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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