DOKUZ EYLUL
UNIVERSITY
FACULTY OF LAW
INFORMATION PACKAGE
1
CONTENTS
§ 1. THE JUDICIARY IN TURKEY
A. Turkish Court System and Structure
B. Developments in the Legal Field
C. The Constitutional Court
D. The Courts of Justice and the Court of Appeals
E. The Administrative Courts and the Council of State
F. Military Courts and the Military Court of Appeals
G. The Supreme Military Administrative Court
H. Court of Jurisdictional Disputes
I. The Court of Accounts
J. The Supreme Council of Judges and Public Prosecutors
K. The Judicial System in Turkey
L. Latest Legislative Developments in the Field of Human
Rights in Turkey
§ 2. ‘BEAUTIFUL İZMİR’
A. What's the weather like?
B. History
C. Historical Sites
D. Sightseeing Places
E. Beaches of Izmir, Wind Surfing and Diving Facilities
F. Alternative Tourism in Izmir
G. Hotels
H. Universities
I. Festivals in Izmir
J. Izmir International Fair
K. Consulates and Honorary Consulates
§
3.
GENERAL
INFORMATION
REGARDING
THE
2
UNIVERSITY
A.
B.
C.
D.
E.
F.
G.
Mission
History
Location
Top Management
Communication
International Relations Office
Further Info for Incoming Students
§ 4. DEÜ FACULTY OF LAW
A. General Info
B. Services Available at the Campus
C. Location
D. Communication
E. Academic Staff
F. Head Administration and Organs of the Faculty
G. ECTS Schedule
H. Exam and Grading System
I. The Curriculum of the Faculty, the Academıc Staff and the Time
Periods for the Courses (per Week)
J. Contents of the Lectures
3
§ 1. THE JUDICIARY IN TURKEY1
Judicial power is exercised by independent courts functioning on behalf of the Turkish
Nation.
Judges, who are independent in discharging their duties, rule on the basis of the
provisions of the Constitution, the laws, jurisprudence and their personal convictions. No
organ, office, authority or individual may attempt to intimidate, instruct or order, make
suggestions or recommendations to or send notices to any judge concerning how they should
exercise their powers in the courts.
The legislative and executive organs and the administration must comply with the
rulings of the courts, and they may not change or delay the application of these rulings.
The most important factor that ensures the independence of the judiciary is the
"Guarantee for Judges and Prosecutors" provided for in the Constitution. The Supreme
Council of Judges and Prosecutors wields the sole authority to make decisions related to the
careers of the judges and the public prosecutors of the administrative and criminal courts on
matters such as admission into the profession, appointments, transfers to other posts, the
delegation of temporary powers, promotions, the allocation of posts, and decisions regarding
those who are pronounced unfit to continue in the profession and therefore liable to removal
from office.
The judges, who are thus assured of their independence of action, also assume duties
related to the monitoring and overseeing of elections, in addition to their duties in the
judiciary tribunals.
The Constitution also stipulates that as a general rule court hearings are open to the
public and that all rulings of the courts be accompanied by a statement of justification for the
verdict, and that trials of minors take place as provided for by special clauses in the law.
A. Turkish Court System and Structure
According to current Turkish Law, the power of the judiciary is exercised by Judicial
(Criminal), Military and Administrative Courts. These Courts render their verdicts in the first
instance, and the superior courts examine the verdict for the last and final ruling. The superior
courts are: the Constitutional Court, The Court of Cassation, the Council of State, the Military
Tribunal of Cassation, the Supreme Military Administrative Court, the Court of Jurisdictional
Dispute, the Court of Accounts and the Supreme Council of Judges and Public Prosecutors.
In Turkey, the court system is essentially a two-tiered system; the courts of first
instance and the Supreme Court of Cassation (Yargıtay). A legal dispute will begin in the
1
For extensive information on the Turkish legal system see T. Ansay/D. Wallace, Jr (ed.) (2000), Introduction to
Turkish Law, Turhan Kitabevi, Ankara; Güven, Kudret (2003), General Principles of Turkish Law, Second
Edition, Ankara; Payaslıoğlu, A. (1993), An Introduction to Law and the Turkish Legal System (2nd ed.),
Ankara; Ansay, Tuğrul & Schneider, Eric C. (2001); Introduction to Turkish Business Law, Kluwer Law
International, London 2001; Esener, Turhan (2000), Turkish Business Law, Vol.1-2, İstanbul; Adal, Erhan
(2004), Fundamentals of Turkish Private Law, İstanbul; Aybay, Rona (2000), An Introduction to Law (with
special reference to the Turkish legal system), 3rd edition, Istanbul. The account provided below is largely
based on the information published at (http://www.aybay.org.tr/recent.html#3).
4
court of first instance. In order to initiate a case the complaining party must apply to the court.
In a civil case the complaining party Davacı (Plaintiff) will file a petition (dava dilekçesi)
containing the allegations which must give rise to a legal cause of action. The Plaintiff is
required to state and explain the facts on which his claim is based. In return, the party being
accused of a wrongdoing (defendant) will file a response either denying the charges or putting
forth a defense.
The case will be tried, that is “adjudicated” by the court. The court may appoint an
expert (or experts) to prepare a report on the evaluation of the relevant facts of the case. The
parties have the right to challenge the expert report. Witnesses may be summoned to testify
and evidence maybe submitted by the parties. At the end, the court will decide in favour of
one party and against the other totally or partially. The decision of the court is called a
judgement (hüküm). Once the court has rendered a judgement in a trial, the losing party has
two choices: either to accept the verdict or to file an appeal with the Supreme Court of
Cassation (Yargıtay).
The party who files the appeal (temyiz) is called the appellant and the other party is
called the appellee. Only questions of law can be appealed. This means that the Supreme
Court of Cassation will not hear new evidence or have a new trial. Instead, the Court will only
decide if the lower court has made any errors in applying or interpreting the law. That is why,
the High Court should not be named a ‘Court of Appeals’, but rather a ‘Court of Cassation’.
Evidence can only be presented in the courts of first instance. The Supreme Court of
Cassation will only review the legal decisions made and not decide a question of fact. A
question of fact involves the determination of whether or not a particular fact or a set of facts
existed as presented by evidence at the trial by a party.
According to a law enacted in 2005, the Turkish court system will be structured as a
three-tiered model, with the newly established ‘Regional Appeals Court’s being envisaged as
an intermediary stage. However, this act is intended to enter into force in 2007.
The Turkish Courts are divided into different categories. Criminal cases are dealt with
in one set of courts, civil cases in another. For cases against the “administration” there is
another set of courts which is, in principle, based on the French model. Therefore, we have:





Civil Courts (Hukuk Mahkemeleri)
Criminal Courts (Ceza Mahkemeleri)
Administrative Courts and Tax Courts (İdare Mahkemeleri ve Vergi Mahkemeleri)
Danıştay (appeal court for administrative and tax courts/First ınstance Court for
certain administrative acts and actions such as Ministrerial decrees and decisions)
State Security Courts (Devlet Güvenlik Mahkemeleri), which tried criminal cases
which, in principle, concerned the territorial integrity of the State, were abolished in
2004.
B. Developments in the Legal Field
In addition to its objective of ensuring Justice, Turkish Law has also assumed the
important function of elevating Turkish society to levels of contemporary civilization. In fact,
although the pace of legal reforms quickened after the formation of the republic in Turkey, the
law actually started to be taken up during the times of the Ottoman State, and then
commenced to be put into written form.
5
The Gulhane Hatt-i Humayun (Gülhane Royal Edict) of 1839 aimed to solve the
problems that had accumulated in the previous 150 years and to strengthen the weakened
states.
The Islahat Ferman (Royal Edict of Reform) of 1856 also aimed at modernizing and
ensuring freedom of religion and conviction. It also prohibited torture and maltreatment by
providing that these be so enacted in the Criminal and Civil Procedures Code.
The 1875 document, the Adalet Ferman (Royal Edict of Justice), provided for the
security of Judges of Law. This edict stipulated that Judges may not be removed from office
nor transferred to another office without justification.
The 1876 Kanun'u Esasiye (Basic Law or Constitution) was a document that
resembled written western constitutions. In addition to defining the main organizational
structure of the state, it also set forth basic rights and liberties of Ottoman subjects and
stipulated that the courts and the judges be secure from all external interventions; such a
written principle thus took place in this Constitution for the first time.
However, in spite of the realization of these legal reforms, the Ottoman state, right up
until the very days when the Republic was formed, did not achieve what modern legal
systems need to have in essence: the implementation of secular legal thinking. This was never
achieved. Nevertheless, the 1921 Teskilat-i Esasiye Constitution stipulated that the Sheriya
(Religious law) provisions were to be implemented by the Grand National Assembly. It also
provided, however, for the continuation of the dual legal system; that in addition to religious
law, legal proceedings on the basis of secular law were also to be continued and practiced.
The reform of Turkish Law only took place in the full sense during the Republican era
with the abolishment o f Ministry of Canonical Law in 1924. The unification of education
throughout Turkey also came in 1924; the "Tekke" (Dervish Lodges) and the "Zaviye"
(Religious Sect cells) were closed in 1925: and especially with the enactment of the new
Turkish Civil Code in 1926, the secular law reform was finally completed. The principle of
secularism was enshrined in the Turkish Constitution with an amendment made during 1937.
C. The Constitutional Court
The Constitutional Court was established by the Constitution of 1961. Its role is to
examine all laws in respect to conformity with the Constitution.
The major duty of the Court is to monitor laws, decrees in force of law and the Grand
National Assembly internal procedural rules from the aspects of both form and substance. It is
also vested with the duty of examining and monitoring constitutional amendments from the
point of view of form. The Constitutional Court is further empowered to try, as the Supreme
Court, offenses related to the functions of the President, the members of the Council of
Ministers, the members and Chief Judges of the Constitutional Court, the Court of Appeals,
the Council of State, the Military Tribunal of Appeals, the Supreme Military Administrative
Court, the Court of Accounts and the Supreme Council of Judges and Public Prosecutors, as
well as Chief Public Prosecutors of these Courts, and also the Deputy Chief Public Prosecutor
of the Republic. The Chief Public Prosecutor and his Deputy act in the capacity of prosecutor
in the proceedings of this Supreme Court. The financial auditing of political parties is also
6
performed by the Constitutional Court. The closure of any political party may take place upon
the ruling of the Constitutional Court in a suit filed by the Republic.
Furthermore, if the Grand National Assembly decides to waive the parliamentary immunity of
any deputy, or decides to disqualify him from membership in the Assembly, the member
himself or any other member of the Constitutional Court for annulment of this ruling on
grounds of violation of the internal procedural rules of the Constitution, and so request that
the Constitutional Court decide on this matter.
The President of the Republic, the Parliamentary Group of the government or main opposition
party members or one-fifth of the total number of deputies in parliament may directly file suit
with the Constitutional Court.
In addition, should a court in the course of trial feel that due process of law is being hindered
or that there is doubt about the application of certain laws, or that certain laws are not in
harmony with the Constitution, or that complaints of a similar mature warrant it, then the
issue can be taken to the Constitutional Court.
There are eleven full members and four substitute members of the Constitutional Court, and
decisions are made with a minimum of eleven members in sessions. Decisions have to be
approved by a majority before becoming effective. Every four years, the members of the
Constitutional Court choose a new president from among the regular members of the
Constitutional Court.
When decisions have been reached they are published in the government "Official Gazette".
Following publication, the decisions come into immediate effect after procedure by the
appropriate legal organs.
D. The Courts of Justice and the Court of Cassation
The Court of Cassation is the tribunal of last resort to review the rulings and
judgments rendered by Judicial Courts, provided that such are not referred by laws to another
place of jurisdiction.
It is also the first and final authority for specific cases that are defined in the law. The
Court of Cassation reviews the rulings rendered by the Justice Courts, the Criminal Courts,
the Examination Courts and renders verdicts upon appeal.
The opinions so rendered by the Court of Cassation are taken as precedents for legal
rulings in the lower courts throughout the country, so that uniform application may be
achieved.
It is also able to modify its own ruling upon request.
E. The Administrative Courts and the Council of State
The Council of State is the superior Court in the area of administrative justice and as
such is the Court of last instance to review and decide upon all rulings rendered by
Administrative Courts, unless the laws specifically refer these to other judicial authorities.
Similar to the Court of Appeals, the Council of State, too, is the court of first and final
7
instance for specific cases defined by laws. It also ensures the consistency of rulings among
the administrative courts.
The Council of State is also the highest consultative body of the state, and in this
capacity, expresses its opinions on draft legislation when requested to do so by the Prime
Minister and the Council of Ministers. It also examines draft regulations and concessional
contracts. It is responsible for resolving administrative disputes.
Three fourths of the members of the Council of State are appointed by the Supreme
Council of Judges and Public Prosecutors from among first category administrative judges
and prosecutors or from among those considered for this profession; the remaining one fourth
is selected by the President of the Republic from among civil servants whose qualifications
are stipulated in the law.
F. Military Courts and the Military Court of Appeals
Offences committed by military persons, criminal acts which are of a military nature
and offences that are related to military service or are committed against military personnel or
in military premises are tried by military Courts, and by the higher military court which is the
Military Court of Appeals.
The establishment, organizational structure, procedures and personnel of the military
courts, the independence of these tribunals and the safety of military judges are regulated by
laws in a manner appropriate to the needs of military services and operations.
The Military Court of Appeals is the court of final instance for all rulings and verdicts
rendered by the military courts, and it is also a court of first and final instance with
jurisdiction over certain military persons, stipulated by laws, with the responsibility for the
specific trials of these persons. The Military Court of Appeals also ensures that the rulings of
the military courts in their individual interpretations of the law are consistent.
The members of the Military Court of Appeals are appointed by the President from
among three candidates nominated for each vacant post by the general assembly of the
military Court of Appeals from among first category military judges.
The appointment of the President of the Military Court of Appeals, the Chief
Prosecutor and the Heads of the Departments of the Military Court of Appeals is from
amongst its members according to rank and seniority.
G. The Supreme Military Administrative Court
The function of this Court is to act as the tribunal of the first and last instance as there
is not a lower Military Administrative Tribunal.
This Supreme Court has jurisdiction over acts related to military persons in
administrative or familiar areas of military service.
H. Court of Jurisdictional Disputes
8
The Court of Jurisdictional Disputes is vested with the authority to settle with finality
all disputes as to who has jurisdiction for trial among the justice, the Administrative or the
Military Courts.
This Court is made up from the members of the Court of Appeals, the Council of
State, the Military Court of Appeals, and the Military Administrative Court of Appeals. The
Chief Judge of this Court is selected from among the members of the Constitutional Court.
The members of the Court are elected by the Supreme Council of Judges and Public
Prosecutors from among the candidates nominated by the Court of Appeals and the Council of
State. On the other hand, the President selects the members nominated to the Court by the
Military Administrative Court of Appeals.
According to the 1982 Constitution should there be disagreement as to who has
jurisdiction between any of the other Courts and the Constitutional Court, then the ruling
rendered by the Constitutional Court will take precedence over the ruling of the other courts.
I. The Court of Accounts
The role of the Court of Accounts is to audit all accounts of revenue, expenditure and
government properly and render rulings related to transactions and accounts of authorized
bodies on behalf of Parliament. The Court of Accounts also functions in a judiciary capacity,
and its verdicts so rendered Administrative Courts.
J. The Supreme Council of Judges and Public Prosecutors
The President of the Supreme Council of Judges and Public Prosecutors is the Minister
of Justice. The Council was formed to function under the precept of the independence of the
Courts and the principle of security for judges. The Counsellor of the Ministry of Justice is
automatically a member of the Council. Three permanent and three reserve members of the
Council are appointed by the President of the Republic for a term of four years. These are
selected from among three candidates for each of the vacant offices nominated by the general
assembly of the Court of Appeals from among its own members.
Two permanent and two reserve members are also appointed in a similar manner from
among three candidates nominated for each vacant office by the general assembly of the
Council of State from among its own members. The members of the Supreme Council may be
reelected to office when their tenure ends.
The Supreme Council of Judges and Public Prosecutors is an independent organization
and has the dual function of acting as the Supreme Council of Judges and as a body to review
objections.
The functions of the Council are as follows:
- To elect the members of the Court of Appeals, the Council of State and the Court of
Jurisdictional Disputes.
9
- To decide whether any proposal made by the Minister of Justice related to the abolition of a
Court or judicial post or to a change in the jurisdictional direction of any court is or is not
appropriate.
- To deal with administrative matters concerning Judges of the Administrative and Judicial
Courts and Public Prosecutors who are not members of the Court of Appeals of the Council of
State.
K. The Judicial System in Turkey
According to Article 9 of the Constitution, judicial power is exercised by independent
courts on behalf of the Turkish Nation.
The basic principles of the independence of courts and security of judges and public
prosecutors are arranged and cited separately under the heading of "Judicial Power" of the
Constitution. (Articles 138-160)
According to these Principles:
a) No organ authority, office or individual may give orders or instructions to courts or judges
relating to the exercise of judicial power, or send them circulars, make recommendations or
suggestions. Moreover, no questions can be asked, debates held, or statements made in the
Legislative Assembly relating to the exercise of judicial power concerning a case under trial.
Legislative and executive organs and the administration have to comply with court decisions;
these organs and the administration shall neither alter them in any respect nor delay their
execution. (Article 138)
b) According to Article 139 of the Constitution, " Judges and public prosecutors shall not be
dismissed, or retired before the age described by the Constitution; nor shall they be deprived
of their salaries, allowances or other rights relating to their status, even as a result of the
abolition of court or post". With this Article, the security of tenure and other rights of judges
and Public prosecutors are protected.
c) The Supreme Council of Judges and Public Prosecutors 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.
The Supreme Council of Judges and Public Prosecutors is headed by the Minister of
Justice, The Undersecretary to the Minister of Justice is an ex-officio member of the Council.
Five members of the Council are appointed by the President of the Republic from a list of
candidates, 3 of whom nominated by the Plenary Assembly of the High Court of Appeals and
2 by the Plenary Assembly of the Council of State. The substitutes to these regular members
are appointed through the aforementioned method.
d) The provisions of the Constitution are fundamental legal rules binding upon legislative,
executive and judicial organs, and administrative authorities and other agencies and
individuals. Moreover, laws shall rat be in conflict with the Constitution (Article 1l ). For the
10
functioning of this Article, the Constitutional Court has established and was included among
the other higher courts stated in the Constitution. The Constitutional Court examines the
Constitutionality in respect of both form and substance of laws, decrees in force of law and
the rules of procedure of the Turkish Grand National Assembly (TGNA). The President of the
Republic, Parliamentary groups of the Party in power and of the main opposition party, and a
minimum of one-fifth ( 90 MP's) of the total members of TGNA have the right to apply for
annulment action to the Constitutional Court, based on the unconstitutionality of laws in form
and in substance, of decrees in force of law, of Rules of Procedure of TGNA or of specific
articles or provisions thereof. If a court which is trying a case finds that the law or the decree
having force of law to be applied is unconstitutional, or if it is convinced of the seriousness of
a claim of unconstitutionality submitted by one of the parties, it postpones the consideration
of the case until the Constitutional Court decides on this issue.
In the Turkish legal system, civil, administrative and military justice is regulated
separately.
In accordance with Article l43 of the Constitution, the State Security Courts were also
established to deal with the offenses against the indivisible integrity of State with its territory
and nation, the free democratic order, or against the Republic whose characteristics are
defined in the Constitution, and offenses directly involving the internal and external security
of the State. Moreover, the State Security Courts dealed with illegal trafficking, drug
smuggling and kidnapping. However, following a series of judgments delivered by the
European Court of Human Rights, art. 143 was abrogated and successively, these courts
abolished.
The decisions and judgments given by civil courts are appealed to the Court of
Cassation.
Military justice is carried out through the Military courts and military disciplinary
courts. These courts, unless the contrary is stated in the law, have jurisdiction to try military
personnel for military offenses, for offenses committed by them against other military
personnel or in military places, or for offenses connected with military service and duties.
Military High Court of Appeals is the last instance for reviewing decisions and
judgments given by military courts.
Recourse to judicial review is open against all actions and acts of the administration.
The administrative justice system consists of Administrative Courts, Audit Courts, and
Regional Administrative Courts. The administrative decisions and judgments of courts can be
appealed to the Council of State.
The High Military Administrative Court of Appeals is the first and last instance for the
judicial supervision of disputes arising from administrative acts and actions involving military
personnel or relating to military service, even if such acts and actions have been carried out by
civilian authorities.
11
L. Latest Legislative Developments in the Field of Human Rights in Turkey2
The purpose of this sub-section is to report the legislative amendments implemented in
Turkish Law throughout the period comprising the years 2000-2004, in order to enhance the
effective protection of human rights. The bulk of these amendments have been made thanks to
the so-called ‘Harmonisation Laws to the European Union’. These acts consist of a series of 7
package-deals3, which brought about changes in almost all of the fundamental laws, including
the Constitution. A latest development is the enactment of the new Criminal Code, Criminal
Procedure Code and Code on Execution of Sentences and Prevention Measures. This section
aims at outlining the amendments enacted, by comparing it to the previous situation.
La. Right to Security and Liberty of Person
The Act no. 4709 of 3.10.2001 amended art. 19 of the Turkish Constitution, regarding
the right to liberty and security. The amendment consists of three points.
Firstly, the maximum statutory custody periods have been reduced significantly. Until
quite recently, Turkish Law allowed for custody periods which stretched up to 15 days 4. After
the amendments made in 2001 and 2002, the Constitution (art. 19 (5)), had reduced the
custody periods to a maximum of 48 hours5 in ordinary cases and a statutory maximum of 4
days for crimes committed in participation by at least three accomplices. According to art. 91
of the new Code of Criminal Procedure, a person who is arrested shall be immediately
brought before the prosecutor who may release him or decide to retain him under custody. In
such case, the custody period may not exceed 24 hours. However, an additional time of 12
hours may be granted in order for the arrestee to be taken before the nearest judge or court.
Note that the 12-hour extra time may only be used up if indispensable for transportation.
As an exception, for crimes committed together by at least three accomplices (technical
‘participation’ is not required), and based on either ‘difficulties in the gathering of evidence’
or the ‘large number of supects’, the prosecutor may extend the custody period for one day
each time, for a total maximum of three more days. Finally, according to CCP art. 251 (5), in
areas where ‘public emergency’ has been declared, the statutory maximum period allowed
may stretch up to seven days. However, in Turkey there is actually no such zone. Even if
there was, this extraordinary provision would still comply with the ECHR due to the
derogation provision included in art. 15. Furthermore, note that according to art. 251 (5) in
question, after the initial four days of custody, only the judge may rule for a further
extension6.
While the previous provision allowed for periods stretching up to 15 days; after the
latest adjustments, revised art. 19/5 of the Constitution provides that the custody period may
not exceed 48 hours in normal cases and 4 days for crimes committed in participation by at
2
This report is largely a reproduction of the same-titled article published by Öztürk, Bahri and Önok, R. Murat
in ‘Rotary and the Next Europe A Renaissance Challenge’ (Vienna 2005), at pp. 177 et seq.
3
Act no. 4709 of 3.10.2001; Act no. 4744 of 6.2.2002; Act no. 4771 of 3.8.2002; Act No. 4778 of 2.1.2003; Act
