Historical roots of the development of the Ombudsman in modern Turkey: A synthesis of The Ottoman legacy and European model

From the beginning of the 1960s, there was a gradual understanding of the relevance of the ombudsman institution as an alternative mechanism to justice restoration that has taken a significant place in present-day societies. Attempts to institutionalize the ombudsman in Turkey go back to the 1970s, however, the process for its legalization came as part of internal and external factors. The internal factors include the legislative amendment and administrative reforms that the country has launched extensively as part of the modernization plan, while the external factor came in line with the European Union (EU) harmonization process. As part of the institutional amendments, Kamu Denetçiliği Kurumu (KDK) acquired a 'constitutional status'. The main aim of this research is to study the development of the ombudsman in modern Turkey. This research tries to answer the following question: How can we view the recent institutionalization of the ombudsman in modern Turkey: is it an adoption of the EU norms and practices for the mere sake of bureaucratic rapprochement, or an attempt to draw on Ottoman legacy being a pioneer of ombudsman, or a synthesis of both? A qualitative methodology was adopted to study the historical roots of the ombudsman institution. This study, divided into four chapters, looked into the main concepts adopted, discussed the theoretical approach, the different existing models of the ombudsman, and their development. It also discussed the EU ombudsman being one model of supranational ombudsman, and the KDK as an institutional classical model. The research also looked into the aspect of continuity and change by studying the ombudsman in its traditional and modern models; an analytical study of Diwan Al-Mazalem (Grievances Court) in its ancient and current forms was carried out. This research found that although the Orientalists' discussions associate the ombudsman to the early Scandinavian experience, grievances resolution system has been a far-reaching institution of the Islamic administration, and that the roots of the ombudsman is an 'ancient notion' that originated from Diwan Al-Mazalem and the Ottoman's Chief Justice model. The research argued that there are many factors affecting institutional attributes such as legal traditions, governance regime, economic development, social structure, etc. Hence, the functional model of the ombudsman should take into account the critical national infrastructure and distinct conditions of Turkey, internal and external dynamics as well.