NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY Finally, the resolutions that may be rendered and the sanctions that may be imposed by equality institutions are discussed. As mentioned above, the following matters come to the fore in this sense: issuing legally binding decisions or recommendations that require action to put an end to discrimination, achieve full equality, and avert future discrimination and impose effective, proportionate and dissuasive sanctions including payment of compensation for both pecuniary and non-pecuniary damage, fines and the publication of the decision and the name of the perpetrator and making sure that the decisions are published, enforced and implemented. The legislation is expected to provide that the government and other public authorities must reply to or take action to implement the equality institution’s recommendations within a certain timescale. Article 18(1) of TIHEK Law prescribes a period of three months for the applications filed before TIHEK or the reviews initiated by the Institution in an ex officio fashion and it is possible for the Chairman of the Institution to extend this period by three months only for once. As per Article 18(2), a controversial procedure is introduced by the Institution at this stage and periods of 15 days are granted to the parties to submit their written statements. It is also possible for the parties to deliver oral statements before the Board upon request. Similarly, Article 20(3) provides that the Board is authorized to hear witnesses or relevant persons. The Board decides whether or not non-discrimination is violated at the end of the process. In the event that TIHEK establishes a violation of non-discrimination, the only sanction to be imposed by the Board is administrative fine. Article 25(1) of TIHEK Law authorized the Board to impose an administrative fine of TRY 1,000 to TRY 15,000 when it was enacted. Considering the yearly rates of rise for 2020, the lower limit of administrative fine was set at TRY 1,800 and the upper limit at TRY 27,037.100 While deciding on the administrative fine to be imposed, severity of the impact and consequences of the violation, the perpetrator's economic situation and the aggravating impact of multiple discrimination will be taken into consideration. Besides, the Board is authorized to convert the administrative fine into a caution only for once and increase the fine by 50% if the person or institution about which a caution is issued commits the discriminatory act again. Although the administrative fine can be increased in this way, it is not possible to impose a fine exceeding the aforementioned upper limit. Administrative fine can be imposed on both public institutions and professional organizations with the status of a public institution and real persons and private legal persons. Article 25(2) provides that the administrative fine will be recoursed to the persons causing the violation if it is imposed on public institutions and organizations and professional organizations with the status of a public institution. As administrative fines are transferred to the Treasury, pecuniary and non-pecuniary damages of the victims are not compensated and, as criticized by ECRI, the Institution is not authorized to issue a resolution in this sense.101 Apart from the administrative fines of TIHEK, Article 18(5) requires that the Board must file a criminal complaint when it detects criminal non-discrimination violations. If the said crime is a crime requiring public investigation and prosecution and the members of the Board are negligent of or are in delay in notifying to competent authorities 100 See, TIHEK, Administrative Fines for 2020. 101 ECRI Conclusions on the Implementation of the Recommendations in Respect of Turkey Subject to Interim Follow-up, April 3, 2019, CRI(2019)27, para 1, https://rm.coe.int/interim-follow-up-conclusions-on-turkey-5th-monitoring-cycle-/168094ce03 (accessed: July 31, 2020) 45