No. 4793 of 23.3.2003; Act No. 4928 of 15.7.2003; Act No. 4963 of 30.7.2003.
4
For various judgments holding Turkey in violation of art. 5 (3) of the European Convention on Human Rights see
inter alia Sakik and Others/Turkey, 26.11.1997; Gündüz and Others/Turkey, 14.11.2000; Aksoy/Turkey, 8.12.1996;
Günay and others/Turkey, 27.9.2001; Akbay/Turkey (friendly settlement), 2.10.2001; Leyla Zana/Turkey, 26.11.1997;
Demir and others/Turkey, 23.9.1998; Dikme/Turkey, 11.7.2000.
5 Except the transportation time needed to send the suspect to the nearest tribunal.
6
Although this provision creates a measure that is somewhere in the midst of arrest and pre-trial detention, at least it
provides compliance with the ECHR.
12
least 3 accomplices. This rule complies with the requirements of the European Convention on
Human Rights. Only in time of war or public emergency, the period may be prolonged to 7
days by an order of the judge. This exception is based on ECHR art. 15 and seems
proportional to the strict exigencies of extraordinary circumstances.
Secondly, revised Constitutional art. 19/6 provides that the relatives of the detainee or
arrestee be ‘notified immediately’. The previous provision allowed for an exception to this
rule in cases where notification would have revealed the content of the proceedings, thus
prejudicing its integrity. Such exception has been abolished. The same rule had been inserted
into the previous Turkish Criminal Procedure Code (art. 107/1, 128/3) and the Act on the
Duties and Competences of the Police (ADCP art. 13/5). The newly enacted Criminal
Procedure Law art. 131 also provides that the custody period may not exceed 24 hours and, as
a last resort, three days in cases when the crime has been committed in complicity and subject
to a decision to be passed by the competent judge.
Thirdly, Constitutional art. 19/in fine now provides the right to compensation for
victims of unjust arrest and detention, ‘in accordance with general principles of obligation
law’. This clause is intended to induce judges to award a just compensation.
Lb. Right to a Fair Trial
Firstly, the right to a fair trial has been explicitly incorporated into the text of
Constitutional art. 36.
The status of the State Security Courts was a source of major concern. These courts
used to try suspects who acted against the territorial integrity of the State.
One problem was the presence of a military judge on the bench; an issue which,
according to the European Court of Human Rights, prejudiced the ‘impartial appearence’ of
the Court, thus violating the right to a fair trial. Turkey’s response to the problem was
consistent with hte judgment. In fact, the military judge was removed from the bench.
Art. 16/in fine of the Act on State Security Courts (ASSC) provided that until the
indictment be deposited to the court, a judge may be present while the suspect confers with a
lawyer. This provision has been abolished by the Act no. 4748 of 26.3.2002.
Furthermore, according to art. 16/4 of the ASSC, a person under custody was only
allowed to confer with a lawyer after the initial 48 hours. On 15.7.2003, this provision was
abolished. Therefore, it is now possible for all suspects to confer with a lawyer at any stage of
the preliminary investigation, including the interrogation by the police.Both above-mentioned
amendments bring national law in line with the requirements of ECHR art. 6/3.
The most important step came however, with the total abolishment of State Security
Courts, in 2004. The new Criminal Procedure Code has conferred the cases which once fell
within these courts’ jurisdiction to the general criminal courts.
13
On 2.1.2003, a new provision, establishing that the written recommendation of the
Chief Publis Prosecutor7 be notified to the defendant, was put into force (previous TCPA art.
316)8.
A very important development was the incorporation of a new ground for revision in
the previous TCPA. By the act no. 4793 of 23.1.2003 (which abolished the relevant provision
of the act no. 4771 of 3.8.2002 also regarding the same issue); art. 326 of the TCPA,
regarding the revision of sentences, was expanded in order to take into account the effects of
judgments rendered by the European Court of Human Rights. According to this provision, if a
final judgment of the Court establishes a national criminal judgment to have been rendered in
violation of the Convention, this fact constitutes a ground for the revision of the sentence. The
same provision is found in tne new Criminal Procedure Code.
Finally, another important development, is the amendment made to the Act on the
Establishment, Jurisdiction and Procedure of the Juvenile Courts. By the act no. 4963 of
30.7.2003, these courts will now judge any child who was under 18 at the time of the crime’s
commission. Previously, the age threshold was 15. The newly enacted ‘Child Protection
Code’ also provides that any minor below the age of 18 shall be considered a child, and be
treated consequently in criminal proceedings.
Lc. Right to Respect for Privacy and the Home
Act no. 4709 of 3.10.2001 amended Constitutional article 20 (privacy), 21
(inviolability of domicile) and 22 (freedom to communication). According to the new
provision, in order to perform a search or seizure or to intercept communications, it is
obligatory to previously obtain a decision by the competent judge. Even in cases where delay
is deemed to be prejudicial, these acts may not be performed unless a written order is issued
by the competent authority. ADCP art. 9 has also been amended consequently.
A regulation put into force on 24.5.2003, regarding judicial and preventive search,
provided for various exceptions to this strict requirement, especially in cases when the victim
consented to the act. However, the Turkish Council of State, ordered the stay of this provision
and its legality is now being analysed by the Council.
The Act on Execution of Sentences and Prevention Measures prescribes that the
communications of the lawyer with the client as well as the documents regarding the defence
may not be intercepted or examined.
Ld. Freedom of Expression
The presence of varios provisions to fight against terrorism was the focus of attention
of international human rights organisations and the cause for various applications against
Turkey in Strasbourg. Article 159 (defamation of constitutional institutions) and 312
(incitation to commit crime) of the previous Turkish Criminal Code and article 8 (propaganda
against the indivisibility of the State) of the Act on the Fight Against Terrorism were
7
This document contains the opinion as to the merits of the case of the Chief Public Prosecutor in criminal cases
brought before the Court of Cassation by way of appeal.
8
The failure to do so, had previously resulted in Turkey’s conviction before the ECHR; see Göç/Turkey,
11.7.2002 (Grand Chamber).
14
especially analysed. The ECHR did not find the presence of such articles to be in
contravention of the Convention per se (by itself) but hold that the implementation of these
provisions by Turkish courts often violated the requirements of proportionality and necessity
of the intervention in a democratic society9.
Even so, article 8 of the Act on the Fight Against Terrorism has been abolished on
15.7.2003. The same act also amended art. 1, regarding the definition of ‘terror’ and
‘organisation’, bringing a more accurate provision. On 30.7.2003, art. 7 of the Act, regarding
terrorist organisations has also been amended in order to take place of the previous art. 8.
On the other hand, art. 312/2 of the previous Criminal Code had also been amended on
6.2.2002 to include the criteria of ‘constituting a threat to public order’ for the conduct to be a
crime. Similarly, a paragraph providing that ‘expressing opinions with the purpose of
criticising, without intending to defamate or insult’ do not require punishment. The new
Turkish Criminal Code art. 216 is to similar effect. Although the latter paragraph has not been
incorporated to the new provision, the general rules of criminal law lead to the same
conclusion. On the other hand, the criteria of ‘constituting a threat to public order’ has been
developed and refined to ‘constituting a clear and present danger to public order’. This new
provision is exactly in line with international and comparative law standards.
With these latest changes, it is intended to expand the scope of the freedom of expression and
prevent convictions based on abstract declarations of views and opinions which do not pose a
serious threat (a clear and present danger) to public order.
Le. Death Penalty
Turkey has ratified and thus became party to the 6th additional protocol to the ECHR
on 26.6.2003 and the 13th additional protocol on 17.11.2005.
The developments regarding the national prohibition of the death penalty consist of
three steps. Firstly, on 3.10.2001, article 38 of the Constitution was amended in order to
include a prohibition on the application of the death penalty, with the exception of war time,
imminent threat of war and terrorist crimes. Secondly, the Turkish Criminal Act was amended
on 15.7.2003, abolishing all death penalties (including for terrorist acts) but preserving the
‘war time and imminent war threat’ exceptions. Finally, the Turkish Parliament just approved
a new act on 8.5.2004, which includes a general prohibition regarding the death penalty,
applicable at all times.
Lf. Exclusion of Illegally Obtained Evidence
According to the previous TCPC art. 254/2, the verdict of the court could not be
substantiated on evidence unlawfully obtained in the course of the preparatory investigation
by the prosecution authorities. However, by the act no. 4709 of 2001, a much more
comprehensive prohibition was directly incorporated into the Constitution itself. According to
this amendment, indicium obtained in contravention of acts (codes), can not be regarded as
evidence.
See, inter alia, the judgments convicting Turkey following the applications of İncal, Mehdi Zana, Ceylan,
Arslan, Gerger, Polat, Karataş etc.
9
15
There are various differences between the two provisions, which can be summarised as
follows:
- the new prohibition, since incorporated into the Constitution, also applies to civil,
administrative, military and constitutional proceedings
- since the constitution is binding on everyone, the new prohibition also applies to
private citizens, not only investigative authorities
- previously, the evidence had to be obtained unlawfully, i.e., in violation of a person’s
rights. The new provision considers any violation of any act, even a formal violation
which does not prejudice any right of the interested party, to be sufficient for the
exclusion of evidence
- previously, the evidence could not be taken into account when coming to a verdict;
now, it can not even be considered as evidence, therefore can not be included in the
case file.
- The problem regarding the indirect effect of illegally obtained evidence (‘the fruit of
the poisenous tree’ doctrine) does not constitute an issue anymore; any further
proceedings based upon the illegal evidence, will also be unlawful.
Art. 206/2-a of the New Criminal Procedure also provides that the use of evidence
obtained in contravention to codes and acts in force shall be rejected. It is interesting that all
these provisions excede by far the standards set out by the European Court of Human Rights
in its’ judgments regarding art. 8 on the protection of private life10.
Lg. Hierarchy of International Norms
According to Constitutional art. 90, once ratified in accordance with law, international
treaties become binding and directly make part of domestic law. Furthermore, unlike other
acts and statutes, their constitutionality may not even be challanged. However, despite these
rules, the hierarchical value of international norms was questioned in Turkey. With the act
passed by the Turkish Parliament on 8.5.2004, it has been accepted that in case of conflict
between national laws and international norms, the latter shall apply.
Lh. The International Criminal Court
Turkey is making preparations in order to accede to the Rome Statute on the ICC. As
part of it, the Turkish Parliament has passed an act on 8.5.2004 which allows, as an exception
to the general rule, the extradition and/or surrender of a citizen to other states and/or the
Court. This provision was incorporated into both Constitutional art. 38 and art. 18 of the new
Criminal Code.
On 6 October 2004, the Premier Recep Tayyip Erdogan, speaking before the Council
of Europe’s Parliamentary General Assembly, has declared that Turkey will be a party to the
Statute ‘in the near future’11.
Li. The Fight Against Torture
The penalties for the crime of torture had been increased in 1999. With a new
amendment enacted on 2.1.2003, the possibility to suspend these sentences or turn them into
10
See for instance, inter alia, Khan v United Kingdom (2000) 31 EHRR 45; PG&HJ v United Kingdom (2001)
HRCD 707.
11
http://www.akparti.org.tr/haber.asp?haber_id=10895&kategori=8
16
fines had been prohibited. According to the same act, contrarily to other crimes committed
during duty by civil servants, investigations based on torture allegations may be initiated
directly by the prosecutor, without seeking prior approval by the servant’s institution. In
addition, act no. 4963 of 30.7.2003, by adding a provision to the TCPA (add. Art. 7)
implements measures which will help to expedite the investigation and prosecutions based on
torture and ill-treatment (Turkish Criminal Code art.s 243 and 245).
According to act no. 4748 of 26.3.2002, the State may hold officers who commit
torture financially responsible for compensations paid by the State to the victims (Revised art.
13/2 of the Act on Civil Servants).
The new Turkish Criminal Code, went further by expanding the scope of application
of the crime and also prescribes many aggravating circumstances, and in general, heavier
penalties (artt. 94-95). According to the new Code, all civil servants may be the perpetrators
of the crime of torture. In addition, the category of those who may be the victims of the crime
has also been expanded, to cover all persons; while before, only subjects of criminal
procedure were envisaged as victims. Finally, the crime’s ‘mens rea’ (subjective element) has
been changed to general intent, instead of specific intent; another change which will
undoubtedly expand the scope of application of the article.
As a further innovation, art. 96 of the new Criminal Code also punishes ordinary
persons who commit acts of the nature of torture, under the crime of ‘torment (eziyet)’.
Lj. State Security Courts
The institution and functioning of State Security Courts had caused several problems
for Turkey before the Strasbourg organs.
Firstly, the incorporation of certain crimes within the material jurisdiction of the
Courts had been questioned by the European Court. Secondly, the presence of a military
judge in the bench, prejudiced the independance and impartiality of the Court, thus violating
art. 6 of the ECHR12.
Turkey first excluded crimes not regarding the integrity of the State from the
jurisdiction of the State Security Courts and then, on 18 June 1999, Turkey's Grand National
Assembly amended Article 143 of the Constitution and excluded military members (whether
of the bench or of the prosecutor's office) from state security courts.
Finally, on 8.5.2004, the Turkish Parliament passed an act which abrogates
Constitutional art. 143, regarding the establishment of State Security Courts. The final aim,
was to abolish the State Security Courts in a short-term. This goal has been achieved with the
enactment of the new Criminal Procedure Code.
Lk. Freedom of Assembly and Association
In past, the banning and dissolution of political parties by the hand of the
Constitutional Court were held to be disproportionate in view of article 11 of the ECHR13.
12
13
See İncal/Turkey, 9.6.1998.
See United Communist Party of Turkey/Turkey, 30.1.1998; Socialist Party and Others/Turkey, 30.5.1998.
17
With the Act no. 4709, Constitutional art. 69 was amended to provide for stricter
conditions for the banning of parties and penalties alternative to dissolution were also
prescribed. Consequently, the Act on Political Parties has also been amended on 26.3.2002.
Ll. The New Turkish Criminal Code
On 26.9.2004, a new Criminal Code, which entered into force on June 1st, 2005 was
enacted by the Turkish Parliament (Act no. 5237).
The new Turkish Criminal Code (Act no. 5237) brings about many innovations. Right
from the first article, which provides that the purpose of the Code is to ‘protect fundamental
rights and freedoms, the rule of law, public health and the environment, social peace and to
prevent the commission of crimes’, emphasis has been given to human rights.
The principle of legality (nulla poena, nullum crimen sine lege) has been laid down in
detail and elaborated very strictly (art. 2). The principle of equality before law and justice has
been laid down in art. 3.
Article 18 regarding extradition is in line with the related European Convention and
the Rome Statute on the International Criminal Court.
Genocide and crimes against humanity have been incorporated for the first time to the
Criminal Code (art.s 76 and 77). The crimes of migrant smuggling and trafficking in human
beings are also laid down in the Code, in accordance with the United Nations Convention
Against Transnational Organized Crime and the additional Protocol to Prevent, Suppress and
Punish Trafficking in Persons and the Protocol against the Smuggling of Migrants by Land,
Air and Sea.
Trafficking human organs (art. 91) and performing scientific experiences on human
beings (art. 90) have also been prohibited, subject obviously, to some exceptions configured
in line with internationally accepted standards.
Crimes of a sexual nature have been re-designed to suit modern sociological
understandings. The sexual exploitation of children has been elaborated in detail (art. 103).
Crimes committed against the sphere of private life have also been laid down in great
detail (art.s 132 et seq.).
Crimes against personal physical and moral integrity and property have been adjusted
to suit the developing technologies.
In articles 181 et seq., crimes against the environment have been incorporated.
Certain crimes committed against national or international aviation or maritime
transportation and others committed on continental shelves or exclusive economic zones have
been laid down in art.s 223 and 224, in accordance with international instruments to which
Turkey is also a party.
Acts which may prejudice the right to a fair trial (for ex. violation of the privacy of
the trial, unconsented audio or video recording) have also been prescribed (art.s 285 et seq).
18
Crimes committed against the State (the sovereignty symbols and moral integrity of
Stat organs, security of the State, constitutional order and its functioning, national defence,
espionnage and confidential information) have been penalised with lighter sentences
compared to the extremely harsh system of the previous code.
The new provisions regarding torture and the freedom of speech have already been
mentioned above.
Finally, misdemeanours (crimes of a lesser importance) have been removed from the
Criminal Code. A separate code punishing such acts through administrative penalties has later
been put into force.
In brief, the new Turkish Criminal Code has been prepared with the ideal of reflecting
the modern criminal law and human rights understanding of fellow European Countries.
§ Lm. The New Criminal Procedure Code and the Code on Execution of Sentences and
Prevention Measures
On 4.12.2004, a new Criminal Procedure Code (Act no. 5271) and on 13.12.2004, a
new code regarding criminal enforcement law (Act no. 5275) have been enacted. Both codes
entered into force on June 1st, 2005, contemporaneously to the new Criminal Code.
Some of the major innovations brought by the new Criminal Procedure Code consist of
the following:
- The abolition of the rule regarding the possibility to refrain from the duty to testify in
cases when the interests of the State in withholding secret information so require
- The prohibition to resort to expert testimony in cases which the judge may solve
through his personal legal and technical knowledge and experience
- The possibility to resort to the examination of body liquids and molecular genetic
examinations
- The changes made in the system of precautionary measures (such as arrest, preventive
detention, search, seizure). The principles of proportionality, the fact that resorting to
these measures is a ‘ultima ratio’ (last resort) possibility and the absolute respect for
fundamental rights in the implementation of these acts has been emphasised. For
example, the grounds for deciding to perform a preventive detention, are much more
restricted as they have been listed out exclusively. It is also possible to implement a
system of so-called ‘judicial control’ where the person is in liberty but under strict
control, instead of depriving him/her of personal liberty. In general, the suspect is
afforded more guarantees throughout the whole process
- The possibility to resort to special precautionary measures (such as the appointment
of a covert agent or the tapping (interception) of tele-communications) has been laid
down, but obviously, under strict circumstances and subject to judicial scrutiny
- The right for a person who has suffered material or moral damage deriving from the
