TR Judiciary, Bar association news & updates

[Saithan]

Danıştay Resmi Sitesi

Adalet,Adalet Bakanlığı, Hakimler, Savcılar, UYAP, UYAP SMS, kararnameler, Avukat Portal, Vatandaş Portal, Genelgeler, mevzuat, Hukuki Yardım, Eposta, Bilgi Edinme, T.C. Danıştay Başkanlığı | Sayfa: Anasayfa

www.danistay.gov.tr

Judicial system of Turkey - Wikipedia

en.wikipedia.org

https://www.danistay.gov.tr/upload/isvec_ysk_Serkan_kizilyl.pdf (old system with military court)

Practical Law UK Signon

uk.practicallaw.thomsonreuters.com

I think it's important to have a thread on this topic as separation of powers are important to create a sound society where you have accountability and judiciary to protect the right of the citizen even against the state.

 

[Saithan]

The Reform of Bar Associations in Turkey: Questions and Answers

In June 2020, the Turkish government proposed a new draft law amending Turkey’s Law on Lawyers. The draft greatly reduces the representation of lawyers from Turkey’s main cities at the national Union of Turkish Bar Associations and proposes that in provinces with over 5000 lawyers, any group of...

www.hrw.org

The government has had some reasons to pass a new law that attempts to divide the existing bar associations. This would of course diminish their power to keep the state accountable and in conform of universal values and laws.

Some example could be that Adnan Menderes case. Where I remember reading that no one from the Bar Association defended him.

One POV:

Adnan Menderes Obituary

“I am not offended by anyone.”

medium.com

Another POV:
"The whole affair is pretty complicated but the final straw was the “tahkikat komisyonu” (can be translated as “investigation commission”) which he established. He equipped this commission with extraordinary powers which went beyond those of the judicial authorities, this was in blatant violation of the separation of powers. He did this because he was afraid that he was losing support among people and he concluded that the only way to maintain his status was to rule with an iron fist. The plan backfired. He was tried , found guilty of violation of Turkish constitution, embezzlement and ordering the Istanbul pogrom (which caused the deaths of more than 50 Greeks living in Istanbul) and sentenced to death. He was executed in Yassıada (together with two of his associates). A new Turkish constitution was written (the most democratic one in the Turkish history). But it did not last long because of the right wing politicians and their American supporters. But this is whole another story. "
source: https://www.quora.com/Why-did-they-hang-Adnan-Menderes

However the establish an alternative bar to the existing a certain amount of signatures are necessary. It would seem that there aren't enough signatures to create new bars. New are unfortunately in turkish.

'Paralel baro'culara imza şoku

Ankara ve İstanbul’da iktidarın desteğiyle uzun süredir çalışma yapan avukatların, aradan geçen zamana karşın paralel barolar

www.veryansintv.com

I assume the government will find or pass a law to approve the creation of new bars anyway.

 

[Saithan]

Istanbul court delivers final verdict on journalists - Türkiye News

A court in the Turkish city of Istanbul delivered its final verdict on Sept. 9 in the case of eight journalists who were detained in March for allegedly disclosing the identities of members of Turkey’s National Intelligence Organization (MIT).

www.hurriyetdailynews.com

Aren't there guidelines that press and news outlets have to follow before publishing information that may contain national security ?

Ethic rules and such. I remember in the past how news always showed grieving families and such, and I thought, that it was counterproductive.

 

[Saithan]

Anayasa Mahkemesi olağanüstü toplanıyor!

AYM üyesi Engin Yıldırım'ın sosyal medya hesabından yaptığı 'Işıklar yanıyor' paylaşımı gündeme bomba gibi düştü.

www.veryansintv.com

Constitutional Court member posted a tweet saying "the lights are burning" I wonder what he's trying to convey, a warning to the people of something going on ?

But the government has chosen to attack that tweet as if a new coup attempt is being made. Extraordinary meeting today at 14 o'clock.

VeryansınTV - Türkiye’nin bağımsız haber/yorum sitesi.

Türkiye’nin bağımsız haber/yorum sitesi. VeryansınTV son dakika özel haberleri ve köşe yazılarını bulabileceğiniz bağımsız haber sitesidir.

www.veryansintv.com

Engine Yildirim was handpicked by Abdullah Gül who also studied at Sakarya University for that position. Sakarya University claimed to be hotbed of FETÖ.

Abdullah Gül who is still member of AKP...

Could it be that the fight against FETÖ isn't a struggle against terrorist, but a fight for leadership ? RTE wants to be leader of FETÖ, but the old bastard in Pennsylvania refused ?

