Page 184 - kdk-sempozyum-3

Yet, Ombudsman is not an alternative to the administrative justice but
rather a complementary one. Unlike administrative justice, Ombudsman
does not elaborate the disputes in a narrow sense but reviews a complaint
on the basis of the human rights, fairness, law and equality. One of the
mandates of the Ombudsman is to check compliance of the public bodies
with law.

Enabling two different organizations to pursue an investigation and a
review with different methods and results about the same topic does not
mean that they can duplicate or interfere into each other. While a case
is at court, a positive result may have been concluded at the end of the
Ombudsman investigation and review and the dispute in question may
already be over. In this case, the case must be dismissed. A decision by the
Ombudsman review different than the court judgement does not mean
an interference into justice. Likewise, the ultimate binding party will be
the judiciary. In addition, if there is injustice that cannot be eliminated
through judiciary or the judiciary dismisses the case thinking that the
public organization is right, then Ombudsman investigation and review
can be useful. Ombudsman can convince the administration about
the compensation of any unfairness. Since a solution devised by the
Ombudsman will be in compliance with law, it would not be in conflict with
the judgement of a court by nature.
To conclude, a victim may apply simultaneously to a court and ombudsman
or they should have the liberty do so at Ombudsman, following a court
judgement.
A question has come. One moment.

CHAIR: Let I read quickly. If a public organization does not abide by
the recommendation of the Ombudsman, we demand that recourse to
judiciary must be provided and an amendment must be made to the law
on ombudsman. Do you agree with me? If so, expecting your support.

I support this idea with great pleasure. As I have just indicated, I spent 18
years for enactment of this law on ombudsman and its better functioning.
I can reassure you that I will continue to do so.
If there is no more question, I am closing the first session that I am chairing.

Thank you.

rd
182 | 3 INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS