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/
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