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1.This Law shall be cited
as the Ombudsman Law.
PART ONE
Introductory Provisions
2. In this Law, unless the
context otherwise requires;
“Prime
Minister” means the Prime Minister of the Turkish Republic of Northern Cyprus.
“President”
means the President of the Turkish Republic of Northern Cyprus.
“Office”
means the Office of the Ombudsman established under article 18 of this Law.
“Service”
means any action, administrative act and omission of any organ, office, organization,
public instutition and association or any person that have executiv and
administrative authority in the Turkish Republic of Northern Cyprus. This
does not cover the matters and administrative acts outside the jurisdiction of
the Ombudsman as stated in the Constitution and in this Law.
“Public
Institutions and Associations” means Public Economic Enterprises, professional
organizations qualified as a public institution, institutions with a
revolving fund, Vakf Organization and the Office of the Religious Affairs, co-operatives,
local administrations, the companies and the establishments the state is a
shareholder for any amount or any committee, commission, council or offices
established under any law.
“President
of the Assembly” means the President of the Assembly of the Turkish Republic of Northern Cyprus.
“Ombudsman”
means the Ombudsman appointed in accordance with article 4 of this Law.
“Administration”
means the person, persons or the unit that administer and direct the
execution of the duties within the capacity and responsibility of any organ, office,
organization, public institution and association that have executive and
administrative authority in the Turkish Republic of Northern Cyprus.
3. The purpose of this Law, is to provide the
establishment of the Ombudsman institution, that shall ensure the inspection,
investigation and submission of a report to the authorities whether or not a
service or act by the administration executed in accordance with the laws in
force and court decisions or of any service or act executed by any
administrative unit or official.
PART TWO
The Appointment, Qualifications,
Term of Office and the Termination of Office of Ombudsman
4.
(1) (A) The Ombudsman shall be
appointed by the President of the Turkish Republic of Northern Cyprus upon the
approval of the Assembly of the Republic.
(B) After the appointment of a person by
the President as Ombudsman, the matter shall be submitted to the Presidency
of the Assembly of the Republic for the approval by the Assembly of the Republic.
(C) The Presidency of the Assembly
of the Republic shall deliver the issue to the Committee of Law and Political
Affairs for evaluation. The Committee of Law and Political Affairs shall make
a decision and submit a Report to the General Assembly whether the person
appointed as the Ombudsman has the qualifications put forward in article 5 of
this Law.
(Ç) After the deliberations in the
General Assembly, the appointment shall be submitted for approval by the
General Assembly and a 2/3 qualified majority shall be required. provided
that a qualified majority has not been reached a second tour of voting shall
be carried out and this time an absolute majority shall be sufficient.
(2) In accordance with the
above paragraph 1, the person appointed as the Ombudsman, shall take the
following oath in the presence of the President of the Republic before
assuming his office;
“OATH OF DEVOTION”
I
do swear upon my honour that as the Ombudsman, I shall remain loyal to the
Turkish Cypriot People and the Turkish Republic of Northern Cyprus, protect
the Constitution, the Laws and other legislation of the Turkish Republic of
Northern Cyprus, perform my duties with honesty, impartiality and with the
sense of justice only in conformity with the decree of my conscience.
5.
The qualifications required for
the person to be appointed as the Ombudsman are as follows;
(1)
Shall have the prescribed qualifications
in article 9 of the Elections and Referandum Law for being a candidate of a
Member of Parliament.
(2)
Shall be a university graduate on
Law, Political Sciences, Economics, Management, Public Administiration and of
subjects related to these
(3)
(A) Shall have worked in a
responsible position at least for 10 years in or out the public service; or
(B)
Shall have done a post-graduate Phd. study and worked in or out of the
public service at least for five years in a responsible position.
6.
(1) The Ombudsman shall be
appointed for a term of 6 years. At the end of the six years, a person can
not be appointed as Ombudsman for a second term.
(2)
A person appointed as the Ombudsman can hold office till the end of age 65.
