NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY C- TIHEK and Working Methods 1. Powers of TIHEK According to international standards, TIHEK can act freely on all issues falling under its mandate and freely conduct investigation. There is no regulation in place preventing TIHEK from taking into consideration lodged thereto in an ex officio fashion or conducting investigation on an issue falling under its mandate in an ex officio fashion. However, Article 17(4) of TIHEK Law that reads as "No application can be lodged regarding actions concerning the exercise of legislative and judicial powers, resolutions of the Supreme Council of Judges and Prosecutors as well as the actions that are exempted from judicial review by the Constitution." prevents the Institution from conducting investigation on some issues. This regulation will make it impossible to file a complaint on the ground of discrimination regarding any law enacted or resolution adopted by GNAT; resolutions of the Council of Judges and Prosecutors apart from those concerning dismissal; the promotion actions of the Supreme Military Council and its superannuation actions due to the lack of staff positions; resolutions of the Supreme Board of Elections and resolutions of sports federations on the management and discipline of sports activities. Article 20(3) of TIHEK Law stipulates that the Board and authorized Institution employees can hear witnesses or relevant persons concerning the issue of examination and investigation if they deem necessary while Article 19(4) requires that the information and documents requested by the Institution concerning the issue of examination and investigation be provided within 30 days and otherwise, an administrative fine will be imposed as per Article 25(3). Therefore, it can be said that it is possible for TIHEK hear any person and obtain any information or documents necessary for assessing situations falling within its competence. However, it is not possible to consider effective the administrative fine imposed in case of the failure provide information and documents (Lower limit of the administrative fine was set as TRY 899 and upper limit as TRY 3,602 for 2020)77. Although such sanction is positive, there is no regulation for filing a criminal complaint about the persons and institution failing to provide the information and documents requested. Although the law prescribes that the Board will file a criminal complaint about the culpable human rights or non-discrimination violations detected thereby, such explicit provision is not stipulated for hiding information and documents. It is not possible to consider prescribed sanctions as effective, either. In this regard, it is necessary to issue regulations that would make it possible to impose a sanction within criminal law. It is not known whether or not TIHEK has encountered any difficulty while requesting any information and document from public institutions and organizations as well as other real and legal persons, requesting to examine them and take copies of them or wishing to receive written and oral information from relevant authorities within the examinations conducted by TIHEK up to now and, if and when it encounters such difficulty, whether or not TIHEK has recoursed to any legal remedy and imposed any administrative fine. Article 9(1)(l) of TIHEK Law entrusts the Institution with the duty of "informing the public". It is possible to interpret the relevant provision as to the effect that TIHEK is granted the authority to address the public directly or through press organs so as to express its opinions and recommendations. Besides, Article 12(11) of TIHEK Law stipu77 See, TIHEK, Administrative Fines for 2020, https://www.tihek.gov.tr/2020-yili-idari-para-cezalari/ (accessed: July 31, 2020). 34