NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY human rights violations of real persons and private legal persons. This regulation implies that there is a division of labor between the OI and TIHEK. On the other hand, TIHEK can review the claims of violation on non-discrimination against both the administration and real persons and private legal persons in an ex officio fashion or upon application while the OI can only review the claims of violation on non-discrimination against the administration in an ex officio fashion or upon application. Thus, both institutions can receive applications on the discriminatory practices of the administration and act in an ex officio fashion. Due to this characteristic, the OI is also considered an equality institution. It is observed that there is no regulation to fulfill the requirement of setting up regular and effective coordination in order to ensure that multiple equality institutions apply non-discrimination principles in a consistent way where there are more than one equality institution as specified in para. 1.3(1) of the Recommendation of the European Commission. Articles 9(1)(n) and 9(1)(o) stipulate that it is possible for the Institution to cooperate with public institutions and organizations dealing with the protection of human rights and fight against discrimination and support the activities of other institutions for the prevention of discrimination. Besides, the Board can express opinions relevant to its mandate to public institutions and organizations upon their request as per Article 11(1) (d) and form an advisory committee with public institutions and organizations so as to discuss problems on non-discrimination as well as solution suggestions and exchange information and views on these matters as per Article 22(1). However, it seems that the Board can only express opinions upon request as Article 11(1)(d) contains a phrase reading as "expressing opinions upon their request". Implementation reveals that TIHEK does not establish any regular and comprehensive cooperation with judicial or administrative public institutions responsible for the improvement and protection of human rights. In this regard, the equality units formed within some municipalities in recent years are also among the institutions with which TIHEK can establish cooperation. However, no cooperation has been established in this respect. Likewise, it is not known whether or not the parties to a lawsuit has requested from TIHEK constituted as the institution specialized in non-discrimination any opinion for the relevant lawsuit pending before judicial authorities and, if yes, what the outcome of this request is. Article 14(4) of TIHEK Law provides that the Institution can form temporary committees standing for a period of six months with public institutions and organizations to engage in activities on subjects falling under its mandate. However, no information has been obtained from open sources on whether nor not any temporary committee has been formed with the participation of public institutions and organizations and which criteria have been taken into consideration while identifying such institutions and organizations. Considering the activities of TIHEK, it is observed that only some consultation meetings were held as per Article 22(2) of TIHEK Law to discuss human rights problems and exchange information and views on the subjects of human rights.78 78 For instance, see: TIHEK, “TIHEK Organized the Third Provincial Consultation Meeting in Sakarya.”, February 26, 2020, https:// www.tihek.gov.tr/tihek-il-istisare-toplantilarinin-ucuncusunu-sakaryada-gerceklestirdi/; “TIHEK's Konya Provincial Consultation Meeting Was Organized.”, https://www.tihek.gov.tr/tihek-konya-il-istisare-toplantisi-gerceklestirildi/; “TIHEK's Istanbul Provincial Consultation Meeting Was Organized”, https://www.tihek.gov.tr/turkiye-insan-haklari-ve-esitlik-kurumu-istanbul-il-istisare-toplantisi-gerceklestirildi/ (accessed: July 31, 2020) 36

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