(3)
If a person appointed as the Ombudsman was working in the public service
prior to his/her appointment, then after the termination of his/her office as
the Ombudsman, the term of his/her services both in the public service and as
the Ombudsman shall be enumarated as a whole and in accordance with the Law
of Retirement “if he/she fullfils the minimum service years condition, as
to his/her preference either choose to retire at the integrated services or
shall be re-employed to his/her previous position or to a position equal and
acceptable to that position.
(4)
If a person after his/her retirement from the public service or a person not
from the public service being appointed as the Ombudsman, the appointee, at
the termination of office, shall recieve an allotment of bonus for his/her
services in accordance with the rules of the Law of Retirement.
7.
(1) During his/her term of office
the Ombudsman can submit his/her written resignation to the Assembly of the
Republic.
(2)
Dismissal of the Ombudsman from the office and the disciplinary actions
against him shall be in conformity with the Court of Justice Law and shall be
done by the Supreme Court with the same reasons and modalities applicable for
a Supreme Court Judge and the Supreme Court shall execute this duty on the
basis of principles prescribed in the following subparagraphs:
(A)
If evidenced by the Report of the Health Commision that the Ombudsman is
incapable to perform his/her duties, the Supreme Court shall order his/her
retirement. The Ombudsman retired in this way shall recieve the rights and
benefits pursuant to the Law of Retirement.
(B)
The Supreme Court shall have the power of issuing disciplinary fines on
Ombudsman.
(a)
The Supreme Court, due to
behaviors of the Ombudsman which are inconsistent with his responsibilities
and duties and the dignity and honour of an Ombudsman, based on the degree of
his behaviors constituting a disciplinary fine, shall practice either a “notice”
or a “call for withdrawal from the office” procedure.
(b)
The Supreme Court, by
considering the existing evidence and information and the attitude and
behaviors being attributed shall examine the denunciations and complaints
directly made or brought to the Court and decide whether or not to proceed to
open a disciplinary investigation.
However
denunciations and complaints made without a signature or address or made
under a false name shall not be taken into consideration by the Supreme Court
and denunciations and complaints without any established fact or proof shall
not be put into action.
(c)
If the Supreme Court decides for
a disciplinary proceeding then shall inform the Ombudsman about the
allegations againts him/her and hear his/her legal arguments, hear the
persons it considers necessary under oath or assurance or affirmation, gather
all relevant information, determine the evidences. All the departments, organisations
and institutions and natural and legal persons, without prejudice to fair
exceptions, shall be obliged to respond to the questions asked and to fulfil
the other demands.
(ç)
If the Supreme Court does not consider the attitudes and behaviors as
established, it shall order the termination of the case.
On
the other hand if the Supreme Court consider the attitudes and behaviors as
established, then it shall take action in relation with their nature and
severity in accordance with this article.
(d)
Within one month from the receipt of the written notice of the Court’s call
for withdrawal from the office, the person is obliged to do so. If he/she
does not demand his/her retirement or withdrawal, he shall be considered
withdrawn.
(e)
The acts of the Supreme Court pursuant to this article is judicial and the
Ombudsman shall have the right for a hearing and to present his/her case of
defence.
8.
(1) In the case of death, retirement,
resignation or dismissal of the Ombudsman the office shall be vacant.
(2)
If the office becoming vacant pursuant to subparagraph (1) a new person shall
be appointed as the Ombudsman pursuant to articles 5 and 7.
(3)
The term of office of the newly appointed Ombudsman pursuant to this article
shall be six years and the provisions of above article 6 shall be applicable
to him/her.
PART THREE
The Duties, Responsibilities, Remuneration, Personal
Rights and Restrictions of the Ombudsman
9.
The duties and responsibilities
of the Ombudsman are:
(1)
To control, investigate and
report the services performed, by the organ, office, organisation, public
institutions and establishments or the person which have administrative and
executive authority in the Turkish Republic of Northern Cyprus, except those
determined in the Constitution and this Law, whether or not they are in conformity
with the legislations in force and the court decisions and whether they are
appropriate or properly implemented.
(2)
To pursue whether a service within
the jurisdiction of any unit of the administration has been performed or not
and if not to demand duly reasoned information from the unit concerned on the
service which has not been performed.
(3)
To warn the office concerned on
an illegal act established by the Ombudsman, for restitution.
(4)
(A) At any stage of the issue
under investigation if the Ombudsman is satisfied that it shall be
inconvenient for the public officer subject to investigation to keep the
office, to demand from the Public Service Commission the temporary removal of
the public officer concerned from his office, without taking into
consideration the provisions of the Public Servants Law article 102
subparagraph (1) stating that the demand shall come from the principal
officer of the institution that he/she is affiliated.
The
provisions of the subparagraphs, except the subparagraph(1) of article 102,
of the Public Servants Law shall be applicable for the public officer who has
been temporarily removed from his/her office.
(B)
In the case that the person under investigation is an employee of any public
institution or organisation; the Ombudsman forwards the demand of the
temporary removal from the office to the office or organ which has appointed
the relevant person.
10. The rights and benefits such as the salary, allocation,
allotment of bonus, cost of living, tax exemption and other personal rights
of the Ombudsman, shall be the same as the salary, allocation, allotment of
bonus, cost of living, tax exemption and other personal rights of the Auditor-General
pursuant to the Court of Audit Law and for the purposes of retirement the
same shall be taken into consideration.
11. All the rights designated under the Public Servants
Law shall apply to the Ombudsman.
12. While performing his/her duties and using the powers
conferred on him, the Ombudsman shall not be hold liable and a case shall not
be filed against him/her for his/her testified and documented acts, revelation
of his/her opinions and the reports submitted by him/her.
13. (1)The following matters are out of the jurisdiction
of the Ombudsman;
(A)
The duties and powers conferred on the following offices and institutions by
the Constitution and Laws;
(a) The President
(b) The Assembly of the Republic
(c) The Council of Ministers
(d) The Courts
(e) The Law Office
(f) The Public Service Commission
(g) The Court of Audit
(h) The Police Organisation
(B)
The matters related to foreign policy and the defence of the country.
(2)
In the case that the Ombudsman shall recieve an application or information on
the matters within the jurisdiction of the offices and institutions mentioned
in the subparagraph(1) (A), shall communicate the matter to the relevant
office.
14. (1) The Ombudsman shall not perform any work with or
without remuneration during and after the working hours apart from his/her
official duty. He shall not be a member of the Board of Directors of any
company or establishment.
(2)
The Ombudsman while performing his/her duties shall not make sexual or
political discrimination, shall not act in favour of any person, family or
group.
(3)
The Ombudsman, shall not disclose all the written or oral information and
documents obtained during his office, to anybody or any office except the
offices responsible for legal proceedings.
PART FOUR
Conditions for Taking Action, Working Method and Delegation
of Power
15. (1) The Ombudsman shall take action upon the
personal application of any complainant by filling and signing the
application form prescribed by the Office or by his/her own initiative (ex officio)
as a result of the news in the mass media, obtained information, or its
observations.
(2)
While taking into consideration the applications submitted to the Office and
the information obtained, shall inquire whether any case has been filed or
not and if there is any investigation being conducted by the Law Office or
the Police about the matter or act under consideration.
(3)
In the case of confirmation that the matter or act under consideration is
being followed by the Law Office or the Police, it shall inform the complainant
in writing that the case shall be taken into consideration after the
conclusion of the Law Office or the Police.
16. (1) The Ombudsman shall submit a detailed bi-annual
Report on its work to the Presidency of the Assembly of the Republic. It
shall also forward this Report to the President and the Prime Minister.The
Report submitted shall be open to press.
(2)
The Ombudsman shall prepare a Report on every issue under investigation which
shall comprise both the results obtained through his/her observations and
the opinions of the persons that he/she shall consider related to the issue
under investigation. He/she shall submit this Report to the Presidency of the
Assembly of the Republic. This Report shall also be forwarded to both the
President and the Prime Minister of the Turkish Republic of Northern Cyprus. If the investigation was conducted upon the application of a person claiming that
he/she suffered a wrong on a particular issue, a copy of the report shall
also be sent to person concerned.
