Applying to the Ombudsman Institution

When an application to a public authority is refused, the first route that comes to mind is court proceedings. Alongside the courts, Turkey has a second review mechanism that costs nothing and works more quickly: the Ombudsman Institution (Kamu Denetçiliği Kurumu), which operates under the Grand National Assembly of Turkey.

What the Institution examines

The Institution's task is to examine, on a complaint concerning the working of the administration, every kind of act, action, attitude and conduct of public authorities, and to make recommendations. Its yardstick is not limited to lawfulness; fairness is also taken into account. That is the most important point of difference from the courts: a practice that is legally defensible but leaves an unjust result can still be criticised by the Institution.

Some areas are excluded. Acts relating to the exercise of legislative power, decisions relating to the exercise of judicial power, and the purely military activities of the Turkish Armed Forces fall outside its remit. Nor can the Institution be approached in order to change the outcome of a case that is already before a court.

Administrative remedies come first

Before applying to the Institution, the applicant must have exhausted the remedies provided by administrative procedure legislation and any compulsory application routes set out in special statutes. In practice this means making a written application to the authority that took the decision, or to the authority above it.

If the administration does not reply within thirty days, the request is deemed refused; a negative reply produces the same result. An application made without exhausting the administrative route is not rejected but forwarded to the relevant authority. Where there is a risk of harm that would be difficult or impossible to make good, the Institution may accept the complaint even though the administrative remedies have not been exhausted.

Time limits and the effect on the right to sue

Once the administrative remedies have been exhausted, legislation allows six months for an application to the Institution.

The point that matters most is this: where the application is made within the period for bringing an action before the administrative courts, that period stops running. It resumes where it left off when the Institution notifies the result of its examination, or when the period laid down in the statute passes without a result being notified. Because of this rule, going to the Institution does not mean losing the right to bring a case, though the moment the period stops and starts again has to be followed closely.

How to apply

• The application may be made in writing or electronically; the Institution's own application system is used for this.
• A petition delivered to the Institution directly, or to a provincial or district governor's office, is also accepted.
• The application should set out identity and contact details, the authority complained of, what the act was, and precisely what is being asked for.
• The application made to the authority, the authority's reply, and any notification documents are attached. The document showing when the period began is the most critical part of the file.
• Natural and legal persons whose interests are affected may apply, and representation by an advocate is not required.

The Institution must conclude its examination within the period laid down by statute. During the process it may request information and documents from the authority concerned, and the authority is obliged to respond.

The nature of the decision

The Institution issues a recommendation. That recommendation does not bind the administration, which cannot be compelled to implement it. Where a recommendation is not followed, however, the authority is expected to give its reasons to the Institution, and the Institution's reports are made public.

The lack of binding force does not make this route pointless. A recommendation is an independent assessment that can be put before the court in any later proceedings, and there is no shortage of examples of authorities that have complied. The way to court remains open in any event.

This article is for general information only and does not constitute legal advice on any specific matter.