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Manual On Good Administration Principles

Case Studies

Case 1: It is stated in the decision of the 8 Chamber of the Council of State
th
dated 18.04.2016 and No. E.2014/4582, K. 2016/3856 that the case where
the plaintiffs did not give additional time and a separate question booklet
to dyslectic students constitutes a violation of the principle of equality,
the social state principle, which obliges all measures to be taken for the
educational rights of the disabled, and the equal opportunity principle.
When the arrangements included in the mentioned Manual and the practices
of the administrations were examined in this regard, it was understood that
detailed arrangements were made in the Manual in order to prevent the
difficulties that students with disabilities, who take the transition to higher
education examination, may experience in their access to the exam by
treating them as a disadvantaged group. It was comprehended that when
disabled individuals submitted information or a document that proved
their situation within the principles of the prohibition of discrimination and
equal opportunity, with which the administration must be in compliance,
various foreseen measures in accordance with the type and level of
disability were implemented and that dyslexic students took the exam
in a room individually and an exam method that was exclusive for them,
in which they were provided with the help of a reader and marker, was
implemented.

Therefore, as it is understood that the duty imposed on the administrations
by the legislation to prevent discrimination in disabled people’s access to
education and to take the necessary positive measures has been fulfilled
by the defendant administrations; accordingly, the individual proceeding,
which is the matter in dispute, and the Manual are not considered unlawful.

Case 2: In the Decision of the Ombudsman Institution dated 24/08/2017
no. 2017/1626, it was stated that the terms of transfer to open penitentiary
institutions were different for foreign convicts and Turkish convicts and
because of the expression of “...foreign nationals convicted of criminal
offences” in the second paragraph of Article 6 titled “Convicts to be
transferred to the open institution from the closed Institution” of the By
law on the Transfer To Open Penitentiary Institution, it was determined that
foreign convicts could be transferred to an open prison 3 years prior to the
date of their conditional release at the earliest and that Turkish convicts
could be transferred to an open prison 5 years prior to the date of their

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