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Manual On Good Administration Principles
conditional release. This difference of time, which was introduced through
the By Law, was explained by the Administration with the justification
that “...in the last three years, 295 foreign convicts escaped from the
Open Penitentiary Institutions of Burdur and Erzurum, where the foreign
convicts did their time, and only 19 of these escapees were captured
and since others were not captured and there was not a mechanism that
prevented the convicts from escaping in open penitentiary institutions
and considering the foreign convicts that escaped and the few number
of captured escapees,” and even though this justification was considered
legitimate by the Ombudsman Institution, the Ministry of Justice was
recommended to remove the relevant expression in the regulation as there
was a disproportion between the purpose and means of the administration
and this difference of 2 years violated the principle of equality.
Case 3: In the Decision of the Ombudsman Institution dated 24.08.2017
and reference no. 2017/1626, an evaluation was made on the provision
of İstanbul University’s Directive on Diploma regarding the electronic
production of diplomas rather than having the diplomas issued originally
signed by the Faculty of Open and Distance Education of İstanbul
University. As a result of the examination and investigation conducted
by the Ombudsman Institution, the system of İstanbul University, where
the other faculties did not have the method of electronic diplomas and
students in those faculties were still getting a diploma with wet signature
and only the students of the Faculty of Open and Distance Education were
subject to the electronic diploma, was criticised, it was recommended to
ensure equal treatment in terms of issuing diplomas for both groups as
the open education students and formal education students were equal in
terms of student status.
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