 

[Saithan]

Justice system should prioritize trial without arrest: Minister - Türkiye News

The main priority of Turkey’s justice system should be trial without arrest, the country’s justice minister said on Dec. 9.

www.hurriyetdailynews.com

Backlogs of cases that are waiting to be dealt with were insane at some point. I don't know what the situation is now, but my younger cousin who is a lawyer said in 2017 that it was insane and nothing got accomplished because of the changes made.

My older cousin who's a judge in Istanbul Caglayan courthouse said things are going very slowly and the lack of respect for the law made things stagnant.

 

[Saithan]

New judicial year to start with reforms: Minister​

BY DAILY SABAH​

ANKARA LEGISLATION
SEP 01, 2021 11:24 AM GMT+3

The new Court of Cassation (Yargıtay) building in Ahlatlıbel district, Ankara, Turkey, Aug. 26, 2021. (AA Photo)


The new judicial year will begin with steps toward reform, Justice Minister Abdulhamit Gül said on Wednesday.

“We start this judicial year with reform steps that we have taken over from last year. We will continue to solidify the rule of law, pursue our reform strategy to strengthen access to justice,” he said in a message.

He noted the Judicial Reform Strategy document Turkey has prepared in this regard.

“We have also seen calculatable, observable, solid activities through the Human Rights Action Plan that was born from the same perspective,” Gül said, adding that several new practices like e-hearings and e-notices were implemented.

The first judicial reform package included the Human Rights Action Plan based on the vision of "Free Individuals, Strong Society: More Democratic Turkey" and its motto: “Let people live so the state will live!”

The plan originates from the state’s "obligation to protect, in all of its affairs, acts and with all of the state institutions and organizations, the physical and moral integrity and the honor and dignity of individuals."

President Recep Tayyip Erdoğan had called 2021 the “year of reforms” and pledged that his party would make many improvements to the judiciary and economy.

The judicial reforms are designed to promote trust, make the judiciary more "accessible" and advance individual rights, liberties and democracy.

The process started on May 30, 2019, when Erdoğan announced new judicial reforms to strengthen its independence, objectivity, accountability and transparency.

The judicial reform strategy consisted of two basic perspectives, nine targets, 63 objectives and 256 activities.

The nine targets include protecting and improving rights and freedoms; improving judicial independence, objectivity and transparency; improving both the quality and quantity of human resources; increasing performance and productivity, enabling the right of defense to be used effectively; making justice more approachable; increasing the effectiveness of the penal justice system; simplifying civil justice and administrative procedures; and popularizing alternative dispute resolution methods.

Erdoğan also called for a new constitution for Turkey, announcing on Feb. 1 that "It is time for Turkey to discuss a new constitution again."

Erdoğan wants Turkey to have a civilian-drafted constitution by 2023, coinciding with the centenary of the foundation of the Republic of Turkey.

New judicial year to start with reforms: Minister

The new judicial year will begin with steps toward reform, Justice Minister Abdulhamit Gül said on Wednesday.“We start this judicial year with reform...

www.dailysabah.com

 

[Saithan]

Justice minister vows more reforms in new judicial year​

ANKARA​

Turkey will continue its efforts to reform justice and reinforce the rule of law, Justice Minister Abdülhamit Gül has said on the occasion of the beginning of the new judicial year.

“We are starting this judicial year with the reforms we made last year. In the new period, we will continue to follow our reform strategy to strengthen the rule of law and strengthen access to justice,” Gül said in a written message on Sept. 1.

The government, under the leadership of President Recep Tayyip Erdoğan, is behind its will of reforms, Gül said.

“Undoubtedly, the best reform is the implementation. I fully believe that the Turkish judiciary will continue to implement each reform in the best way in light of the principle of the rule of law based on human rights.”

Recalling that the government introduced the Judicial Reform Strategy with the motto “credible and accessible justice” and Human Rights Action Plan in the past years, Gül said, “The judiciary is the apple of the nation’s eye. Justice is the basis of property, and the basis of justice is human beings, human dignity and human rights. We see the protection of human dignity and rights as the most fundamental mission of all justice services.”

The 4th Judicial Reform Package was ratified by parliament in July. The package included new measures to combat violence against women.

Under the package, harsher punishments for the crimes of homicide, premeditated assault, torture, and deprivation of liberty committed against a spouse will now also include partners who are divorced. Also, arrests for crimes including genocide, violating the constitution, and child sexual abuse will depend on strong suspicion based on concrete evidence.

Judicial branches, except for the Constitutional Court, recessed their activities on July 20.

Justice minister vows more reforms in new judicial year - Türkiye News

Turkey will continue its efforts to reform justice and reinforce the rule of law, Justice Minister Abdülhamit Gül has said on the occasion of the beginning of the new judicial year.

www.hurriyetdailynews.com