illegal implementation of a precautionary measure to claim compensation from the
State
- The enhancement of the right to consult a lawyer and an expansion in the duties and
authorities of the lawyer appointed to the defendant; so as to provide the effective
application of the principle of ‘equality of arms’
- The establishment of a judicial police system, in order to make sure that the
preparatory investigation is carried out properly
19
As for the new Code on Execution of Sentences and Prevention Measures, it is worthy
of notice that:
- The basic principle in the enforcement of penalties is the respect for equality between
convicts and the respect for human dignity, resulting in a prohibition of cruel,
degrading or inhuman treatment (art. 2)
- The basic purpose of criminal enforcement is, inter alia, to treat and re-socialise the
prisoner (art. 3)
- The creation of a law enforcement system which complies with the requirements of
respect to human dignity; by making sure that every prisoner is sent to an institution
which is proper to his/her age, sex, character and the possibility to resort to alternative
systems of execution, such as enforcing the sentence just over the week-ends or at
night; or the possiblity under certain conditions for women or elderly to have their
sentences enforced at their own house
- Most important of all, the fact that for the first time the rights and obligations of
prisoners have been openly laid down in the Code (articles 114-116).
Ln. Other Developments
The delay by the State in the payment of the compensations for expropriation, joined
with the very high inflation rate in Turkey, caused applications based on the violation of the
right to enjoyment of possession enshrined in art.1 of the First Additional Protocol to the
ECHR14.
On 3.10.2001, Constitutional art. 46 was amended to prescribe that in case of
expropriation, the compensation paid must be cash and must cover the true value of property.
In case of installment, the highest interest rate applicable for state credits must be applied.
The Act on Expropriation has also been amended in order to provide that the proceedings for
expropriation may only be commenced if sufficient allocation (allowance) is available.
On 8.5.2004, a provision establishing that it is the duty of the State to establish
equality between man and women was incorporated to the Constitution, in addition to the
general principle of equality already embodied in art. 10.
Another development, is the abolishment of the prohibition on the use of a non-official
State language in daily life, art and - most important - education.
Finally, on 3.12.2003, Turkey also paid the compensation arising from the openly
political and highly contested Loizidou case.
Lo. Conclusion
The account provided above is, in fact, self-explicative. The way that Turkey has come
over the last few years in her quest to catch up with European standards is astounding. Turkey
has managed to enact and implement changes which took other countries hundreds of years
just to discuss over it. When five years ago, in Helsinki, it had been declared that Turkey
could have been candidate to full-membership, if one day she managed to fulfill the
14
See to that effect Akkuş/Turkey, 9.7.1997.
20
Copenhague criterias, that day seemed unreachable to many. To our European friends, who
probably could not have envisaged such a rapid advance and development by Turkey and
maybe, to the sceptical majority in Turkey, who thought that little would change. But now,
just five years later, Turkey has managed to do the unthinkable and has rightly been awarded
by the European Union on December 17th by officially achieving the status of ‘candidate
state’.
§ 2. ‘BEAUTIFUL İZMİR’15
İzmir is the third largest city in Turkey with a total land area of 12.762 km2 and a
population of more than three million people. This city, which carries great significance as
one of Turkey's most important socio-economic and cultural centres, also has with in its
borders the biggest Gulf to be found along the country's Aegean coast.
İzmir, a beautiful cosmopolitan city, also known as Smyrna, lies at the head of the
İzmir Gulf in the Aegean Region.
The original city was established in Bayraklı and had fallen under the influence of the
Hittite Empire, the Ionian Federation, the Lydian and Persian rules one after another. Finally,
in 1415, İzmir became part of the Ottoman Empire.
The climate of İzmir is mild and its continous breezes refresh in summer. İzmir is the
third largest city in Turkey and its port is the second. This lively city is also famous for its
International Art Festival (June/July) and the International Fair (August/September).
The Archeological Museum, the Ethnography Museum, the Atatürk Museum, the Fine
Arts Museum, the Natural History Museum, the Tire Archeological Museum and the Odemis
Archeological Museum are the most famous places of interest. İzmir is also famous for its
historical sites and monuments like Kadifekale, Saint Polycrap Church, Kızlarağası Han (Inn)
and the Ancient Izmir Clock Tower.
Shopping in İzmir is an exciting experience. It is possible to find fascinating jewelry,
antiquities and clothing in the Kemeraltı Grand Bazaar.
Ephesus (Efes), Pergamum (Bergama), Sardis are examples of historical sites outside
İzmir and it is possible to arrange daily tours to visit these fascinating places.
İzmir is also famous for its beautiful coast – clear blue sea with excellent holiday
accommodations and fish restaurants. Çeşme- 80 km.s from İzmir – is the most famous
holiday resort.
15
See
http://www.izto.org.tr/IZTO/IN/Pearl+of+Aegean/For+Pleasure/
http://www.izmirturizm.gov.tr/default.asp?L=EN
and
21
A. What's the weather like?
When you arrive at Izmir you will be greeted by a
very clean atmosphere, which you will appreciate
better after you have breathed in the air. The
reason for this is the fact that Izmir is located in
one of the world's largest oxygen zones. If you visit
Izmir City during the summer, which lasts from
March till October, hot and sunny days await you.
However, if you visit the months of November and
March, Do not be surprised to find cool rainy days,
which provide mild and beautiful winter weather in
the city. Izmir posses such a climate that even
during the winter there is no drastic changes in
temperature. The Aegean coast has a unique cool
wind during the summer months that temper the
high temperatures, acting as a natural air-conditioner, which keeps you feeling cool and fresh all
day.
Average Yearly Temperatures
Summer
28o C
Winter
12o C
Average Yearly Sea Temperatures
January
11o C
April
15o C
July
26o C
October
21o C
Average Yearly Precipitation
Summer
40 kg/m2
Winter
250 kg/m2
30o C
14
12o C
17o C
28o C
23o C
Izmir is located at the most western part of Turkey and as a result of this geographical position a
western style of life is combined with Turkish customs and habits.
This modern city still retains traces of its ancient, Ottoman and Levantine past. Being the hub of
the Levantine community, Izmir has long been a centre of culture and civilization where Judaism,
Christianity and Islam have always co-existed peacefully.
Izmir is one of the cities where the education level is the highest in Turkey. Izmir has a share of
11.2% in the total number of schools of Turkey and a share of 11.62% in the total number of
students. The young people of Izmir generally speak English.
Having long enjoyed a reputation as a
cosmopolitan and cultural city, Izmir thrives in
art and culture. The Izmir Cultural Centre hosts
opera, ballet and music performances. Every
year the city holds the Izmir Internatonal and
Turkish Festival which invites both international
and Turkish artists to perform at venues
throughout the city.
22
When it comes to shopping, there is no shortage of variety. Izmir provides excellent shopping
facilities, where you can buy antiques, jewellery, souvenirs, clothes traditional food and anything
else that comes to mind.
Visitors will find a superb range of accommodation, restaurants and entertainment facilities. There
are many museums, historical sites, recreational centres and the International Fair that make Izmir
a paradise for tourists attracting not only local people but also visitors from all over the world.
Outside of Izmir there are many other beautiful
spots that are well worth visiting. Those interested
in nature can head off to Camaltı or Yamanlar
Camlığı for bird watching or picnicking .
There are also many tourist places in the vicinity of
Izmir such as Çeşme, Foca, Kuşadası, Bodrum,
Ayvalık, Gümüldür and Dikili offering visitors
unspoilt bays and beaches, a wide range of
accommodation, restaurants, bars, discos and
shopping facilities.
B. History
Izmir is said to have derived its name from Smyrna, the beautiful queen of
the Amazons, the legendary female warriors.
Excavations have revealed that the earliest settlement in Izmir was founded
in the 3rd Millenium B.C. at present-day Bayraklı. By 1500 B.C. the city was
subject to the influence of the Hittite Empire of Central Anatolia.
In the 10th century B.C. Izmir then known as Smyrna, was one of the key
cities of the lonian Federation and it was during this period that the city
experienced one of its most brilliant periods.
The conquest of the city by the Lydians around 600 B.C. brought this period
to an end. It was then again conquered by the Persians in the middle of the
6th century.
Alexander the Great put an end to the sovereignty of the Persians in the 4th century B.C. and
ordered a new city to be built on the slopes of Mt. Pagos ( Kadifekale ). The city' s Roman period
from the 1st century B.C. was its second brilliant epoch.
Christianity in Izmir
Smyrna was the home of one of the Seven Churches of Revelation and
played a significant role in the development of the church. St. Polycarp, the
first bishop of Smyrna, was one of the disciples of St. John.
He was born in Anatolia around A.D. 70. He was martyred for his faith by the
Romans in 155. When the Roman Empire was divided in 395, Izmir became a
part of the Eastern Roman Empire, known as the Byzantine Empire. During
the Byzantine period Arabs, Byzantines, Seljuks, Crusaders, and Genoese
23
fought for its treasures.
The Arabs first captured the city from the sea in 672 and used it as a base for their raids on
Constantinople ( Istanbul ).
Towards the end of the 11th century the Seljuks advanced as far as the Aegean Cost and captured
Smyrna. The city remained in their hands until it was captured by the Byzantines in 1097, at the
beginning of the first Crusade.
The Genoese controlled the city for a long time. In a treaty, the Byzantine Empire granted the
Genoese extensive concessions that included full control of Smyrna. The Genoese claimed Smyrna
as their own and built a castle under the name of "St. Peter". The Genoese kept Smyrna until 1310
when the city was taken from them by Umur Bey, the Emir of Aydın.
In 1344 The Genoese recaptured the castle of St. Peter, controlling the lower city of Smyrna while
Umur Bey held the upper part. In the middle of the 14 th century the castle and the lower town
were controlled by the Knights of St. John from Rhodos Island. In the 15th century the Mongols
invaded the city and razed the castle to the ground. In 1422 Murat II conquered Smyrna and from
then on the city remained under Ottoman Rule.
When the Ottoman Empire granted capitulations to
foreign tradesmen Smyrna became an important
center for trade. In the 18th and 19th centuries the
city became very popular among the French,
English, Dutch and Italians.
This multi-national and multi-religious trade center
of the Ottoman Empire was invaded by the Greek
Army on the 15th of May, 1919 following the treaty
that ended World War I. The invasion ended on the
9th of September, 1922.
The biggest fire in the history of the city broke out
four days later.The fire destroyed a large section of
the city but it rose again like a Phoenix from its ashes after the proclamation of the Turkish
Republic in 1923.
C. Historical Sites
IZMIR AGORA
Etymologically, agora means Public Square and
shopping district. The Agora, which had commercial,
judicial and political functions,was a place where the art
activities increased, the background of philosophy was
laid out and where the stoas, monuments, altars and
statues existed. The Agora located in Namazgah district
of Izmir remains from the Roman Period (AD 2nd
century) and it was built according to the Hippodamos
city plan, in three floors, close to the centrum. The
Izmir agora is the biggest and the best preserved of
the Ion agoras.
IZMIR ARCHAELOGY MUSEUM
The first archaeology museum in Izmir was opened to
visitors in 1927 at Ayavukla (Gözlü) Church in Tepecik
24
after three years of work collection activities . The second
archaeology museum was founded in 1951 at Culture Park.
As excessive works were brought from neighbouring ancient
cities a new museum was required
A new and modern museum was established on a 5000m2
area in Bahribaba Park in Konak and the museum was
opened to visitors February 11th, 1984.
The museum was established
museum
exhibition
halls,
photography-rooms, libraries,
number of monuments located
garden is more than 1500.
to meet all needs with its
laboratories,
warehouses,
and conference halls. The
in the museum building and
IZMIR ATATÜRK MUSEUM
The building was deserted by its owner on September 9th, 1922 and transferred the ownership of
the Treasury. The Turkish army who entered to Izmir used this place as headquarters. Atatürk
carned out his personal activities here when The Izmir Economy Congress gathered on February
17th, 1923. At the end of the congress, the headquarters moved from this building and the
Treasury hired out the building to Mr. Naim to be used as a hotel. When Atatürk came to Izmir on
June 16th, 1926, he stayed in Naim Palas with İsmet Pasha. The building was purchased by Izmir
Municipality on October 13th, 1926 and given to Atatürk as a gift with some new furniture. On
every visit to Izmir, Atatürk stayed in this house between the years 1930 - 1934. Upon the death
of Atatürk on November 10th, 1938, the house was inherited by to his sister Makbule Baysan . On
September 25th, 1940, Izmir Municipality expropriated the house in order to make it a museum.
KIZLARAGASI HANI (THE GIRLS MASTER'S INN)
Kızlaragası Hanı with its special ambiance was built by Hacı Beşir Ağa in 1741, next to Hisar
Mosque. An Ottoman Inn is typically wholly built of stone. There was a courtyard with a small
mosque in the middle. Today this inn is restored and being used as a shopping mall.
KADİFEKALE (THE VELVET FORTRESS)
Kadifekale (the Velvet Fortress)is located on Mount Pagos, overlooking the area.This castle built in
the 3rd-centruy BC provides a marvellous view of the Gulf of Izmir.
ASANSÖR (HISTORICAL LIFT)
The Historical Lift is another symbol of Izmir. In old Izmir, Jewish people were living in mastic
houses on the both sides of the street . In order to facilitate the people who had to climb 155 steps
to go from Mithatpaşa Street to Halilrıfat Paşa Street, Jewish Nesim Levi Bayraktaroğlu had built
the lift in 1907.
SAAT KULESİ (CLOCK TOWER)
The symbol of Izmir, the Clock Tower stands in Konak Square in the heart of the city.
A gift from Abdulhamid and built in 1901, its elaborate ornamentation exemplifies the late-Ottoman
style
KONAK YALI MOSQUE
The mosque belongs to the 18 th centruy and it is a classical example of the Ottoman Architecture.
25
It is said that Katipzade Mehmet Paşa 's wife Ayşe Hanım had it built in 1854.
The mosque is ornamented with turquoise wall tiles.
ST. POLICARP CHURCH
St. Polycarp Church is the oldest existing church in Izmir. It was dedicated to St. Polycarp, who
was martyred by the Romans in A.D. 155 at the stadium in Izmir. During the reign of Suleyman the
Magnificient, around the year 1625, permission was granted to build a chapel.
BETH ISRAEL SYNAGOGUE
Beth Israel synagogue, located in the Karataş district of Izmir, was built by imperial edict of Sultan
Abdulhamit II in 1905. It is the largest synagogue in Izmir and is used for wedding ceremonies.
BERGAMA MUSEUM
Most of the archeological artifacts in the museum, which belong to various periods from the early
bronze era to the Byzantine Period have been found in the excavations made in Bergama and its
surroundings. Among the finds found in the archaic residences around, samples belonging to
Pergamon sculpture school; Archaic Period finds coming from Pitane and Gryneion and Myrina
terracotta draw attention. In the ethnography section, carpets, kilims of the region (Yuntdağ,
Yağcıbedir, Kozak, Bergama weavings); cloth weaving samples, hand works and other hand made
examples belonging to other regions of Anatolia are exhibited.
EPHESUS
The findings obtained in this region where the native
people, namely the Lelegs and the Carians had lived since
the beginning, indicate that the city is dated back to 2000
years B.C. As far as the last 1000 years are concerned, it
is assumed that the Ions came to this region, led by
Androckles.
Ephesus was captured by the Kimmers in the 7th century
B.C., by the Lydians in 560, and later in 546 B.C. by the
Persians; and was rescued from the Persian domination
when they went defeated by Alexander the Great.
Lysimachos, a commander of Alexander's, had the
settlement removed from the area of the Temple of
Artemis to the zone between the Mount of Panayir and the
Mount of Bülbül, and had a wall built around the city.
The city was taken by the Kingdom of Pergamon after 190
B.C., by Rome in 133 B.C., and later by Byzantium,
Ephesus maintained its importance during the period of
Christianity, and the apostle St. Paul arrived there during
the year of 50 A.D. It is also a known fact that St. John
was buried on the hill of Ayasuluk at the beginning of the
2nd century. Ephesus lived through its third glorious period during the reign of Justinianus in the
middle of the 6th century A.D. and, at this time, the Church of St. John was built on the hill of
Ayasuluk. The Temple of Artemis is also one of the places to visit in Ephesus besides the Church of
St. John. The Temple of Artemis, which was first built during the archaic period, was one of the
seven wonders of the world later during the Hellenistic period and, in the year 356 B.C. when
Alexander the Great was born, it was destroyed by a maniac and was reconstructed by the people
of Ephesus. It had 127 columns and its dimensions were 55 x 115 m. Some of the bases of the
columns of temple were ornamented with raised relief design. The other places to visit in Ephesus
are the Cave of the Seven Sleepers, the house of the Virgin Mary, the Mosque of Isa Bey built in
1375 and the Museum of Ephesus where the ancient remains found in the ruins of Ephesus are
displayed.
26
The ruins of Ephesus, situated near Selçuk, is a center of interest owing to the ancient remains
that still exist. When you enter through the Magnesia Gate from above you see the State Agora.
The Temple of Isis is situated at the center of the Agora, and the Stoa is placed on the North side
of it. The Odeion with a capacity of 1400 persons is placed behind it and the Prytaneion where the
sacred fire used to burn, is on its flank. The Baths of Varius are placed on the east side of Odeion.
On the west of the Agora, the Monument of Memmius built in the late Hellenistic period, the
fountain of C. Sextilius Pollio built in the year 93 A.D., and the Temple of Domitian (81-93 A.D.)
are placed. On the south of the Agora, the fountain of Laecanius Bassus is situated. The Curetes
street starts downwards from the Temple of Memmius. The Gate of Heracles is placed on this
avenue. After passing through this part, the fountain of Trajan built in the years 102-114 is seen
on the right hand side and after this, the Temple of Hadrian appears in front of us, in all its
splendid beauty (117-138 A.D.). The Scholastica Baths, built in the 4th century A.D., are situated
behind the Temple of Hadrian. The houses of the rich people of Ephesus which were in front of it,
have been restored and opened for visits at present.
At the corner formed by the Curetes street and the Marble Road, the House of Love is placed and
the Library of Celsus, restored and reestablished in recent years, stands right in front of this. The
library which had been built in the name of Gaius Celsus completed in the year 135 A.D., is entered
by way of a stairway, 21 m in width and having 9 steps. The southeastern gate of the Trade Agora
opens to the Library of Celsus. Agrippa's slaves, Mazaeus and Mithridates, liberated by him had this
gate built in the year 4 B.C.; it comprises three sections and has been restored today. The columns
of the Stoa encircling the Trade Agora with the dimensions 110 x 110 m, are standing erect today.
The Temple of Serapis built in the period of Antonine (138-192 A.D.) is placed behind the Trade
Agora.
One of the magnificent buildings of Ephesus is the theater, which had a capacity of 24.000 people
and is in a rather well preserved condition. The construction had started during the Hellenistic
period but it could only be completed during the time of Trajan (98-117 A.D.) Festivals are
celebrated in this theater today. The Port Avenue extends in front of the theater. The avenue is 11
m wide and 600 m long, and it has been called Arcadiane because it was renewed during the time
of Arcadius. On the whole north side of the avenue, there are the Port-Gymnasium, baths and the
Theater Gymnasium. The avenue that passes along the front of the theater, extends towards the
