NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
from this, there is no resolution on the legally-prescribed exemptions of discrimination
and therefore, there is yet to be a case for the implementation of Article 7 by TIHEK.
When TIHEK issues a resolution on the violation of discrimination, it may impose
an administrative fine of TRY 1,800 to TRY 27,037 for 2020 as per Article 25(1) of TIHEK
Law and convert it into a warning only for once as per Article 25(4). It is observed
that among the eight applications or ex officio reviews concluded to be a violation of
discrimination, an administrative fine of TRY 1,000 to TRY 5,000 was imposed for six
resolutions123 while these fines were converted to warnings in two resolutions.124 It is
not possible to say that the fines imposed were proportionate, effective and deterrent
compared to the cases at hand. Addresses of the resolutions are two public officials
and a public institution in two of the resolutions for which administrative fine was
imposed.125 It is not known whether or not the public institution on which an administrative fine was imposed recoursed this fine to the relevant public official/officials and
whether or not the Institution has taken a step towards the recourse of these fines.
Finally, it is observed that five out of the 12 resolutions published by TIHEK were
issued against public institutions and organizations or public officials and seven were
issued against real persons and private legal persons. Considering that the applications
lodged against public institutions and organizations and public officials also fall under
the mandate of the Ombudsman Institution, it is not surprising that the number of
these applications is low. However, it can be said that the overall low number of applications points to the fact that the Institution is still not known by the public and may
be perceived as an ineffective institution.
123 TIHEK, Resolution No. 2018/69, June 27, 2018; Resolution No. 2018/97, October 15, 2018; Resolution No. 2019/15, March 5, 2019; Resolution No. 2019/54, September 10, 2019; Resolution No. 2019/64, November 19, 2019; Resolution No. 2020/26, February 11, 2020.
124 TIHEK, Resolution No. 2019/29, May 7, 2019; Resolution No. 2020/143, June 18, 2020.
125 TIHEK, Resolution No. 2020/143, June 18, 2020.
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