Response to Mansur Yavaş’s Complaint to the Civil Inspectorate

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In a written statement made by the presidency, the Mayor of Ankara Metropolitan Municipality, Mansun Yavaş, made a statement in some media yesterday: “The Ministry of Interior, which sends an inspector even to gossip, does not does not even respond to our documented complaints, only 9 of the many cases for which we have filed a criminal complaint with the General Prosecutor’s Office come from the Ministry of the Interior. an inspector has been appointed, ”the statement recalled. , and it was clarified that the Office of Civil Inspection was implicated.

Emphasizing that he had made false statements and therefore a statement was necessary to properly inform the public, the following was noted:

“As it is known, investigations and investigations concerning denunciations and complaints of civil servants and other public officials, which are not related to their functions or even if they are related to their functions, can be instructed directly by the General Prosecutor’s Offices without the authorization of any administrative authority. The opening of an investigation for denunciations and complaints within the framework of the law on the trial of civil servants and other public officials is subject to the authorization of the competent authorities indicated in this law. .following inquiries or preliminary examinations to be made by the administrative authorities on these opinions and complaints, and against these decisions.The judicial remedies to which recourse may be had are regulated in detail in the relevant articles of the same law. Indeed, in accordance with Article 4 of Law No. 4483 entitled “Transfer of the incident to the competent authority, notifications and complaints which will not be have not been processed”; These denunciations and complaints may be addressed to the General Prosecutor’s Office as well as to the competent administrative authorities.

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“SUCH FUNDAMENTAL CLAIMS CANNOT DAMAGE THE RESPECT OF THE PROPERTY INSPECTION COMMISSION IN THE TURKISH ADMINISTRATIVE SYSTEM”

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Under the terms of the same article, it was specified that in order for denunciations and complaints to be investigated by the public prosecutor’s offices or the competent administrative authorities, the denunciation and complaint must not be of an abstract and general nature, the person or the event must be stated in the notice or complaint, and the allegations must be based on serious findings and documents:

“The denunciations and complaints that do not meet these conditions will not be processed by the General Prosecutor’s Office and the authorities empowered to grant authorization; In accordance with article 9 of the law, the decision of the competent authority whether or not to grant an investigation permit is given to the General Prosecutor’s Office, to the officer or other public official under investigation and the complainant, if any, objects to the decision to authorize an investigation, against the officer or other public official under investigation, against the decision not to grant authorization of investigation or against the decision not to take action made by the public prosecutor or the authorities empowered to grant authorisation. The plaintiff can also appeal to the administrative court. In other words, the decisions taken by the competent administrative authorities are entirely subject to judicial review. All kinds of notices and complaints, whether received from the Attorney General’s Office or directly to our Ministry, are processed, finalized and communicated to the recipients in accordance with the provisions of the legislation explained above and the court decisions issued. Despite these clear provisions of the legislation and ignoring the fact that these decisions are subject to judicial review, it is not only unfounded to claim that the Bureau of Civil Inspection arbitrarily handles denunciations and complaints, and it is already recognized by the public that such unsubstantiated allegations cannot damage the prestige of the Civil Inspectorate in the Turkish administrative system. »

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