NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY investigating applications claiming discrimination, to improve the structure and the public perception as well. Therefore, it would be appropriate to make arrangements in these institutions in relation to quota or priorities. On the other hand, there is no indication of an effective cooperation with the civil society in the election process. In terms of the transparency of the application and election process of the ombudsmen, the KDK process is more transparent than the process of TİHEK.6 There is also in harmony with the Venice Principles, because an ombudsman cannot be a member of a political party when in office, and the reasons of resignation are clearly regulated by the law. However, the requirement that the purview of the Institution should cover all public administrations at all levels (paragraph 13), is not complied with, because the institution cannot review acts, which are purely of military nature. Article 23 of the Venice Principles provides that the ombudsmen or decision-making staff should be immune from legal process in respect of activities and words, spoken or written, carried out in their official capacity for the Institution and such functional immunity should apply also after the Ombudsman, or the decision-making staff-member who leave the Institution. The Law does not provide such an immunity, however, Article 31 provides that in the event it is claimed that they have committed an offense because of their duties, a criminal investigation and prosecution against them can be launched only if permitted by the Speaker of the TGNA, and also reference has been made to provisions of the Law on Adjudication of Public Officers and Other Public Servants. B. POWERS AND OPERATION OF THE INSTITUTE AND THE NATURE OF THE INSTITUTION'S DECISIONS In the Law, the administration is defined as follows in relation to the purview of the Institution: “the public administrations under the central government, social security institutions, local administrations, affiliated administrations of local administrations, local administrative unions, organizations with the circulating capital, the funds established under laws, public organizations, public economic enterprises, associated public organizations, and their affiliates and subsidiaries, professional organizations with public institution status, and private legal entities providing public services; The Institution is authorized to make examination and investigation into any administrative act, action, attitude and behavior excluding the acts concerning the execution of the legislative power; the acts concerning the execution of the judicial power; and the acts of the Turkish Armed Forces, which are purely of military nature. Ombudsperson (ombudsman) institutions have been established in many countries and the decisions of the Ombudsperson/Institution constitute recommendations. Although various criticisms have been raised in this regard as a control mechanism, the fact that these institutions constitute a control mechanism on behalf of the public essentially 6 In the first election, 25 candidates applied for the Chief Ombudsman position, whereas 783 candidates applied for ombudsman positions. https://www.aa.com.tr/tr/politika/ombudsmanlik-icin-25-basvuru/313806 , In the second election, 106 candidates applied for ombudsman positions, whereas the number of applications made for the Chief Ombudsman position was not reported in the news. https://www.haberler.com/kamu-denetciligi-secimi-10375583-haberi/ 60

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