(3)
While performing his/her duties, the Ombudsman can directly contact to the
President, the President of the Assembly, the Prime Minister, the Ministers, the
presidents of the independent institutions and the board of directors, chairmen
and/or general directors and/or secretaries and the heads of the commissions
and committees established under a law or other legal persons and organizations
established under a law and can request from them to present oral or written
information and documents.
However
the Ombudsman can only see the documents considered as confidential in
accordance with the Constitution and the Laws with the consent of the principal
officer of the office responsible for the relevant document.
17. The Ombudsman can authorize in writing the Director
of the Office, provided that he/she shall abide by the conditions and limits
set by himself/herself, to exercise any powers given to him/her by the
Constitution and this Law for a temporary period.
The
Ombudsman shall determine in writing which of his/her powers shall be
exercised by the Director of the Office, for the periods his/her illness and
leave or when being abroad.
However
he/she shall not delegate the power of submission of the Report.
PART FIVE
The Establishment of The Office of Ombudsman, The
Methods of Employment, Duties and Responsibilities of the Staff, General
Rights and Restrictions
18. In order to facilitate the works of the Ombudsman,
charged with duties such as controlling, investigating and reporting to the
related authorities whether or not the services conducted by the administration
in the Turkish Republic of Northern Cyprus are in conformity with the
legislations in force and the court decisions, the Office of Ombudsman that
shall be under the supervision and control of the Ombudsman shall be
established.
19. (1) The titles of staff, the number of staff, the
service categories, degrees within the categories and the salary scales
concerning the staff to be employed in the Office of Ombudsman are enumerated
in the First Table annexed to this Law.
(2)
The qualifications and the duties, powers and responsibilities of the staff
that shall be appointed to the positions enumerated in the First Table, are
envisaged in the Second Table annexed to this Law.
(3)
The staff of the Office of Ombudsman shall be indicated in the Budget Law
every year and shall be filled according to the allowances set in the Budget.
(4)
The salary scales envisaged for each staff in the Second Table annexed to
this Law shall be equivalent to the scales envisaged in the First Table
annexed to the Public Servants Law.
20. (1) The staff employed in the Office of the Ombudsman
shall be appointed by the Public Service Commission and shall perform the
duties and powers envisaged in this Law.
(2)
The duties and responsibilities, general rights, restrictions, appointment, promotion,
personal rights and disciplinary proceeding of the public officers employed
in the Office of the Ombudsman shall be regulated in accordance with the Public
Servants Law.
PART SIX
Presentation of Evidence, The Responsibilities of
the Public Servants or Person and/or Persons, Obligation of Confidentiality
21.
While conducting investigations according to this Law, provided that there is
no failing evidence contrary to the Constitution and the other Laws, the
Ombudsman shall exercise the power to call any Public Servant or other person
and/or persons that is believed can furnish information or supply evidence,
to give such information and supply such evidence without prejudice to the
provisions of article 16 subparagraph (1) of this Law.
22.(1)The
Ombudsman shall provide opportunity;
(A)
To the public employee, public servant or; person and/or persons that is
deemed related to the act under investigation, to express his/her point of
view;or
(B)
At any stage of the investigation if the Ombudsman believes that the Report
which shall be drafted shall negatively effect the public employee, public
servant or; person and/or persons, to present their case of defence.
(2)
If the Report which will be drafted by the Ombudsman shall be of nature that
shall negatively effect the public employee, public servant or; person and/or
persons, pursuant to the above subparagraph(1) the point of views or the case
of defence shall be annexed to the Report. Any Report that shall not contain
the opinions or the case of defences of the persons concerned shall not be of
nature that shall negative effect on them.
(3)
If the Ombudsman is convinced at the end of the investigation that an
omission, misuse of authority or of an offence commited by the public
employee, public servant or; person and/or persons he/she shall forward the
case to the related and authorised office for the necessary proceedings to be
initiated.
