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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

6. THE PREVENTIVE FUNCTION OF THE OMBUDSMAN
INSTITUTION AND THE ADDED VALUE TO TÜRKİYE

6.1 AMICABLE SETTLEMENTS WITH EASY, FAST ACCESS TO JUSTICE

Today, in order to eliminate the deficiencies of traditional control mechanisms and to
protect the rights of individuals in a more functional way under the supervision of the
administration, institutions that will provide cost-effective, simple, direct, practical and
fast functioning service have begun to be established. In this context, the Ombudsman,
who acts as a mediator between the administration and the citizen, also undertakes a
complementary role to the deficiencies of other supervision procedures.

The average time to finalize applications was 54.11 days in 2022. As for the amicable
settlements, the average time was 75.18 days. In addition, 22.97% of the applications,
which were resolved through amicable settlement, were finalized within 30 days or less.

6.2 THE ADDED VALUE PROVIDED BY THE RECOMMENDATIONS OF
THE OMBUDSMAN INSTITUTION

According to the third paragraph of article 20 of the Ombudsman Institution Law
and the article 32 of the Regulation on the Procedures and Principles Regarding the
Implementation of the Ombudsman Institution Law, if, as a result of the examination
and investigation, it is concluded that the claim subject to the complaint is valid,
Ombudsman Institution issues a "recommendation decision" which includes one or
more of the following actions:

➢ Acknowledgment of wrongdoing,
➢ Compensation for damage,
➢ Taking action
➢ Making changes in regulations,
➢ Undoing, removing, changing or correcting the action or amending the practice,
➢ Reaching a settlement,
➢ Taking precautions
6.3 SPECIAL REPORTS AND SPECIAL WORK

Another basic function of the Ombudsman Institution, apart from handling the
complaint applications, is to prepare a special report, taking into account the complaint
applications submitted to the Institution in accordance with subparagraph (ç) of
the first paragraph of the article 7 titled “Duties of the Chief Ombudsman and the
Ombudsmen” of the aforementioned Law No. 6328 which says “Preparing a special
report on matters deemed necessary without waiting for the annual report.”

84 2022 ANNUAL REPORT