Stadium built during the Neron period (54-68 A.D.) and towards the Vedius Gymnasium. The
Church of the Virgin Mary built at the beginning of the 4th century A.D. is situated behind the Port
Gymnasium.
HOUSE of VIRGIN MARY
The resolutions of the council of 431 held that the Virgin Mary came to Ephesus. According to
them, she came here together with Saint John, four to six years after the death of Christ. After the
proclamation of Pope Paul VI in 1967, Pope John Paul II came to Ephesus and declared the House
of Mary to be a place of pilgrimage for Christians. The house on the top of Bülbüldağ is believed to
be the last home of the Virgin Mary.
This house, where the Virgin Mary is supposed to have lived during her last days, and to have died
with Johanna at her side, is situated 7 km south of the antique city of Ephesus in Izmir. The
German Nun Katharina Emmerich (1774-1824) described the surroundings of the house from a
dream she had. Lazarist monks in Izmir set out in 1891 to find the house based on sister
Emmerich's description. They found the remains and built a chapel here. Pope John XXIII declared
it a pilgrimage site in 1961.
ÇEŞME-ERYTHRAI
Erythrai which is one of a union of 12 Ionian Unions, it was in condition of being extensive and
important settlement place in 6 B.C. It is known that, Erythrai which had a widely protective
harbor, commercial ties with Egypt, Cyprus an Western countries and evolved its trade. There is an
acropolis of which the ruins are seen on the peak that stands today in the middle of the city. The
statues which were served as a devoted to the Athena Pallas temple were found in the excavations
that were made here. The most important of the ruins, is the woman sculpture that came from the
Archaic Period and it is exhibited at Izmir Archeological Museum.
27
The district became independent with the help of Alexander the Great invasion of the city in 334
after Lydian and Persian sovereignity.
D. Sightseeing Places
THE BIRD'S PARADISE OF THE GEDIZ DELTA
Izmir Bird 's Paradise located between the boundaries of
Menemen and Çiğli counties has 205 species of birds.
There are 63 species of domestic birds, 54 species of
summer migratory birds, 43 species of winter migratory
birds, 30 spicies of transit birds. 56 spicies of birds have
been breeding in the Park.
Izmir Bird's Paradise which covers 8.000 hectars of land
was registered as "The protected area for water birds
and for their breeding" by Ministry of Forestry in 1982.
BALÇOVA
Balçova, an important county of Izmir with its naturel pecularities is situated at the southwest of
Izmir. One of the most important places of the county is Balçova Thermal Foundation formerly
known as Agememnon spa. The foundation has an international hotel with an open and an indoor
pools. If you want to have, some pine air you can take the cable lift at Balçova, give your lungs a
feast and watch the whole city from above.
THE MONK SEALS ISLANDS OF FOÇA
On the world, the monk seals have a population of 350-400. In Foça, these monk seals are settled
down on the islands just near Foça.
For the protection of the monk seals Word Wide Foundation (WWF), National Protection of Monk
Seals Committee is carriying out studies. They are trying to conservate them and find a few areas
in the world.
BOZDAG
Bozdağ is one of the most beautiful towns in
Ödemiş county. It is set on the slope of Mt. Boz,
which is 3157 m. above sea level. Bozdağ is a
green paradise surrounded by chestnut, walnut and
cedar trees. In antiquity Bozdağ was called Tmolos.
Since there is considerable snow fall in winter time,
a ski resort has been set up in Bozdağ.
ÇEŞME
Çeşme (80 km from Izmir),at the western tip of
Turkey surrounded on three sides by the crystalclear waters of the Agean Sea , is a lovely town for
holiday makers. The name Çeşme, meaning
fountain, is taken from the large number of fountains that are found throughout the area. The town
is dominated by a 14 th-century Genoese fortress built by Süleyman the Magnificient. Çeşme
provides a regular boat connection between Italy and Greece.
28
KARABURUN
The county is situated in the Northen Urla
peninsula.With its beautiful bays on the north
and west shores it forms a band on the gulf of
Izmir. The first settlement in the county goes
back to the Stone Age.
URLA
Known in ancient times as Clazomenae, Urla
Iskelesi offers a marina as well as plentiful
accommodations in all price ranges. Restaurants on the top of Guvendik hill afford a marvellous
view of the bay and its islands.
KUSADASI
Today, Izmir has an important port, as well as a lovely holiday resort with numerous sandy
beaches stretching over its towns and environs. In addition to famous sites like Efes, Kusadasi or
Cesme, Izmir possesses Balcova, one of the important thermal centres in Turkey, which is known
as the "Agamemnon Baths". They offer modern facilities to visitors, in the midst of wonderful
surroundings.
Other National Parks And Forest Campsites
Gümüldür
66 Evler Gümüldür / Izmir
Tel: (232) 793 19 97
Tanay
Şifne Yolu, Ilıca / Çeşme
Tel: (232) 729 35 76
Teos-Emeksiz
Sığacık, Seferihisar / Izmir
Tel: (232) 369 64 85
Kalemlik
Çukurallı Mah. Özdere / Izmir
Tel: (232) 369 64 85
E. Beaches of Izmir, Wind Surfing and Diving Facilities
Izmir has a 629 km long coastline with the Aegean Sea. 101 km of
which are natural sandy beaches. Due to the geographical structure of
its coast formed by little inlets and peninsulas, Izmir is an ideal place
for all sorts of water sports.
Izmir offers a rich underwater world for curious divers. If you prefer
scuba diving or undersea discovering, Izmir has many wonderful diving
spots. Çeşme, Gümüldür, Foça and Urla inlets and islands are just a
few of them.
The "Yeustafiy" Russian admiral ship, which sank in Çeşme-Damlasuyu
area during the 1770 Ottoman - Russian sea war, is Çeşme's most
important undersea treasure. The remains of this ship, which sank
29
because of explosion of its ammunitions, is located between Sakızada Island and Damlasuyu, 400
meters from the shore. It lies at a depth of 42-51 meters below the sea. At the end of the 1996,
some of the materials recovered from the sunken ship during undersea rescue excavations, were
put on a permanent exhibition at Çeşme Museum.
Izmir provides incomparable opportunities for professional divers. It also caters to amateur divers
who wish to discover the mysteries of undersea world with its various diving schools at famous
diving sports.
Izmir is also a paradise for wind surfers. The sea at Alaçatı is quite calm in-spite of the strong
southwest winds in the region. This characteristic makes it one of the three best wind surfing
centres in the world. Alaçatı hosts an annual championship called "Turkey Windsurf Cup" which
brings together some of the best windsurfers of the world. During the competition breathtaking
performances take place on the blue
waters of the Aegean Sea.
Izmir' s most known beaches are SelçukPamucak, Urla, Gülbahçe, Çeşme-Ilıca,
Altınkum, Gümüldür, and Özdere in the
south, and in the north Dikili, Çandarlı,
Foça, Yenifoça, which are all sandy
golden beaches. Transportation to these
beaches and diving sports are easily
accessible from Izmir central Bus
Terminal and Uçkuyular Bus Terminal.
Bus Departures are at each hour.
Izmir' s Yacht Harbours
Izmir, especially Çeşme peninsula, is one of the most popular stops on the yachting route on the
Aegean Sea. Çeşme - Kuşadası route offers one of the most well equipped marine services of the
region.
F. Alternative Tourism in Izmir
Izmir'
s
Thermal
Izmir owns very rich thermal resources.
accommodation possibilities in this area,
outdoor pools and other available facilities,
to enjoy these springs not only in summer
as well.
Springs:
The modern
in door and
allow visitors
but in winter
Hunting Tourism: The hunting of wild pigs is quite well
known in Izmir, especially in Çeşme. At Karaburun wild
pig and wild goat hunting are permitted. The Hunter's
Association announces the hunting areas and seasons
along with animal lists annually.
Trekking and Climbing: In Izmir, trekking and climbing
are becoming increasingly popular, especially among the
young. Balçova and Yamanlar mountains provide popular locations for beginners and amateurs.
High Plateaus: Bozdağ Gölcük Plateaus and Subatan Plateau in Ödemiş, Karagöl on Yamanlar
mountains, at the north of Karşıyaka, Kozak Plateau in Bergama are all attractive regions for
recreational activities and for nature-lovers.
Bird Observation Points: Izmir' s geographical characteristics provide a welcoming atmosphere
30
for rich variety of bird species. Tuzla Sasalı Bird Paradise in Çiğli is a popular destination on for
many birds all year round. The 8000 hectare protected land near Izmir serves as a natural park for
birds.
G. Hotels
Izmir has many International 5 star hotels. Mostly they
are located in the Konak, Alsancak and Cumhuriyet
Square. Towards Cankaya, Basmane and Yenisehir you
can find 3 and 4 star hotels.
The Hotels in the Basmane district and the Anafartalar
Street in Kemeralti are authentic, attractive and
economical.
Izmir also has thermal tourism centres in the Balcova
and Narlidere Ilica regions. There are also 5 and 3 star
hotels of cheaper price range available here. Apart
from these you can find from pension lodges up to
luxury hotels at your disposal in Cesme, Alacati, Urla,
Karaburun, Gumuldur, Seferihisar, Teos, Foca, Dikili, Bergama, Odemis, Selcuk, Ephesus and
Pamucak.
The hotel guide web site www.hotelguide.com.tr comprehensively lists accommodation facilities throughout
Turkey.
H. Universities
There are five universities situated in Izmir. Ege University (www.ege.edu.tr), Dokuz Eylül
University (www.deu.edu.tr), Izmir Economy University (www.ieu.edu.tr), The Higher
Institute of Technology (www.iyte.edu.tr) and Yasar University (www.yasar.edu.tr). There are
more than 50.000 students registered in the graduate and post-graduate programs of these
institutions. This is a proof that Izmir is continuously developing and improving itself in the field of
higher education. This development has led to Izmir to becoming one of Turkey's most important
cities for socio-cultural and sporting activities. The 23rd Universiade 2005, which was held in
Izmir16 under the slogan of ‘World Unity in the Aegean Blue’, brought university sportsmen and
students from all over the world to Izmir. The world's second most important sports competition
after Olympic Games, the well-organised Universiade focused the world's attention to Izmir.
I. Festivals in Izmir
16
http://www.universiadeizmir.org
31
International Izmir Festival
International Izmir Festival shows Izmir' s
strength in the organization of international
culture and art events. Every year thousands of
art-lovers and people from all over the world
participate in this festival, which is spread across
the city and held in many different locations.
Apart from the Culture Park, Agora, Atatürk
Cultural Centre and Sabancı Cultural Centres,
which are located in the centre of the city, it is
also held in locations outside the city like Çeşme,
and ancient city of Ephesus. During the festival;
plays, operas, ballets, classical music concerts
and rock concerts are organized and these
activities create a beautiful atmosphere for the celebration of art.
International Music Festival : Çeşme 4-9 July
International Watermelon Festival : Bayındır July
Culture and Art Festival : Dikili Last week of July
Culture and Art Festival : Foça 2nd week of August
International İzmir Festival : İzmir (Center) 29 July-19 August
KemalPasha Cherry Festival : KemalPasha 3rd and 4th week of May
Menemen Freedom Festival : Menemen 7-8-9 September
Strawberry Festival : Menemen-Emiralem 5 May
Cherry Festival : Ödemiş-Bademli Last week of May or first week of June
International Selçuk-Efes Culture, Art and Tourism Festival :Selçuk (Ephesus Antique Stadium) 1617 January
Culture and Art Festival : Tire 3-6 September
J. Izmir International Fair
Another property of Izmir, one of Turkey's most important tourism and business
centres, is a reputation of being the city of fairs. The Culture-Park Fair ground
with its 421.000 m2 of greenery is situated in the town centre and it is location
of the many fairs organized in Izmir. There are currently arrangements being
made to carry out other business and trade activities on the area.
32
K. Consulates and Honorary Consulates
USA Honorary Consulate
Kazım Dirik Cd. Atabey İş Merk. 13/8 Pasaport - İzmir
Tel.: (0232) 4410072
Germany Consulate
Atatürk Cad. 260 35220 Alsancak - İzmir
Tel.: (0232) 4216995
Austrian Honorary Consulate
Şehit Fethi Bey Cad. Erboy İş Hanı 41 K:7/705 Pasaport - İzmir
Tel.: (0232) 4254564
Belgium Honorary Consulate
Selvi İş Merkezi Alsancak - İzmir
Tel.: (0232) 4837073
Czech Republic Honorary Consulate
Manas Bul. No.72 Salhane - İzmir
Tel.: (0232) 3715150 - 3710866
Denmark Honorary Consulate
Akdeniz Cad. 1/702 Pasaport - İzmir
Tel.: (0232) 4895401
Dominic Republic Honorary Consulate
Atatürk Cad. 350/1 Alsancak - İzmir
Tel.: (0232) 4215202
Republic of Indonesia Honorary Consulate
1375 Sk. Muzaffer Apt. 18/3 Alsancak - İzmir
Tel.: (0232) 4218177
Morocco Honorary Consulate
1375 Sk. Cumhuriyet İşhanı 25 K.2 D.204 Alsancak - İzmir
Tel.: (0232) 4212332
Finland Honorary Consulate
1881 Sk. 30/32 Balçova - İzmir
Tel.: (0232) 2598845
Ivory Coast Honorary Consulate
İşçiler Cad. 176/1 Alsancak - İzmir
Tel.: (0232) 4213680
France Consulate
Cumhuriyet Bulv.153 35220 Alsancak - İzmir
Tel.: (0232) 232 4214235
Republic of South Africa Honorary Consulate
Talatpaşa Bulv. 17/2 Alsancak - İzmir
Tel.: (0232) 4632230
Kingdom of Jordan Honorary Consulate
Cumhuriyet İş Bulv.1375 Sk. 25/201 Alsancak - İzmir
Tel.: (0232) 4630464
33
India Consulate
Anadolu Cad. Koyuncuoğlu İş Hanı 37/39 Salhane - İzmir
Tel.: (0232) 4614660
Holland Honorary Consulate
Cumhuriyet Meyd. Meydan Apt. 11/2 Pasaport - İzmir
Tel.: (0232) 4634963
Spain Honorary Consulate
Cumhuriyet Bulv.No:109/703 Bulvar İşhanı Alsancak - İzmir
Tel.: (0232) 4897936
Sweden Honorary Consulate
1378 Sk. 4/1 K.2 D.201 Kordon İşhanı 35210 Alsancak - İzmir
Tel.: (0232) 4220138
Switzerland Honorary Consulate
1380 Sk. Alyans Apt. B Blok No:2/1 K.6 D.11 Alsancak - İzmir
Tel.: (0232) 4213049
United Kingdom Consulate
1442 Sk. 49 35220 Alsancak - İzmir
Tel.: (0232) 232 4635151
Italia Consulate
Cumhuriyet Apartmanı No:12/3 - 35210 Alsancak - İzmir
Tel.: (0232) 232 4636676
Litvania Honorary Consulate
Manas Bulv. No:72 Salhane - İzmir
Tel.: (0232) 3710866 -3718867
Luxembourg Honorary Consulate
Anadolu Cad. 228/2 Salhane - İzmir
Tel.: (0232) 4218847
Hungary Honorary Consulate
Atlas Otel Şair Eşref Bulv.1/1 Çankaya - İzmir
Tel.: (0232) 4212858
Malesia Honorary Consulate
Gazi Bulv. 30/3 Çankaya - İzmir
Tel.: (0232) 4848121 - 4836262
Malta Honorary Consulate
Atatürk Cad. Kavalalı İş Hanı 378/6 Alsancak - İzmir
Tel.: (0232) 4223138
Mexico Honorary Consulate
Cumhuriyet Blv. 123/1 - 603 Alsancak - İzmir
Tel.: (0232) 3273263
Moldovia Honorary Consulate
1375 Sok. No:6 D.1 Alsancak - İzmir
Tel.: (0232) 4211019 - 4216929
Norway Honorary Consulate
1378 Sk. 4/1 K:2 D:201 Kordon işhanı 35210 Alsancak - İzmir
34
Tel.: (0232) 4219280
Pakistan Honorary Consulate
Cumhuriyet Blv. No.95 K.5 Alsancak - İzmir
Tel.: (0232) 4462333 - 4591616
Romania Honorary Consulate
Kemal Paşa Cad. 12 Pınarbaşı - İzmir
Tel.: (0232) 4791044
Russia Honorary Consulate
Fatih Cad. No.69 Çamdibi - İzmir
Tel.: (0232) 4615186 - 4615187
Slovakia Honorary Consulate
Manas Bulv. 72 Alsancak - İzmir
Tel.: (0232) 3416188
Turkmenistan Honorary Consulate
Cumhuriyet Bulv. 77 Alsancak - İzmir
Tel.: (0232) 4259010
Jordan Honorary Consulate
1385 Sok. 3 / 101 35210 Çankaya - İzmir
Greece Consulate
Atatürk Cad. 262 Alsancak - İzmir
Tel.: (0232) 232 4643160
§ 3. GENERAL INFORMATION REGARDING THE UNIVERSITY17
A. Dokuz Eylül University (DEU) in Brief
Foundation
1982
Status
Public Institution
Areas of
Architecture, Medicine, Engineering, Economics and
Administrative Sciences, Business, Law, Education,
studies/Faculties Literature, Theology, Fine Arts
Students
17
43.554 students, 843 out of this number are overseas and
7478 are postgraduates. One of the fifth biggest universities
in Turkey in terms student population. DEU is one of the
eight university in Turkey which has granted to give PhD
degree by Higher Education Council ( YOK). www.yok.gov.tr
http://www.deu.edu.tr/DEUWeb/English/Icerik/Icerik.php?KOD=282#nowhere
35
Staff
Libraries
3022 Academic and 2402 Administrative Staff
Total number of libraries in the University is 13 occupying
18.283 m2 with a capacity of 1.100 readers. In terms of
number of books and periodicals, the library ranks as fifth
among the state universities and physically the biggest in
Turkey. The libraries' stock of 302.375 volumes and
subscription to 1.244 periodicals provide for the
undergraduate and graduate course requirements. Libraries
have internet accesses and subscribed to CD-ROM data bases
in various subjects 16.117 full text periodicals, abstracts of
articles in 6.000 reviews, contents of 1.400 periodicals and
EBSCO Host Online Reference Center data bases are
available.
Tuition Fees
The fees in the 2005/2006 Session for overseas students
ranged from US $ 500 to $ 2500 due to programs (Exchange
students are exempted).
Cost of living
US $ 800 Per month or 600 Euro
Accommodation Since DEU is a multi-campus university, international
students are recommended to hire furnished flats around
Buca, Bornova and Narlıdere. Accommodation in Buca, is
around 175-300 Euro per month.
Language of
instruction
Although the main language of instruction is Turkish,
English preparatory class is compulsory for all students of
the university, who cannot pass the proficiency test. Besides,
in the following schools, instruction language is English:
Faculty of Business: Department of Tourism
Administration offers undergraduate courses in
English medium and French medium.
Academic
Calendar
Faculty of Arts and Sciences: Department of Mathematics,
Statistics, American Studies are in English medium.
Department of Physics and linguistics offers 30 Per cent of
the undergraduate courses in English medium.
Faculty of Engineering: Department of Electrical and
Electronic Engineering,
Department of Computer
Engineering, Graduate School of Science and Engineering
School of Maritime Business and Management: All
departments.
School of Physical Therapy and Rehabilitation: 30 Per cent
of all courses are taught in English.
Fall Semester: End of September – End of January
Spring Semester: Middle of February – End of June
Special
Conditions
Please note that, in connection with the basic tenets embodied in
the Turkish Constitution and following various judgments
36
/Requirements
passed by Turkish courts, amongst which the Constitutional
Court, and subsequently upheld by the European Court of
Human Rights, at Dokuz Eylül University it is not allowed to
attend classes with the Islamic veil/headscarf.
Academic Staff and Student Profile:
TOTAL UNDERGRADUATE STUDENT POPULATION BY SCHOOL
. EDUCATION
. ECONOMICS & ADMINISTRATIVE SCIENCES
. VOCATIONAL SCHOOLS
. ENGINEERING
. LAW
. FINE ARTS
7787
6788
8367
4654
1306
1200
. BUSINESS
. ARTS & SCIENCES
1087
1252
. MEDICINE
. THEOLOGY
. ARCHITECTURE
MARITIME BUSINESS AND MANAGEMENT
NURSING
CONSERVATORY
PHYSICAL THERAPY & REHABILITATION
Total
875
298
572
518
370
295
306
35675
TOTAL GRADUATE STUDENT POPULATION BY SCHOOL
. SOCIAL SCIENCES
2789
. SCIENCE & ENGINEERING
1413
. EDUCATIONAL SCIENCES
. FINE ARTS
. HEALTH SCIENCES
. ATATÜRK PRINCIPLES AND HISTORY OF
TURKISH REVOLUTION
1012
356
271
Total
6010
Student population of Dokuz Eylül University:
41685
125
ACADEMIC STAFF PROFILE
Full Professor
Associate Professor
Assistant Professor
Teaching Associate
Language Instructor
Graduate Assistant
Specialist
428
227
540
349
193
1202
148
Total
3087
37
INTERNATIONAL STUDENTS IN DEU: 791
B. Mission
The Mission of the Dokuz Eylül University can be defined best with the goals of our university.
What kind of education, student, society, and world does our university aim? What kind of
education? Research-oriented, creative and student-based education, which does not dictate
knowledge, but teaches the ways to reach information, gives importance to team work, tries
to keep student-staff interaction at high levels. What kind of Student? Intellectual individuals
with developed communication skills, who use their mind, don’t hesitate to ask questions,
dream and think, and are hardworking, productive and creative, sensitive to social problems,
respectful to their essential values. What kind of Society? A powerful society composed of
individuals who protect their Republic supporting secularist and social state devoted to rule of
law and is conscious of its values in the light of rationality and science and can use these
values for production, has very strong and active university-industry-society interaction, have
common interests for the independence and eternity of the country. What kind of World? A
world that pays importance to protection of the ecological balance while supporting
international cooperation for scientific and technological production in an environment in
which information has no boundaries.
C. History
DEU was founded on 20 July 1982. Seventeen previously founded institutions of
Ege University and other various higher education institutes were affiliated to the
University in the same year. Number of its academic units reached 41 until 1992.
Presently, DEU comprises of the following units:
Faculties
Architecture, Arts and Sciences, Business, Economics and Administrative Sciences,
Education, Engineering, Fine Arts, Law, Medicine, Theology.
Schools
Maritime Business and Management, Nursing, Physical Therapy and Rehabilitation,
State Conservatory, Foreign Languages
Vocational Schools
Judicial Practices, Health Services, İzmir Multidisciplinary, and Torbalı Marble
Technology.
Graduate Schools*
Atatürk Principles and History of Turkish Revolution, Health Sciences, Natural and
Applied Sciences, Social Sciences, Education.
Institutes*
Fine Arts, Hemodialysis and Transplantation, Marine Sciences and Technology,
Oncology, Religious Studies.
* Graduate Schools are for degree programs, and Institutes are for research work.
D. Location
Dokuz Eylül University is a multi-campus University dispersed throughout the city
38
of İzmir at various locations
offering undergraduate and graduate degree programs of study and research in 10
faculties, 5 schools, 5
vocational schools, 5 graduate schools and 5 institutes.
From 1982 to 1992, DEU has developed rapidly and given birth to 4 new
Universities in the Aegean region:
Celal Bayar University in Manisa, Adnan Menderes University in Aydın, Muğla
University in Muğla and
Pamukkale University in Denizli.
President's Office and Administration Building are on the Alsancak campus located
in the city center.
Faculty of Medicine, Graduate School of Health Sciences, School of Nursing,
Physical Therapy and
Rehabilitation, Institutes of Oncology, Hemodialysis and Transplantation,
Vocational School of Health
Services are on the Balçova campus, a district in the western end of the city.
Faculties of Education, Law, Economics and Administrative Sciences, School of
Maritime Business and Management, Graduate School of Social Sciences,
Educational Sciences, Vocational Schools of İzmir Multidisciplinary and Judicial
Practices, School of Languages and the Central Library are on the two neighboring
campuses in “Buca – Istasyon” and “Buca–Dokuzçesmeler” in the south.
Faculties of Engineering and Business, Graduate School of Science and
Engineering, Faculty of Arts and Sciences are situated on the new campus area,
some parts of which are under construction in Kaynaklar location in the south-east
of Buca. Temporarily some classes are held on the Ege University campus in
Bornova and Buca Campus. Some faculties and schools will move to the new
buildings on Kaynaklar Campus within about one year.
Faculties of Architecture, Theology, Institutes of Theology, Fine Arts, Vocational
School of Religion, Institute of Marine Sciences and Technology, State
Conservatory and Graduate School of Atatürk Principles and History of Turkish
Revolution are located at different points in the city of İzmir. In addition, there is a
Vocational School in Torbalı, 50 km from İzmir to the south.
E. Top Management
Prof.Dr.Emin
ALICI
President of Dokuz Eylul
University
Prof.Dr.
N.Ömür
ÖZMEN Prof.Dr.
Vice-President
İrem
Vice-President
ÖZKARAHAN Prof.Dr.
Adil
ESEN
Vice-President
F. Communication
Address :Cumhuriyet Bulvarı No:144 Alsancak
39
IZMIR - TURKEY
Tel
Tel
: 90 (232) 464 80 67
: 90 (232) 498 50 50/51
Faks : 90 (232) 464 81 35
G. INTERNATIONAL RELATIONS OFFICE
International Relations Office, which is responsible for the external relations of the university, also
provides consultancy service to the administration and to the service departments of the University.
The office deals with the issues concerning:
European University Association (EUA) - the former Council of Rectors of Europe(CRE),
procedures of the supported research assistants following graduate programs abroad, including
preparation and updating of "Afffidavits of Support" for each awardee,
coordination of the protocols of academic collaboration to be signed between DEU schools/faculties and
the overseas universities,
counselling for the admissions and recruitment of international students and staff,
editing and designing the DEU brochures,
monitoring the accreditations, ratings, and degrees given by the oveseas universities,
contribution to the international congresses, conferences, symposia, and youth festivals,
FP6 ( Sixth Framework Program ) of EU which is related with technological innovations and development.
Foreign Relations office has also been assigned with the establishment of Socrates Scheme within the
university, which is one of the education programs of the EU and dissemination of academic projects
related with EU within the framework of Turkey's integration activities to the European Union .
Contact Details:
Presidency of Dokuz Eylül University
Cumhuriyet Bulvari No: 144 TR-35210 Alsancak Izmir
Tel: +90 232 498 51 15
Fax: +90 232 464 81 35
International Relations Coordinator: Assoc. Prof. Dr. Hakkı Kişi
International Relations Vice-Coordinator: Işınsu Atalay
Research Assistant : Alper Arısoy
40
THE SOCRATES PROGRAMME
Socrates is one of the educational programs of European Union and it is in force since 1995.
Socrates Scheme covers all people from primary school pupils up to adults. It aims to promote
cooperation via mobility, increase the quality of education, encourage innovation in education
and disseminate the concepts of “empathy”, “tolerance to diversities”, and “multicultural
understanding”.
Socrates-Erasmus which is the European Community program in the field of higher education supports the
following activities: Student and teacher exchanges, ECTS , Curriculum Development (CD) and Intensive
Projects (IP), and lastly Thematic Networks (TN).
Turkey gained the right to join Socrates Scheme at Helsinki Summit in 1999 and established
its own National Agency by January 2002. 2003/2004 academic year was a preparatory year
and 2004/2005 academic year was the first full participation year to the program.
Dokuz Eylül University has signed 67 Bilateral Agreements within the Erasmus action
.University plans to send 73 students, hosts 30 students all over Europe for academic
2005/2006 academic year.
These bilateral agreements comprises academic staff exchange, student exchange and
centralized projects like IP and CD.
International Student Identity Card (ISIC)
International Student Identity Card (ISIC), which is issued by the UNESCO can be obtained
by the Student Affairs Service. ISIC allows students to enjoy the facilities offered to students
all over the world such as discounts in accommodation, travel costs, museums, cinemas
theatres etc. Holders of this card are also automatically insured health risks during their
travels. Moreover, ISIC can be used as a telephone card by means of the ISI Connect service,
which enables students to enjoy telephone discounts.
International Student Identity Card is available for all graduate and postgraduate students.
Besides, middle and high school students over 12 years old are also entitled to have this card.
Documents required to issue this card are as follows:
1) A document certifying applicant’s being student,
2) A passport-size photograph,
3) Bank receipt showing the amount to be paid as preparation fee.
These items should be forwarded to the Registrar and Student Affairs Service at the following
address:
Cumhuriyet Bulvarı No:144 Alsancak – İZMİR
Exchange Student Card
Exchange student card which is given to exchange students includes the following:
1. This card should be shown to University authorities whenever it is asked
41
2. Card is valid for the duration of exchange student status and will be invalid without seal
3. Presentation of this card is required in order to obtain services at the University Libraries.
It also maybe required for other University activities and services.
4. Since ticket prices vary, students recommended to show their card while buying a cinema,
theatre, opera, bus ticket.
5. If you lose your card you must inform the Registrar’s Office and your academic advisor at
the faculty.
Tel: +90 232 498 51 15
e-mail: student@deu.edu.tr
H. FURTHER INFO FOR INCOMING STUDENTS
For extensive information regarding Campus Life, Travel Information, Registration &
Academic
Calendar
please
consult
the
following
http://www.deu.edu.tr/DEUWeb/English/Icerik/Icerik.php?KOD=1442
Orientation,
link:
§ 4. DEÜ FACULTY OF LAW
A. GENERAL INFO
The Dokuz Eylül University of Law offers a-four-year undergraduate program.
Turkish students will be able to enroll after achieving the required score in the national
examination (ÖSYM). Foreign students on the other hand, are required to take the YÖS
examination. Students with law degrees from foreign countries may apply to the School of
Law, to fulfill the eligibility requirements of being an attorney in Turkey.
Dokuz Eylul University Faculty of Law is a community of qualified academicians and
students. The faculty is one of the most competitive Law Schools in Turkey with 8 full
professors, 12 associate professors, 26 assistant associate professors, 2 experts, 26 research
assistants and 17 visiting research assistants currenty teaching and conducting research.
In the 2001/2002 academic year, the Faculty of Law has started using the active
method of teaching Law, which is an advanced method of practical training.
Our graduates have been the spokesman and defenders of civilization, justice,
democracy, secularity, peace and love; in short the principles protecting human honour, which
are the common values of humanity and on which reason and historical experiences are based.
They have been able to protect these values which they hold dearer than themselves and
which are shared by the Turkish Republic inherited from the great Atatürk.
Dokuz Eylul University, School of Law was established in 1978. Law no:2809 had
amended the provisions of KHK no:41 and therefore established Dokuz Eylul University and
the School of Law.
The Faculty of Law has entered into bilateral Socrates- Erasmus agreements with the
following units:
- Universitat Osnabrück , Germany – Faculty of Law (2005-2006)
42
- Universite Montesquie-Bordeaux IV, France – Faculty of Law (2005-2006)
- Justus-Leibig-Universitat Giessen, Germany – Faculty of Law (2005-2006)
- Universitat zu Köln, Germany – Faculty of Law (2005-2006)-(2006-2007)
- Universitat Ausburg, Germany- Faculty of Law (2006-2007)
B. SERVICES AVAILABLE AT THE CAMPUS
Cafe
Scholarships of government and private agencies
Medical-care
Computer Labs
Internet access
Psychological care services
Academic consultance
Library (In Turkish & Foreing Languages)
Reading Rooms
C. LOCATION
Dokuz Eylul University School of Law shares the same campus with Schools of Economy, Foreign
Languages and Social Sciences, in Dokuz Cesmeler/Buca, right across the Hasanaga Garden.
GETTING TO DEU SCHOOL OF LAW BY CAR
Use the Aydin Highway and take BUCA EXIT.
D. COMMUNICATION
Dokuz
Hukuk
Correspondance
Dokuzçeşmeler/BUCA
35160 İZMİR
Eylül
Üniversitesi
Fakültesi
Phone (pbx)
0 (232) 420 41 80
E-mail
mustafa.alp@deu.edu.tr
(Socrates
programme
coordinator,
correspondance in German), murat.onok@deu.edu.tr (ECTS Coordinator,
corrispondance in English), merturgut@yahoo.com (correspondance in
German).
Socrates Programme Coordinator: Assist. Prof. Mustafa ALP
Address:
Yrd.
Doç.
Dr.
Mustafa
Alp,
Dokuz
Eylül
Hukuk Fakültesi, Dokuzçeşmeler Kampüsü/BUCA 35160 İZMİR – Turkey
Phone: +90 232 4204180 (pbx) – 2204
Mobile: +90 532 6647555
Fax no: +90 232 4201824
Üniversitesi
43
E. ORGANISATION CHART AND ORGANS OF THE FACULTY
1. DEAN
: Prof. Dr. Şeref ERTAŞ
2. ASSOCIATE DEAN
: Assoc. Prof. Mustafa Ruhan ERDEM
3. ASSOCIATE DEAN
: Asst. Prof. Dr. Muhlis Öğütçü
4. SECRETARY OF FACULTY
: Ferit KURU
The Faculty is run by the Faculty Board which consists of 10 members including the dean as
the chairman, and in addition, the Faculty secretary-general acting as the rapporteur; and
directed by the Faculty Board of Management which consists of 7 members, including the
dean as the chairman, and in addition, the Faculty secretary-general acting as the rapporteur.
The Faculty Departments and The Main Branches are as follows:
a. The Department of Public Law
:
Chairwoman of Department : Prof. Dr. Işıl ÖZKAN
Main Branches
Chairman/Chairwoman
Constitutional Law
Assoc. Prof. Dr. Meltem Dikmen CANİKLİOĞLU
General Public Law
Asst. Prof. Oğuz ŞİMŞEK
Legal Philosophy&Sociology
Asst. Prof. Dr. Dr. Oğuz ŞİMŞEK
Administrative Law
Assoc. Prof. Dr. Meltem KUTLU GÜRSEL
Criminal and Crim. Proc. Law
Assoc. Prof. Veli Özer ÖZBEK
Public International Law
Prof. Dr. Melda SUR
Turkish Legal History
Asst. Prof. Dr. Oğuz ŞİMŞEK
Taxation Law
Prof. Dr. Yusuf KARAKOÇ
b.
The Department of Private Law :
Chairman of the Department : Prof. Dr. M. Polat SOYER
Main Branches
Chairman/Chairwoman
Civil Law
Prof. Dr. Şeref ERTAŞ
Labour Law and Law of Social Security
Prof. Dr. M. Polat SOYER
Commercial (Trade) Law
Prof. Dr. Şeref ERTAŞ
Maritime Law
Civil Procedural Law and
Asst. Prof. O. Hami ŞENER
Assoc. Prof. Oğuz ATALAY
44
Enforcement and Bankruptcy Law
Private International Law
Prof. Dr. Işıl ÖZKAN
Roman Law
Asst. Prof. Gökçe ÖZDEMİR
c. Department of Finance and Economy
Chairman of The Department
:
:
Prof. Dr. Yusuf KARAKOÇ
Main Branches
Chairman/chairwoman
Finance
Prof. Dr. Yusuf KARAKOÇ
Economy
Asst. Prof. Dr. Canan ERKAN
F. 2005-2006 ECTS SCHEDULE
FIRST YEAR
Compulsory Courses
Code
Name of the Lecture
ECTS
10.3
10.5
14.3
10.0
10.9
10.5
Civil Law
Constitutional Law
Economics
Introduction to Law
Roman Law
Public Law
12
12
6
10
6
6
08.3
09.6
Turkish Revolution History
Turkish
2
2
Elective Courses
Code
Name of the Lecture
ECTS
10.1
10.9
14.2
14.1
14.1
10.9
14.3
03.6
14.3
Vocational Foreign Language
Methodology of Law
Sociology
Political History
Political Doctrine History
Judicial Structure Law
Economical Doctrine History
History of Art
Administration Economy
4
2
2
2
2
2
2
2
2
45
SECOND YEAR
Compulsory Courses
Code
Name of the Lecture
ECTS
10.3
10.6
10.4
10.2
10.9
14.3
11.3
Obligations Law (General Provisions) 12
Administrative Law
12
Criminal Law (General Provisions) 12
Public International Law
8
Turkish Law History
4
Finance
4
Computer Technologies
4 (2+2)
Elective Courses
Code
Name of the Lecture
ECTS
10.1
04.5
10.5
10.4
10.9
11.2
04.3
10.4
10.2
10.3
10.7
Vocational Foreign Language
Industrial Relations
Codification Techniques
Criminal Enforcement Law
Notification Law
Statistics
Inventory and Balances
Criminology
Human Rights Law
Association and Foundation Law
European Union Law
4
2
2
2
2
2
2
2
2
2
2
THIRD YEAR
Compulsory Courses
Code
Name of the Lecture
ECTS
10.3
10.9
10.4
10.9
10.3
10.5
10.9
10.9
Civil Law (Property Law)
Civil Procedure Law
Criminal Law (Special Provisions)
Commercial Law
Obligations Law (Special Prov.)
Tax Law
Philosophy and Sociology of Law
Public Law
8
8
8
12
8
8
2
2
Elective Courses
Code
Name of the Lecture
ECTS
10.1
Vocational Foreign Language
4
46
10.9
14.6
10.9
10.9
04.3
10.7
10.9
10.9
10.4
10.9
10.9
10.9
Notary Law
International Relations
Air Law
Intellectual Law
Accounting
European Union Law
Consumer Law
Intellectual and Industrial Property
Criminal Tax Law
Traffic Law
Construction Law
Press Law
2
2
2
2
2
2
2
2
2
2
2
2
FOURTH YEAR
Compulsory Courses
Code
Name of the Lecture
ECTS
10.3
10.9
10.4
10.2
10.9
12.9
10.9
10.9
10.9
Civil Law (Inheritance Law)
8
Execution and Bankruptcy Law
8
Criminal Procedure Law
8
Private International Law
8
Labour Law
10
Forensic Science
2
Administrative Procedure Law
4
Maritime Commerce Law
4
Commercial Papers (Securities) and Insurance Law 4
Elective Courses
Code
Name of the Lecture
ECTS
10.1
10.2
10.9
10.9
10.9
10.1
10.4
10.3
10.5
10.9
10.7
10.9
10.9
10.3
10.9
10.9
10.9
Vocational Foreign Language
International Criminal Law
Antiquities Law
Banks and Banking
Judicial Physchology
Comparative Civil Law
Military Criminal Law
Land Law
Environment Law
Attorneyship Law
European Union Competition Law
Stock Exchanges Law
Practical Execution Law
New-type Contracts Law
Transportation Law
Exchanges Law
Cooperatives Law
4
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
47
10.5
Tax Procedure Law
2
In order for the elective courses to be lectured, the vocational foreign language courses must
be selected by at least 10 and the other elective courses be selected by at least 25 students.
The elective courses last one semester. Any lecture with compulsory status lasts two
semesters (i.e. one full academic year).
* COURSES WE RECOMMEND TO INTERNATIONAL STUDENTS:
- CIVIL LAW
- INTRODUCTION TO LAW
- CONSTITUTIONAL LAW
- CRIMINAL LAW (GENERAL PROVISIONS)
- CRIMINAL LAW (SPECIAL PROVISIONS)
- COMMERCIAL LAW
- VOCATIONAL FOREIGN LANGUAGE
- PRIVATE INTERNATIONAL LAW
NB. The duration, ECTS credit value and content of each course has been provided
below.
G. EXAM AND GRADING SYSTEM
ECTS grading scale :
of
ECTS Grade %
successful
students
normally
achieving
the grade
A
Definition
10
EXCELLENT – outstanding performance with
only minor errors
B
25
VERY GOOD – above the average standart but
with some errors
C
30
GOOD – generally sound work with a number of
notable errors
D
25
SATISFACTORY – fair but with significant
shortcomings
E
10
SUFFICIENT – performance meets the minimum
criteria
FX
-
FAIL – some more work required before the
credit can be awarded
48
FAIL – considerable further work is required
F
(5) ECTS credits :
1 full academic year(akademik yıl) =
1 semester (sömestre)
=
1 term/trimester (dönem)
=
60 credits
30 credits
20 credits
At the Faculty, a full-year education system is implemented; thus, the academic year is
not officially divided into semesters. However, if a student decides to study at our Faculty for
only one semester, according to a Faculty Board decision, he/she may be allowed to take the
lectures regarding to the related course belonging to that period of time only.
The framework academic year for the university begins at the first week of October
and ends in late May or early June. Final and make–up examinations continue until the middle
of July. The University session generally falls in two semesters: fall semester is from October
to beginning of February and Spring semester is from February to June.
The academic break usually begins in the second week of January. Each semester is 70
full days except weekends and official holidays. Final and make-up examinations are not
included in this period. Note however, that the Faculty of Law, applies an academic calendar
that consists of one whole academic year. As for the elective courses, they are only lectured
for one semester, that semester being the second (spring) semester, which spans
approximately from February to June.
The regular student attending our faculty is expected to enter two mid-exams and one closing
examination, named as ‘final exam’. In case of failure to achieve the required minimum grade, the
student is offered the chance to enter one further exam, named as ‘make-up exam’.
The passing grade is sixty out of one-hundred. In other words, a student is expected to achieve
a minimum average mark of sixty. This overall average grade is obtained by combining all grades and
marks obtained throughout the year. To obtain such average, %20 of the first mid-exam, %30 of the
second mid-exam and %50 of the final exam results are taken into account.
However, whatever the overall average, a student must have obtained at least 50 (out of a full
one-hundred) from the final or make-up exam in order to pass.
If the average mark of a student at the end of the two mid-term exams attains 80 (out of a full
one-hundred) he/she is exempted from the final examination. Such student is deemed to have passed
the class.
49
As for the methodology of the exam, it consists of a multiple-choice exam. The number of
questions varies from year to year and according to being a mid-term exam or the final exam.
However, the exams usually consist of 75 to 100 questions and the duration of the exam changes from
120 to 160 minutes.
The student is offered four choices for each question and according to the instructions, is
expected to chose the right or wrong alternative. The value of each question is equal. No marks are
substracted for incorrect answers.
The main feature of the examination system is that the student does not take separate exams
from each course; instead, all the subjects are merged into one single and overall exam. That is to say
taht a student attending for example the third year, will enter two mid-term and one final exam (and
one make-up exam, if necessary) which consists of 75-100 questions belonging to all main-branch
subjects. To give an example, a second year student is lectured four main-branch subjects: criminal
law, obligations law, public international law and administrative law. Thus, the student will enter a
multiple-choice exam which consists of questions belonging to each one of the subjects. The quota of
questions allotted for each subject may vary from year to year.
If a student willing to study at our Faculty for only one semester, has been allowed to
do so by virtue of a decision to this respect passed by the Faculty Board, the exam system
he/she will be subject to, will depend on the content of that decision. However, in such case, it
is most probable that the student will be allowed to select whatever subjects he/she wants,
regardless of which year they are lectured in (needless to say, provided that they attain a
minimum of 20 ECTS and do not exceed the allowed statutory maximum of 30). In this case,
the student will enter separate and individual exams for each subject. The modality of the
exam shall depend on the discretion of the Faculty Board together with the relative teaching
staff member. However, the passing grade will still be 60, again provided that the final exam
result does not fall below fifty out of a full one-hundred.
THE MAIN PRINCIPLES OF THE CURRICULUM AND THE ITS EXAMINATIONS