(4)
(A) The investigation shall not be conducted openly; subject to the
provisions of this Law, the investigation method shall be determined by the
Ombudsman by taking into consideration the specific conditions of the case.
(B)
An investigation conducted under this Law, shall not affect other
investigation initiated by the authority or the power or duty of the person
authorised for investigation related with the investigated issue.
(5)
All the units of administration shall assist to the Ombudsman in every way on
the works being made under this Law.
(6)
If it is revealed by the result of the investigations conducted by the
Ombudsman that the case under investigation contains an issue outside his/her
jurisdiction under the article 13 of this Law, the Ombudsman shall be
informed on the relevant decisions and the documents and the investigation
shall be terminated. The rules of confidentiality shall be legally
guaranteed.
(7)
If the principal officer of the administration shall be of the opinion that
the information or documents given to the Ombudsman shall negatively effect
the defence and the security of the administration or, be against the public
interest, shall in writing inform the Ombudsman about the situation. In such
a situation the Ombudsman shall not give these information to anyone except the
President of the Assembly of the Republic. He shall also inform the President
and the Prime Minister on the issue.
23. The Ombudsman and all
the staff of the Office shall keep the information and documents obtained
while performing their duties and during the report drafting process. They
can not disclose it unless ordered by the competent Court.
PART SEVEN
The Final Provisions
24.(1) Anyone that have the
information related to the case under ivestigation and who fails to give this
information without a legal excuse,
(2) Anyone, if demanded
by the Ombudsman, who refuses to present or any way prevents the presentation
or removes the evidences,
(3) Anyone, in case
although knowing or having reasonable reason to believe that they are not
true, intentionally provides incorrect, fabricated information or evidence,
(4) Anyone without any
legal excuse in any way prevents the investigation undertaken by the
Ombudsman,
commits a criminal offence
and if charged as guilty shall be subject to imprisonment up to 3 years or to
a fine upto 200 000 000 TL ( two hundred million turkish lira) or both.
25. From the date this Law
comes into force “The Commisioner of Administration Law of 1973” shall be
annulled.
26.This Law shall come into
force on the date it shall be published in the Official Gazette.
THE FIRST TABLE
THE OFFICE OF OMBUDSMAN
(Article 19)
Number
Title Service Degree Scale
Of
Staff Category
1
Director - II 18A
3
Chief Managerial III 17B
Investigation
Services
Officer
Category
(The other directors
Not
considered as
Uplevel director)
7
Investigation Adminisrative
I 15-16
Officer
Services
Category
1
Senior Administrative I 15-16
Administrative
Services
Officer Category
1 Administrative
Administrative II 12-13-14
Officer Services
Category
1 Senior
Secretarial I 13-14
Clerk Services
Category
4
First Secretarial II 11-12
Grade Services
Clerk Category
2 Driver/Usher
Driver/Usher I 8-9
Services
Category
2 Usher
Driver/Usher I 8-9
Services
Category
22 Total
SECOND TABLE
THE DIRECTOR OF THE OFFICE OF OMBUDSMAN
SERVICE SCHEME
Staff title :
Director
Degree : II
(First appointment and Promotion) Position)
Number of Staff : 1
Salary :
Scale 18 A
I.DUTIES, POWERS AND
RESPONSIBILITIES
(1)
Shall assist the Ombudsman, in
executing the duties of the Ombudsman, shall plan, coordinate, control the
services of the office and ensure the fulfilling of the financial and
administrative duties of the office.
(2)
Shall carry out the work
concerning the personal rights of the staff of the office.
(3)
Shall ensure the preparation of
the budget.
(4)
Shall ensure that the financial
affairs are carried out in accordance with the legislation in force.
(5)
Shall perform the duties fit to
his/her post, delegated to him by the Ombudsman.
(6)
Shall be responsible to the
Ombudsman for execution of his/her duties.
II. QUALIFICATIONS REQUIRED
(1)
To be a graduate of a faculty of
Law, Economics or Administrative Sciences of a recognised university and have
worked for a minimum of 10 years in the public service.
