Page 178 - kdk-sempozyum-3
P. 178

PRESENTER- To save on time and to enable more questions, I appreciate if
               you could ask brief questions and answer shortly.
               Any questions?
               Please.


          AHMED TIGANI (Ombudsman of Sudan)
               I have three questions, one to the guy from Turkey and other question
               for  the  Greek  ombudsman  and  for  the  deputy  ombudsman  of
               Slovenia. The first question concerning discrimination against woman,
               I  understand  that  Turkey  has  ratified  that  agreement  which  we  call
               it  CEDAW.  Now  I  understand  that  the  law  applied  in  certain  areas
               in Turkey drives out of Islamic basis. Now, we have the difficulty in
               Sudan to harmonies between the agreement and our religious beliefs
               concerning  inheritance,  succession  and  concerning  marriage  and
               divorce. This is a very delicate area to any country whereby they have
               Islamic  belief.  They  cannot  harmonies  between  the  agreement  and
               our religious beliefs.
               The  second  question  for  the  Greek  ombudsman,  although  she
               is  a  woman,  in  fact  I  am  against  “ombudsman”,  “ombudsman”
               is  discriminated  in  itself  is  discriminated  because  there  are
               ombudswoman and there are ombudsman. But my question relates
               to the onus of proof. In certain cases as you said that the onus of proof
               is being shifted and this in self is a violation of human right conception
               which we call it fair trial. If you do that then you violate another concept
               relating to human rights and that is which we call fair trial. And by so
               doing this discrimination can be subject to judicial review. It would be
               challenge before the court on the basis that this discrimination goes to
               violate one of the human right principles which is the fair trial.

               The third question for the Slovenian, I am very glad that the Slovenian
               laws in a way are identical to ours concerning investigation and the other
               questions pertaining to discrimination. My question is that, the certain
               cases whereby you have the redress the agreed person, you have to
               compensate the agreed person. Somebody came to you to give him
               justice then you investigated the case and found out that this person
               should  be  redress,  compensated  in  a  way.  I  wanted  to  understand
               what you do in this cases and asking whether sometimes you have


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