The academicals calendar is determined by the Senate of the University
according to the proposal of the Faculty.

Since 2000-2001, the general curriculum in the faculty of law is executed in
one main structures: interdisciplinary problem-centered education courses,
known as the ‘active education system’

Each academic year contains fall and spring terms, although this sub-division
is only valid for administrative purposes. That is to say, the academic
50
curriculum is based on a full-year education system. Every term comprises 70
curriculum days except Saturdays, Sundays and the other official rest days.

The total lecture hours per week are minimum 20, maximum 28 hours. If
necessary, courses and examinations are also executed on Saturdays and other
rest hours.

In the interdisciplinary problem-centered education system, the departments,
faculty board and senate of the university collectively determine the lectures,
electives and the cases appearing in unit books.

The elective courses are separated in three main groups e.g. Public law, Private
Law and the Common Group. From the first year of their education, the
students are to select either from the private law group or public law group.
Subsequently, the student shall only choose elective courses belonging to either
Private Law Group-Common Group or Public Law Group-Common Law
Group.

The total education period in faculty of law is 4 years. According to article 44
embodied in the Act numbered 4111, only 3 further years (6 terms) may be
allowed in addition to this period in order for a student to graduate.

In the interdisciplinary problem-centered education system, the mid-term
examinations of the lectures are carried out once in a term; the examinations of
the interdisciplinary problem-centered education courses are held at the end of
the courses; at the end of the year there is also one more final exam held from
all the courses (theoretical and problem-based). The lecturers may also
organize quizzes in their own courses, although that is not frequent at all.

The qualifications for attending the final exam at the end of the year and its
completion are: to attend the lecture courses with %70 percent; to attend the
interdisciplinary problem-centered education courses with %80; to fulfill
homeworks, papers and other works successfully.

In the faculty of law, a system of “class-passing” is implemented. The students
who fail to pass the classes in which interdisciplinary problem-centered
education is executed shall not take the courses with electives from the upper
class.
51

According to internal rules and regulations in force at the Faculty, the grades
are categorized as follows:
85-100 AA
70-84
BB
60-69
CC
50-59
DD
49-0
FF
The grades, which are not included in the average, are:
Y- Insufficient (Yetersiz)
B- Successful (Başarılı)
Temporary Grades are:
D- Discontinuous (Devamsız) (This grade is accepted as FF in the calculation
of the grade average)

Under some provisions, the students both in the interdisciplinary problemcentered education system and the fixed curriculum system should be excused
because of their success in the whole year under the arrangements of faculty
regulations.
INTERDISCIPLINARY PROBLEM-CENTERED EDUCATION
The faculty of Law offers its students a four-year curriculum. Each year is divided into
two main terms. Each term contains three courses of 3 weeks of problem-centered education.
Dokuz Eylül University, which has celebrated its 20th anniversary last year, is known
with its “active learning system”. This system, which has initially been developed at the
Faculty of Medicine for the first time in Turkey, is also being adopted by the Faculty of Law.
What does a student acquire with the active learning system:




Critical Thinking
Coping with the problems
Reaching the right sources of learning
Analysing and synthesizing information
52