(2)
Shall have been appointed to a
position of degree II of the services that requires to be a graduate of
University or a Institution of Higher Education and in act to be at the
salary scale 15.
(3)
To be succesful in the exams to
be held in accordance with the relevant legislation.
CHIEF INVESTIGATION OFFICER
SERVICE SCHEME
Staff
title : Chief Investigation Officer
Service
Category : Managerial Services Category
(Other directors other than the
Directors of UpperEchelon )
Degree
: III ( First Appointment and
Promotion Position)
Number
of Staff : 3
Salary
: Scale 17 B
I.
DUTIES, POWERS AND RESPONSIBILITIES
(1)
Shall perform the duties
delegated to him/her under the supervision and control of the Director and
with the instructions of the Ombudsman.
(2)
Shall be responsible to both
the Ombudsman and the Director for execution of his/her duties.
II. QUALIFICATIONS
REQUIRED
(1)
To be a graduate of a faculty or
equivalent institution of higher education of Law, Economics, Political and
Administrative Sciences.
(2)
To be working in the Office of
Ombudsman for a minimum of 3 years as an Investigation Officer.
(3)
To be succesful in the exams to
be held in accordance with the relevant regulations.
(4)
To speak English shall be an
advantage.
(5)
To be at least on the degree II
of the services category requiring to be a university or a higher education
institute and have worked a minimum of 7 years in the public service.
INVESTIGATION OFFICER
SERVICE SCHEME
Staff Title :
Investigation Officer
Services Category :
Administrative Services
Degree :
I ( First Appointment and
Promotion Position)
Number of Staff : 7
Salary :
Scale 15-16
I. DUTIES, POWERS AND
RESPONSIBILITIES
(1)
Shall perform the duties
delegated to him/her by his/her superiors, with the limitations of the
instructions of the Ombudsman and under the supervision and control of the
Director of the Office of Ombudsman.
(2)
Shall be responsible to his/her
superiors for execution of his/her duties.
II. QUALIFICATIONS REQUIRED
(1)
To be a graduate of a faculty or
equivalent institution of higher education of Law, Economics, Political and
Administrative Sciences.
(2)
To be working in the degree II
of the services requiring to be a university graduate and to be working in
the public service for a minimum of 7 years.
(3)
To be succesful in the exams to
be held in accordance with the relevant legislation.
(4)
To speak English shall be an
advantage.
SENIOR ADMINISTRATIVE OFFICER
SERVICE SCHEME
Staff Title
: Senior Administrative Officer
Services Category :
Administrative Services
Degree :
I ( Promotion Position)
Number of Staff : 1
Salary
: Scale 15-16
I. DUTIES, POWERS AND
RESPONSIBILITIES
1.Shall
perform the duties delegated to him/her by his/her superiors in accordance
with his/her post.
2.
Shall be responsible to his/her superiors for execution of his/her duties.
II. QUALIFICATIONS REQUIRED
(1)
To be a graduate of a faculty or
equivalent institution of higher education of Law, Economics, Political and
Administrative Sciences..
(2)
Have worked for a minimum of 3
years at a lower degree.
However
if there is no one meeting this condition then for at least one year shall be
required.
(3)To be succesful in
the exams to be held
ADMINISTRATIVE OFFICER
SERVICE SCHEME
Staff Title
: Administrative Officer
Services Category :
Administrative Services
Degree :
II ( Promotion Position)
Number of Staff : 1
Salary
: Scale 12-13-14
I. DUTIES, POWERS AND
RESPONSIBILITIES
1.Shall
perform the duties delegated to him/her by his/her superiors in accordance
with his/her post.
2.
Shall be responsible to his/her superiors for execution of his/her duties.
II. QUALIFICATIONS REQUIRED
(1)To
be a graduate of a faculty or equivalent instution of higher education of
Law, Economics, Political and Administrative Sciences.
(2)Have
worked for a minimum of 3 years at a lower degree.
However
if there is no one meeting this condition then for at least one year shall be
required.
(3)To be succesful in
the exams to be held.
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