NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY Article 3(4) of TIHEK Law stipulates that public institutions and organizations84 and professional organizations with the status of a public institution as well as real persons and private legal persons are under responsibility for non-discrimination. For this reason, there is no problem concerning the review authority of the Institution. As mentioned above, Articles 19(2) and 19(4) provide that all public institutions and organizations as well as other real and legal persons must provide the information and documents requested by the Institution with regard to the subject of investigation and examination by specifying its justification within 30 days following the date of notification of this request. In addition, Article 17(9) stipulates that applications that cannot be taken into consideration, the resolutions of justified inadmissibility and other procedures and principles concerning application will be set out in the regulation. This means that TIHEK may add by the regulation other conditions to the requirements already stipulated in TIHEK Law. As a matter of fact, other conditions were added by TIHEK Regulation to those already specified in the Law.85 In these respects, it is observed that the procedure of application before TIHEK was made subject to some conditions difficult to fulfill and they must be simplified. The procedure of application before equality institutions must be free of charge. No fee is charged for applications as per Article 17(1) of TIHEK Law. In the event that a foreclosure is prescribed with regard to applications, this period must be kept as long as possible. TIHEK Law prescribes no foreclosure with regard to applications before the Institution. The condition of becoming a victim for filing an application must also cover not only existing victimization, but also potential victimization.86 There is no separate provision in TIHEK Law and the Regulation with regard to this issue. However, Article 17(1) of TIHEK Law provides that persons can apply to the Institution "with the claim that they are harmed by the violation of non-discrimination". A similar provision is also stipulated in Articles 4(1)(g), 30(1) and 32 of the Regulation. The expression "damage" specified in the legislation infers that it is not possible to file an application in case of victimization. It is quite important that the procedure of complaint also allows for the institution to be a party in legal remedies and for CSOs and trade unions to be a part of the procedure instead of or together with the victim upon the permission of the victim.87 It is observed that TIHEK Law does not contain any such provision. Article 17(9) of TIHEK Law stipulates that applications that cannot be taken into consideration, the resolutions of justified inadmissibility and other procedures and principles concerning application will be set out in the regulation. Also present in the Law on the Human Rights Institution of Turkey No. 633288, this limitation was eliminated by the Regulation No. 201489 84 Article 4(1)(n) of the Regulation stipulate that public institutions and organizations consist of public administrations affiliated to the central government as well as social security institutions, local administrations, incorporations constituted through special laws with direct or indirect public share in their capital, other public administrations, any and all administrations, institutions, enterprises, unions, establishments and companies which are affiliated to these administrations or are established by these administrations or in which they are direct or indirect partners. 85 Regulation on Procedures and Principles for the Implementation of the Law on the Human Rights and Equality Institution of Turkey, Official Gazette No. 30250 of November 24, 2017. 86 Kucsko-Stadlmayer, p. 19. 87 Kucsko-Stadlmayer, p. 20. 88 The Law on the Human Rights Institution of Turkey (No. 6332), the Official Gazette No. 28339 of June 30, 2012. 89 Regulation on Procedures and Principles for the Review of Applications on the Claims of Human Rights Violations, Official Gazette No. 29003 of May 17, 2014. 42