Judicial system of Turkey

In Turkey, any man or woman, after having graduated from a law faculty at a university, can become attorney-at-law or barrister (avukat), judge (hâkim or yargıç), prosecutor (savcı) or notary (noter) after terms of internship specified in separate laws.

Legal education in Turkey results in a master of law degree after about 4–5 years of study.

[4] The Council of Judges and Public Prosecutors (Hâkimler ve Savcılar Kurulu) deals with the admission of judges and public prosecutors of courts of justice and administrative courts into the profession, appointments, transfers to other posts, the delegation of temporary powers, promotion to the first category, the allocation of posts; decisions concerning those whose continuation in the profession is found to be unsuitable; the imposition of disciplinary penalties and removal from office.

[4] After the Constitutional amendment which took place 2010, the composition of The High Council of Judges and Prosecutors was completely changed.

Ten members out of 22 are elected among the judges and prosecutors by their colleagues working in first instance courts.

The Supreme Council of Judges and Public Prosecutors deals with administrative matters concerning judges of the Administrative and Judicial Courts and Public Prosecutors who are not members of the Court of Cassation or the Council of State.

[5] In the Country Report on Human Rights Practices in Turkey in 2006 (released by the Bureau of Democracy, Human Rights, and Labor in the US State Department on March 6, 2007) it was stated: The High Council of Judges and Prosecutors was widely criticized for undermining the independence of the judiciary.

While the constitution provides for job security through tenure, the high council controls the careers of judges and prosecutors through appointments, transfers, promotions, reprimands, and other mechanisms.

[8] The highest judge, who holds the title First President (Birinci Başkan), is currently Mehmet Akarca.

[9] The Court of Cassation also has a Chief Public Prosecutor (Yargitay Cumhuriyet Başsavcısı), who is currently Bekir Şahin.

[11] Civil courts look at cases related to subjects like ownership, contract violation, divorce and inheritance.

Its jurisdiction covers all cases assigned to the court by the Code of Civil Procedure and other laws.

Offenses and crimes involving a penalty of over five years of imprisonment are under the jurisdiction of these courts of which there is one in every city, but it is sometimes divided into several branches according to the need and population.

Administrative courts solved cases involving probate, bankruptcy, and citizenship matters.

The Court of Accounts (Sayıştay) is Turkey's supreme audit institution charged with auditing, on behalf of the Parliament, all accounts related to the revenues, expenditures and property of government departments financed by general and subsidiary budgets.

Likewise, it is mandatory to undergo a mediation process in relation to commercial disputes before initiating litigation proceedings before the relevant court.

Some other quasi-legal authorities that must be used before applying to court are as follows:[14] An Independence Tribunal (İstiklâl Mahkemesi) was a court invested with superior authority and the first were established in 1920 during the Turkish War of Independence in order to prosecute those who were against the system of the government.

They were located in Ankara, Eskişehir, Konya, Isparta, Sivas, Kastamonu, Pozantı, and Diyarbakır.

In a number of cases the European Court of Human Rights has found the presence of military judges in the State Security Courts to be a violation of the fair trial principles set out in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

On the 18 June 1999 the then Grand National Assembly of Turkey voted to ban military judges from the bench of State Security Courts.

[15][16] In the context of a package of reforms to the Constitution passed in June 2004, the DGMs were formally abolished.

The DGMs were transformed into Heavy Penal Courts, authorized to try only cases involving organized crime and terrorism.

[22] According to Article 2 of Law 353 the courts consisted of two military judges (askeri hâkim) and an officer.

It was also a court of first and final instance with jurisdiction over certain military personnel, stipulated by law, with responsibility for any specific trials of these persons.