ADMISSIBILITY REQUIREMENTS OF COMPLAINTS LODGED TO TURKISH HUMAN RIGHTS AND EQUALITY INSTITUTION

Abstract

National Human Rights Institutions (NHRIs) are recognised as pivotal agency for the protection and promotion of human rights at national level. Turkish Human Rights and Equality Institution (TİHEK) was established, through Law No. 6701 in 2016, and has started to receive complaints on some issues as of 24.11.2017. Individuals who claim to have been harmed by a violation of of discrimination and persons who have been deprived of their liberty within the scope of national prevention mechanism can apply to TİHEK. TİHEK has also the authority to investigate allegations of human rights violations ex officio, to file criminal complaints against the relevant persons if there are criminal acts, to take the necessary actions to end and eliminate these violations. This essay focuses on the conditions of admissibility of individual applications made to TİHEK in terms of person (ratione personae), subject matter of the application (ratione materiae), time-limit (ratione temporis) and location (ratione loci). Admissibility conditions were examined in the light of TİHEK decisions and a comparison was made between TİHEK, Ombudsman Institution and Constitutional Court in terms of the nature of the complaint applications.