NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY development of the Institution in terms of its decision-making and setting precedents. It is also important that applying to the Institution is easier than applying to judicial review, and it is free of charge. Being able to apply online and free of charge is important, as it can be an alternative solution before engaging in litigation. In this context, the fact that filing an application with the Institution suspends the period for bringing an action is an important guarantee for making applications to the Institution. On the other hand, according Article 17/4 of the Law, in order to be able to apply to the Institution, it is necessary to exhaust the administrative application remedies stipulated in the Code of Administrative Procedure as well as the mandatory administrative application remedies included in the special laws. However, in cases where there are potential irrecoverable or irreparable damages, applications may be accepted even if the administrative remedies have not been exhausted. At this point, the issue that should be considered is that the application process may become much longer/difficult, because not only compulsory administrative appeal remedies, but the remedy in Article 11 of the Code of Administrative Procedure, which is an optional remedy, has to be exhausted. To explain with an example; when an administrative act is taken against an individual, he/she first has to make an application with the request for withdrawal/removal or amendment of the act according to Article 11 of Code of Administrative Procedure, and he/she may apply to KDK if such application is not rejected either expressly or implicitly by failing to respond within 60 day. The Institution is about to complete its seventh year, and according to 2019 statistics, it was decided to send 41.43% of the applications to the administration, and this shows that these remedies make it difficult to file an application with the Institution. Law No 6323 does not restrict who can apply to the Institution. According to Article 17 of the Law, “Natural and legal persons can apply to the Institution. The application shall be kept confidential upon the request of the applicant. " On the other hand, Article 7 of the Implementing Regulation provides as follows: “natural and legal persons whose interests are violated can file a complaint with the Institution. However, in case the complaint is about human rights, fundamental rights and freedoms, women's rights, children's rights and general issues concerning the public, no violation of interests is sought”. First of all, since such a rule, which is not included in the law, means restricting the freedom to seek rights, it must be brought by law as per Article 13 of the Constitution and it is not possible to do so with a regulation. Moreover, it is not meaningful to restrict applications to an Institution, which is supposed to have the power to make sua sponte reviews. Another remarkable aspect of applications is that children can directly make applications to the Institution. Especially in terms of violation of rights arising from the parent/guardian or when the parent/guardian is reluctant file an application against the administration (in particular against the school administration or teacher), this method is important for children's rights. Although the number of applications made by children is not much yet, presence of specialists such as social workers and psychologists who can interview children in the Child unit may support the relevant institutions. According to Article 18 of the Law, it is obligatory to submit the information and documents requested by the KDK regarding the subject of investigation within thirty days from the date of notification of this request. Upon request of the Chief Ombudsman or ombudsman, the relevant authority shall launch an investigation about those who refuse to submit the documents or information requested within this period without any justifiable reason. The statement “shall launch an investigation” in the article is an indication that an investigation must be launched. The information or documents 62

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