NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY There are also a number of disadvantages of the quasi-jurisdictional functions of equality institutions. Resolutions of equality institutions create questions in terms of legal-bindingness. For this reason, the complementarity function can be achieved by the effective use of alternative means of dispute resolution such as mediation. Another disadvantage is the liability of acting in an impartial way imposed on the institution liable to offer assistance to victims when it turns into a decision-making body regarding a dispute brought therebefore. In this case, different departments can be established within the institution, these departments can assume different functions or when the equality institution becomes a body evaluating the applications of complaint in this way, a separate institution must be made responsible for offering legal assistance to victims regarding both legal remedies and the equality institution's procedures for the review of complaints. There is also a risk for the emergence of case-law differences when more than one institution with the quality of an equality institution are formed. Supreme judicial bodies can eliminate case-law differences for judicial bodies in this case while there is no such mechanism for equality institutions. In fact, this also supports the idea of creating a single equality institution instead of multiple institutions. International standards require that the legislation stipulates that the resolutions of an equality institution are subject to judicial review, victims are granted the right to apply firstly to the equality institution or directly to judicial bodies and the foreclosure prescribed for application to legal remedies stays if an application is lodged before the equality institution. As the resolutions of TIHEK are administrative resolutions, these resolutions can be appealed before administrative jurisdiction as per Article 125 of the Constitution. Article 22(3) of TIHEK Regulation specifies the legal remedies to be recoursed to by the relevant persons against such resolutions as well as their due periods. As a matter of fact, the administrative court issued an annulment judgment in the action for annulment filed by Pembe Hayat (Pink Life) LGBTT Solidarity Association against a resolution of the Institution.82 Article 17(3) of TIHEK Law provides that the applications to be filed by the victims of discrimination before the Institution stay the due period for filing a case, fulfilling this requirement. However, Articles 76(1) and 76(3) of TIHEK Regulation stipulates that if the Institution issues a resolution of non-evaluation, reasoned inadmissibility, dismissal, compromise or non-resolution about an application or the Institution fails to finalize its review and investigation within three months following the date of application, this circumstance is notified to the application together with its reason and the suspended due period for filing a case will resume to count from the date of notification of the resolution to the relevant party. Besides, if the application is found to be appropriate and admitted by the Institution and a resolution of violation is issued thereon, the suspended due period for filing a case will resume to count also in the event that the person or institution against which the application is lodged fails to take any action or act within 30 days following the resolution of TIHEK. The aforementioned provisions regulating when the due period for filing a case will start, when it will stay, when it will resume to count and when it will come to an end are too difficult to understand for applicants who are not lawyers and it is of great importance to provide detailed information to applicants on this matter and offer legal assistance so as to prevent any potential forfeiture. 82 See, Pembe Hayat (Pink Life) LGBTT Solidarity Association, “Pembe Hayat Association won the lawsuit against TIHEK.”, http:// www.pembehayat.org/haberler/detay/2284/pembe-hayat-dernegi-tihekrsquoe-actigi-davayi-kazandi#:~:text=Cinnah%20Hotel'e%20al%C4%B1nmayan%20trans,gerek%C3%A7esiyle%20oy%20birli%C4%9Fi%20ile%20kazan%C4%B1ld%C4%B1. (accessed: July 31, 2020) 40