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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE



               In order to lodge an application to the Ombudsman Institution, the applicant must have
               exhausted the administrative remedies stipulated in the Procedure of Administrative
               Justice Act No. 2577 and the mandatory administrative remedies in the special laws.
               For the applications lodged without exhausting the administrative remedies, “decision
               of referral” is issued and the application is sent to the relevant administration.
               Pursuant to Article 34 of the Regulation on Procedures and Principles Concerning the
               Implementation of Law on the Ombudsman Institution, in cases where the complainant
               withdraws  his application, in case of demise of the complainant if the complainant
               is a natural person, or in case of termination of the legal entity if the applicant is a
               legal entity, and in case a lawsuit is filed against the subject of the complaint while
               the examination and investigation is ongoing, the Ombudsman Institution issues a
               “decision as to no ground exists for issuing a decision”.
               If,  as  a  result  of  the  examination  and  research,  it  is  concluded  that  the  subject  of
               complaint is valid, a “recommendation decision”, if it is concluded that the claim
               subject to the complaint is not valid “refusal decision”, if it is concluded that some
               of the claims subject to the complaint are valid and some of them are not, “partial
               recommendation partial refusal decision” is issued.
               The purpose of establishment and the reason for existence of the Ombudsman
               Institution is to seek and find an amicable settlement. In this context, if the complaint
               is  resolved  through  amicable  settlement  as  a  result  of  the  initiatives  made  by  the
               Ombudsman Institution, an “Amicable Settlement Decision” is issued.
               In this context, regarding 18,094 applications finalized by the Ombudsman Institution
               as of 31 December 2022, the percentage distribution of decision types is as follows:



                    o  Referral                                          : 38.43%
                    o  Inadmissibility                                   : 34.23%

                    o  Amicable Settlement                               : 8.13%
                    o  Invalid Application                               : 0.42%

                    o  Decision as to no ground exists for issuing a decision   : 2.60%
                    o  Recommendation                                    : 6.29%

                    o  Refusal                                           : 5.83%
                    o  Partial Recommendation Partial Refusal            : 3.58%



               The number and percentage distribution of the decisions issued by the Ombudsman
               Institution in terms of types of decisions are presented below.




                                                                      2022 ANNUAL REPORT  59
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