharge, correction/alteration of medical reports. Of course, “health is everything”,
and when it comes to health, one should not pass without reminding Suleiman the
Magnificent’s words, also known as the words he said in his sickbed: “The people think
of wealth and power as the greatest fate, but in this world, a spell of health is the best
state”. In the decisions regarding the applications in this field, it was emphasized that the
right to health and access to health care is one of the most fundamental human rights
protected by national and international texts, and in this regard, important duties are
assigned to the State.

On the other hand, the Ombudsman Institution also receives applications regarding
the “right to property”. This year, as in previous years, complaint applications on
payment of expropriation fee and non-expropriation confiscation issues were lodged
to the Ombudsman Institution. As it is known, the right to property is among the
fundamental rights and freedoms that are guaranteed by both national and international
human rights treaties. In this context, Article 35 of our Constitution guarantees the
right to property, emphasizing that everyone has right to property and inheritance, that
these rights can only be limited by law for the public interest, and that the exercise of the
right to property cannot be contrary to the public interest. Therefore, as a result of our
investigations regarding the applications received for these issues, it has been ensured
both by our amicable settlements and our recommendations that the administrations
are a part of the solution.

In the field of “forestry, water, environment and urbanization” on the other hand,
we receive applications extensively on issues such as TOKİ (Housing Development
Administration), building registration certificate, disaster shelters, pasture invasion

34 2022 ANNUAL REPORT