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Manual On Good Administration Principles

As a result of the examination conducted by the Ombudsman Institution,
it was found out that as per Article 26 titled “Information and Documents
requested by the Board” of the By-law on Working Principles and
Procedures of the Right to Information Assessment Board, the Institution
did not exercise its authority to request the relative document from
Metropolitan Municipality of İzmir though he could have. It was concluded
that the Institution violated the right to information since the applicant’s
request was rejected on the grounds that no documents were attached to
the applicant’s petition although identifying the proceeding subject in the
petition of objection and obtaining the document by way of requesting
from the relative administration fell within the scope of the authority of
the administration.

Case 4: Recommendation dated 09/08/2019 and numbered 2019/2185
of the Ombudsman Institution included the applicant’s request for a copy
of the examination report, which was prepared by the Inspection Board
of the Social Security Institution of Turkey on an occupational accident
the applicant’s spouse had in the workplace and was not provided to the
applicant upon request.
As a result of the examination conducted by the Ombudsman Institution
it was found out that the information requested by the applicant was not
information excluded from the Law relevant to administrative inquiry or
judicial information and prosecution; the document requested under
the right to information was the occupational accident examination
report prepared by the Social Security Institution of Turkey and which
comprised only the list of 112 emergency service operations, workplace
registry verification record, witness statements dated 19/10/2018 and
examination result. Accordingly, it was concluded that the certified copyof
the examination report must be submitted to the applicant; however,
credentials of the complainant or witnesses, and the information and
documents that may cause the disclosure of the information of the former,
and information and documents pertaining to other person or persons
that were subject to the investigation must be removed or covered before
submittal to the applicant and that the administration violated the right to
information.

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