NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY 1. TIHEK and the Authority to Review Applications One of the prominent functions for equality institutions is to receive complaint applications as a quasi-jurisdictional institution. Through complaint applications, the institution can implement the legislation on non-discrimination and contribute to the development of regulations in this area.83 There are a number of issues that should be considered when equality institutions review complaint applications. First of all, the procedure to be prescribed for complaint applications is very important. Prescribing limited conditions as much as possible regarding the procedure of application is of great importance for the institution to fulfill its duty regarding discriminatory treatment and be accessible. Article 9(1)(g) of TIHEK Law lists "examining, investigating and deciding on the violations of non-discrimination on an ex officio fashion or upon application and following the consequences thereof" among the duties of the Institution. Article 11(1)(b) assigns TIHEK Board to decide on the applications lodged concerning the violations of non-discrimination and the examinations conducted on the violations of human rights or non-discrimination in an ex officio fashion and decide on the administrative sanctions prescribed in this Law with regard to the violations of non-discrimination. The procedure of application is primarily regulated in Article 17 of TIHEK Law. According to Article 17(2), as a general rule, there is a requirement to apply to the person or institution responsible for discriminatory treatment prior to any application before the Institution. However, this requirement may not apply "in cases where irreparable or unrepairable damage may occur". The Institution will decide whether or not an application is covered by this exemption. On the other hand, Article 17(5) stipulates that applications regarding the claims of discrimination falling under Article 5 of the Labor Law No. 4857 can only be lodged in cases where no sanction is imposed following the execution of the complaint procedures stipulated in the Labor Law and the relevant legislation. Both provisions are open to interpretation even for lawyers and too hard to interpret for the victims of discrimination and are quite problematic in terms of predictability, one of the qualities to be fulfilled by a legal provision. For example, it is uncertain whether a lawsuit claiming damages for discrimination will be required as per Article 5 of the Labor Law or an administrative fine will be requested due to contrariety to this article before filing an application to TIHEK. It is not possible for a victim of discrimination to decide without seeking the help of a lawyer and recourse to the legal remedies in question about whether this case is subject to the Labor Law and the person in question can file an action for damages under Article 5. There is no information published by the Institution to guide applicants in this respect. Besides, it is possible to file a complaint application against both public authorities and real persons and private legal persons. In other words, the institution is authorized to review all persons or institutions responsible for discriminatory treatment. Moreover, a liability must be introduced for both public authorities and real persons and private institutions to submit the information requested by the equality institution concerning complaint applications. 83 Jacobsen; Reading, p. 23. 41