Ombudsman Ilkan Varol: LTB Acted Contrary to Constitution and Good Governance Law

Ombudsman İlkan Varol has published a report regarding Kubilay Kızılcık, stating that the Nicosia Turkish Municipality (LTB) acted contrary to the Constitution and the Good Governance Law by failing to respond promptly to Kızılcık's inquiries. According to the report, LTB neglected to address Kızılcık's petition in a timely manner, which violates Article 76 of the Constitution and Article 15(3) of the Good Governance Law.

The report, signed by Varol, indicates that Kızılcık claimed he did not receive a response from LTB regarding a health and service tax invoice sent on behalf of his deceased mother, prompting him to request an investigation by the Office. The matter was examined under the provisions of Law No. 38/1996 governing the Office of the Ombudsman, resulting in the preparation of the report.

It was noted in the report that Kızılcık stated his mother previously resided at the address on Şehit Tuncay Mehmet Salih No:14, and after her passing, the electricity and water bills for the property were settled and closed. Allegedly, despite no one residing there, LTB sent a health and service tax invoice in his mother's name, to which Kızılcık's written petition on November 28, 2023, sought resolution.

In response from LTB to the Office, it was stated that the complaint was resolved verbally through direct communication with the citizen, hence no written response was provided. Subsequently, following an investigation initiated by the Office, it was confirmed that LTB responded to Kızılcık in writing on May 8, 2024.

The report emphasized that according to Article 76 of the Constitution and Article 15(3) of the Good Governance Law No. 27/2013, administrations are obligated to respond to petitions in writing to the petitioner. It concluded that LTB's reliance on verbal communication did not meet the legal requirement of providing a written response, thus constituting a violation of pertinent regulations.

In conclusion, the report concluded that LTB's failure to respond to Kızılcık's petition in a timely manner was inconsistent with the constitutional and legislative requirements outlined, emphasizing the importance of adherence to proper administrative procedures.