Producing hypotheses
Concluding
Having self confidence
Working in a team
Effective self-expression
Listening
Undertaking responsibilities
Discussing
Sharing
Apart from acquiring knowledge, students receive considerable practical training:
writing, debating, and negotiating. Besides the interdisciplinary problem-centered education
courses, students continue to take the fixed courses in the curriculum.
Interdisciplinary courses contain content matter from at least two disciplines, e.g. civil
law, constitutional law or Roman law. Teachers of various disciplines, organized in “planning
groups”, collaborate to produce a wide range of learning incentives and resources in order to
provide students with a basis for understanding the topics brought together from the various
disciplines. The members of the planning group are responsible for all teaching activities in
the course. They put together a so-called “unit book”, organize small-group tutorials, skilltraining practical and lectures. They are also responsible for the tests at the end of the course.
A problem assignment usually consists of a description of observable phenomena,
situations or events, which need explanation. In building a curriculum in this problemcentered and integrated way, The Faculty strives to stimulate students, in the early stages of
their studies, to collect and synthesize information from a broad range of disciplines and teach
them to glean such information selectively and efficiently from a variety of sources. The staff
also hope that students will acquire an attitude of actively applying their knowledge and that
students are continuously trained in problem-solving skills. By being educated in this way,
students discover from the outset that working on problems call for the integration of different
subject matters.
Problem-based learning can be briefly described as a collection of carefully
constructed and engaging problems presented to small groups of students, consist of 12
students and a tutor. The tutor is a faculty member. Tutorial groups meet twice a week for 4
hours (e. g on Mondays and Thursdays). The task of the group is to discuss these problems in
terms of the underlying theory, their legal definition, the applicable legal rules and relevant
case law and they elaborate on tentative explanations for the phenomena or events described.
53
Essential to the method is that students’ prior knowledge of the problem is, in itself,
insufficient to understand the problem in depth. During the initial analysis, students will try to
build a preliminary mental model of the process, principles or legal rules responsible for the
phenomena described.
However, since their prior knowledge is limited, questions will come up and dilemmas
will arise. These questions and dilemmas can be used as learning goals for subsequent,
individual, self-directed learning. After a period of individual study, students return their
group to exchange the information found in the literature. They examine whether they now
have acquired a deeper, more accurate, more detailed understanding of what is going on
behind the problem’s observable phenomena. In addition, they must structure the subject
matter and apply their newly acquired knowledge to the problem in hand to check whether
they are now better equipped to understand and possibly solve it. The discussion is chaired
one of the students and guided by a tutor.
A very active role is required of students in acquiring subject knowledge. They must
explain to each other the principles, theories or rules involved and reasons why they are
relevant to the phenomena described in the problem assignment. They must also establish the
weak and strong points of a theory and the way in which certain aspects of a legal process are
to be understood. The students are more or less each other’s teachers. They take turns in
chairing the discussion. The small-group tutorials are based on cooperative behavior. But
sometimes students may need support in order to adequately analyze problems and to be able
to synthesize the relevant knowledge. They may misunderstand some aspects of the newly
acquired information, fail to fully recognize the coherence of the subject matter or use
misconceptions, which will prevent them from exploring deeper levels of understanding. For
this reason, a tutor guides each small-group tutorial. Tutors of a problem-based tutorial
group have generally two main tasks. Their first and the main task are to facilitate students’
learning process.
Tutors guide the students’ self-directed exploration of new domains of knowledge.
The tutor may ask inspiring such questions as “What would happen if…?”. During these
phases, the tutors actively listening to what students have to contribute, helps the students to
fell secure and stimulate them to explore all possible explanations for the phenomena written
into the problem assignment. Tutors may also support the students by asking probing
questions, which challenge the students’ points of view, and providing (counter-) examples
and metaphors, which might help the students to remember the subject matter.
54
The second aspect of the tutor’s role concerns student cooperation in the learning
process. Tutors can help students to effectively interact in their group, by showing them how
to structure the sessions properly, by offering feedback on the way the group members are
communicating with each other, by encouraging the more silent members, by supporting the
students chairing the meeting and by fostering group development.
G. The Curriculum of the Faculty, the Academic Staff and the Time Periods of the
Courses per Week (2005-2006)
Academic
Staff Year
Lecturing the Course
Number of hours ECTS
the
course
is Value
lectured
(per
week)
Civil Law
Assoc.
Prof.
Demet 1
ÖZDAMAR/ Asst. Prof.
M. Beşir ACABEY
3
12
Constitutional
Law
Assoc.
Prof.
Meltem 1
CANİKLİOĞLU/
Asst.
Prof. Oğuz ŞİMŞEK
3
12
Economy
Asst.
ERKAN
2
6
1
2
10
Ö. 1
2
6
Meltem 1
2
2
Canan 1
2
2
1
2
2
1
2
4
Ayşe 2
4
12
Assoc.
Prof.
Meltem 2
KUTLU
Assoc.
Prof.
M.
R. 2
ERDEM/ Assoc. Prof. V.
3
12
3
12
Course
Introduction
Law
Prof.
Canan 1
to Asst. Prof. Mustafa ALP
Roman Law
Asst. Prof.
TÜRKOĞLU
Gökçe
Political
Assoc.
Prof.
History(Elective) CANİKLİOĞLU
Enterprise
Economy
(elective)
Asst.
ERKAN
Prof.
Methodology of
Law (elective)
Prof. Nevzat KOÇ
Vocational
English
(elective)
Obligation
Law
(General
Provisions)
Administrative
Law
Criminal
Law
(General
Asst. Prof. Can GÖKSOY
Assoc.
Prof.
HAVUTÇU
55
Credit
Provisions)
Public
International
Law
History
of
Turkish Law
Finance
Criminology
(elective)
EU
Law
(elective)
Ö. ÖZBEK
Prof. Melda SUR/ Asst. 2
Prof.
Münevver
A.
ACABEY
Dr. İrem KARAKOÇ
2
2
8
2
4
Prof. Yusuf KARAKOÇ
Asst. Prof. R. M. ÖNOK
2
2
2
2
4
2
Asst. Prof. Hacı CAN
2
2
2
Vocational
English
(elective)
Asst. Prof. R.M. ÖNOK
2
2
4
Human
Rights
(elective)
Asst. Prof.
SEZER
D. 2
2
2
Notification Law
Asst. Prof. Mine AKKAN
2
2
Tijen
2
(Elective)
Law of Property
Prof. Şeref ERTAŞ
3
(Civil Law)
Civil
Law
Procedural Assoc.
ATALAY
Prof.
3
Oğuz
8
8
3
3
3
Commercial Law Asst.
Prof.
Sevilay
(I)
EROĞLU/
O.
Hami
ŞENER
3
Obligation
Law Prof. Nevzat KOÇ
(Special
Provisions)
3
2
8
4
12
2
8
2
8
2
2
2
6
Criminal
Law Assoc. Prof.
(Special
Ruhan ERDEM
Provisions)
Taxation Law
Mustafa
Prof. Yusuf KARAKOÇ
3
Legal Philosophy Assoc.
Prof.
Meltem 3
& Sociology
CANİKLİOĞLU
Public Law
Dr. Esra ATALAY
1 and 3
56
Law
Intellectual
Industrial
Property
(elective)
of Asst.
Prof.
and EROĞLU
Sevilay
3
2
2
3
2
2
3
2
2
Asst.
Prof.
Emre 3
GÖKYAYLA
Asst. Prof. R. M. ÖNOK
3
2
2
Vocational
english
(Elective)
Consumer
Dr. Murat AYDOĞDU
3
Protection
Law
(elective)
Law
of Asst.
Prof.
Hakan
Inheritance
ALBAŞ
2
4
2
2
4
Enforcement and Assoc. Prof. Muhammed 4
Bankruptcy Law ÖZEKES
Prof. Huriye KUBİLAY/
Commercial
Asst. Prof. Can GÖKSOY
2
2
8
8
4
2
4
4
2
4
Özer 4
2
8
4
2
8
Asst.
Prof.
Muhlis
ÖĞÜTÇÜ
Prof. M. Polat SOYER/
Prof.
Melda
SUR/
Assoc.
Prof.
Şükran
ERTÜRK/ Asst. Prof.
Mustafa ALP
Forensic Science Prof. Serpil SALAÇİN
Social
Security Assoc.
Prof.
Şükran
Law (elective)
ERTÜRK
Stock Exchange Prof. Huriye KUBİLAY
Law (elective)
Transportation
Prof. Huriye KUBİLAY
Law (elective)
Antiquity
Law Asst.
Prof.
Muhlis
(elective)
ÖĞÜTÇÜ
Law of political Asst.
Prof.
Oğuz
parties
ŞİMŞEK
(elective)
4
2
4
4
3
10
4
4
1
2
2
2
4
2
2
4
2
2
4
2
2
4
2
2
Vocational
English
(Elective)
4
2
Asst.
Prof.
TEKTÜFEKÇİ
Accounting
(elective)
EU
(elective)
Law
Traffic
(elective)
Law
Fatma
Asst. Prof. Hacı CAN
Papers
and
Insurance Law
Maritime
Commerce Law
Asst. Prof. Vural SEVEN
Criminal
Procedure Law
International
Private Law
Administrative
Jurisdiction
Labour Law
Assoc. Prof. V.
ÖZBEK
Prof. Işıl ÖZKAN
Asst. Prof. R. M. ÖNOK
4
57
H. CONTENTS OF THE LECTURES
THE CONTENTS OF THE LECTURES IN THE FIRST CLASS
The main subjects of the lectures are listed below with their abbreviations (The first
number indicates the total hours of lecture for that subject, the numbers in brackets show if
the subject is lectured theoretically or practically (e.g 3 (3+0) means that the subject is
lectured for three hours per week, and all three hours consist of theoretical lessons).
NB. The ECTS credit value for each course is indicated in the above-table.
HUK 101 CIVIL LAW 3 (3+0)

:
The initial provisions (the application order of the provisions in civil law
relations, the objective and subjective goodwill separation)
Law personality (the concept of personality, its types, societies, competency, the
prevention of the personality)
Family law (engagement, marriage, divorcement, parentship, the provisions
regulating the relations between family members)


HUK 102 CONSTITUTIONAL LAW 3 (3+0)

:
The improvement of the constitutional movement, the basic qualifications of the
constitution of 1961
The fundamental properties of the constitution of 1982
The main descriptions of state, the functions of the state and its public law
transactions
The functions of Legislation-Jurisdiction-Execution
The organization of the Turkish Higher National Parliament, the legal positions
of the parliaments, the inside structure have the Council and its working order.
Political parties
Constitutional jurisdiction.
The general theory of fundamental rights







HUK 103 ECONOMY 2 (2+0)




:
The basic concepts of economy
The markets of goods and manufacturing factors
Monetary economy, national income, the formation of employment and
national income.
The topics of macro and micro economy
HUK 104 INTRODUCTION TO LAW 2 (2+0)
:
58
-
Social order
Application of laws
Legal relationships, rights and obligations
The subject and owner of rights
General information regarding subjects that will later be lectured
HUK 105 ROMAN LAW 2 (2+0)





:
The history of roman law
The general provisions of roman private law
Roman family law, roman property law (the concept of ownership and holder
and the prevention ways)
Roman obligation law and its comparison with Turkish- Swiss Obligation law
Roman inheritance law
Aİ 101 PRINCIPLES OF ATATÜRK AND THE REVOLUTION HISTORY 2 (2+0):
TD 100 TURKISH GRAMMER 2 (2+0)
:
YD 101 FOREIGN LANGUAGE 4 (4+0)
:
Vocational English: - Translation and legal evaluation of the jurisprudence of the
European Court of Human Rights with regard to Turkey (sample judgments analysed
within class: Çiçek v Turkey, (Application no. 25704/94), Judgment 27.2.2001); Öcalan v
Turkey, (Application no. 46221/99), Judgment 12.3.2003.
- Texts and Materials Regaridng Basic Principles of International Criminal Law
- Debate on Current Legal Problems (eg. Hunger Strikes, Rape within the Family;
Fornication; Torture; Death Penalty (Capital Punishment); Euthanasia; Pardons and
Amnesties; Immunities and Privileges granted to MPs; Ban on Religious Symbols (in
particular the Islamic headscarf).
BD/GS SPORT/ ART 1 (1+0)
:
HUK 121 THE ENTERPRISE ECONOMY 1 (1+0)
:


The concept of enterprise and its interior and outer relations
The increasing methods of the productivity and profits
HUK 128 Methodology of Law 2 (2+0)
:
 Methods used in investigations connected with law
THE CONTENTS OF THE LECTURES IN THE SECOND CLASS
59
The main subjects of the lectures are listed below with their abbreviations.
HUK 201 OBLIGATION LAW (GENERAL PROVISIONS) 4 (4+0):




The concept of free wills, legal transactions.
Responsibility law
Tortuous acts, unjust enrichment, absolute liability.
The default of the debtor and the creditor.
HUK 202 ADMINISTRATIVE LAW 3 (3+0)









:
The administration concept, the improvement of the properties of administrative
law
The sources of the administrative law
The structure of the administration and the basic principles of it
The law of government officers.
Public property, its types and gaining methods of them
The transactions and the actions of the administration
Administrative contracts
The liability of the administration
The basic properties of the administrative jurisdiction.
HUK 203 CRIMINAL LAW (GENERAL PROVISIONS) 3 (3+0):

















The definition of criminal law
The subject matter of criminal law
Historical development of criminal law
Sources of criminal law
Main principles of criminal law
Interpretation of criminal rules
The scope of application of criminal laws (personal, temporal and territorial)
International extradition
The general theory of crime
Constitutive elements of a crime
Tipicity of an act
Act, consequence (result) and causality
Illegality in criminal law and causes of justification
Culpability and grounds for excluding criminal responsibility
Intention, negligence and objective responsibility
Attempt, participation
Legal object of the crime and the victim
60




The scope, purpose and types of penalties in criminal law
Determination of the penalty
Institutions regarding the system of penalties (suspension of sentences,
conditional release)
Causes extinguishing the authority of the state to impose penalties (death,
amnesty, pardon, revocation of the complaint, prescription)
HUK 204 INTERNATIONAL PUBLIC LAW 2 (2+0) :















The basic characteristics of international law, international society and
international law, relationship between international and domestic law
The formation of international rules, sources of international law (international
treaties, customary law, general principles of law)
The subjects of international law and international personality
The state (constitutive elements, authorities and power belonging to the state,
types of states)
Territorial boundaries of the state
International maritime law (status of islands, internal waters, territorial waters,
archipelagical waters, straits, contiguous zone, fishery zone, continental shelf,
high sea, deep seabed)
International air and space law
International organisations
International jurisdiction
Recognition of states and governments
State succession
Diplomatic and consular relations
International responsibility
Resolution of international disputes
Law of armed conflicts
HUK 205 HISTORY OF TURKISH LAW 2 (2+0)



The legal structure of the Ottoman Emperor,
The transition period in the Republic
The legal reforms
HUK 206 FINANCE 2 (2+0)



:
:
The general knowledge of the science of finance
The public service expanses
The concept of budget, public incomes and the obligations of the states
TBT 201 BASIC INFORMATION TECHNOLOGIES 4 (2+2):
61
HUK 221 INDUSTRIAL RELATIONS 2 (2+0)


:
The industrial bodies, their working systems
The formation the work and worker productivity
HUK 223 LEGISLATIVE METHODS 2 (2+0)




:
Legislation and the preparation period,
Authorized bodies for enactment
Legal drafts
The inner working period of the Parliament
HUK 224 CRIMINAL EXECUTION LAW 2 (2+0) :




Target of the execution
Treatment of the convict
The types of executions
Death penalty, penalties restricting personal liberty, monetary penalties and their
executions
HUK 225 LAW OF NOTIFICATION 2 (2+0)



The enforcement of the notification, its types
Notification expanses, the place of the notification, the addressee of it
The notification code numbered 7201 and its own regulation
HUK 226 STATISTICS 2 (2+0)


:
The holding of commercial books
The formation of inventory and the preparation of budget
HUK 228 CRIMINOLOGY 2 (2+0)

:
The collection of data from various sources and the usage of them in the
calculations
The principles and methods
HUK 227 INVENTORY AND BUDGET 2 (2+0)


:
:
The history criminology, its definition
62



The studying and investigation methods
The concept of crime, its classification, the roots of the crime concept
The environmental influences over the concept of crime and its biological,
physiological roots
HUK 229 HUMAN RIGHTS 2 (2+0)





:
The convention of European Human Rights,
International guarantee systems for preventing the human rights
Right of individual apply
The influences of the convention in the domestic law
The sample cases before the court of European Human Rights.
HUK 220 VOCATIONAL FOREIGN LANGUAGE 2 (2+0)
:
Vocational English: - Translation and legal evaluation of the jurisprudence of the
European Court of Human Rights with regard to Turkey (sample judgments analysed
within class: Çiçek v Turkey, (Application no. 25704/94), Judgment 27.2.2001); Öcalan v
Turkey, (Application no. 46221/99), Judgment 12.3.2003.
- Texts and Materials Regaridng Basic Principles of International Criminal Law
- Debate on Current Legal Problems (eg. Hunger Strikes, Rape within the Family;
Fornication; Torture; Death Penalty (Capital Punishment); Euthanasia; Pardons and
Amnesties; Immunities and Privileges granted to MPs; Ban on Religious Symbols (in
particular the Islamic headscarf).
THE CONTENTS OF THE LECTURES IN THE THIRD CLASS
The main subjects of the lectures are listed below with their abbreviations.
HUK 301 Civil Law (Property Law) 3 (3+0)
:
 Concept of possession
 Principles of movable and immovable objects
 Acquiring and transfer of ownership
 Restricted real rights
 Leasing the property
 Limiting property rights
 Concepts of possession, ownership, real estate ownership, mortgage
HUK 302 Civil Procedural Law 3 (3+0)
:
63

Jurisdiction and Venue

Disqualification and Challenge of Judges

Parties (Capacity, plurality of parties, severance and joiner of cases,
interpleader, intervention by a third person)

Representation of parties

Duties and Obligations of Parties

Amendments, desisting and acquiescing, security

Provisional Remedies

Filling of a suit, answers on the merits

Investigation

Questioning of parties by trial examiner

Evidence and the presentation thereof (testimony, proof of experts, deeds,
proof of oath, view of premises, special proof)

Judgment

Legal remedies, appeal, vacating judgment, clarification of judgment

Verbal procedure

Special procedure

Arbitration

Responsibilities of judges
HUK 303 Criminal Law (Special Provisions) 2 (2+0) :
 Importance of the private part of criminal law and its relation with the
general provisions of criminal law
 Criterions for classification of crimes
 Legal subject of the crime
 International Crimes (genocide, crimes against humanity, trafficking in
human beings, migrant smuggling)
 Crimes against private persons (murder, homicide, manslaughter, assault,
battery, torture, sexual crimes)
 Crimes against property
 Crimes against the liberty,
 Crimes against the honor
 Crimes against private life
 Crimes against public security, public welfare
 Crimes against the administration of justice,
 Crimes against the personality and government of the state
 Crimes against the State administration
 Types of crimes embodied in acts other than the Criminal Code
HUK 304 Commercial Law I 4 (4+0)
:
 Commercial enterprise Law (enterprise, Commercial activities,
Commercial action, merchant, trade register, commercial books,
commercial agent, merchant obligations, trade name, unfair competition,
trade mark)
 Corporation Law (unincorporated company, corporation, general
partnership, limited partnership, limited liability company, cooperative
association)
64
HUK 305 Obligations Law (Special Provisions) 2 (2+0) :
 Sui generis contracts
 Mixed contracts
 Contracts of sales, suretyship, rents, barter, donation, employment, lease,
bailment
 Permutation
HUK 306 Tax Law 2 (2+0)
:
 Burden of tax
 Tax procedure, rules applicable to the payment and collection of taxes
 Tax payer
 Basis of tax, taxable values, tax exemption
 Tax disputes and solution ways
 Tax appeals commission
 Tax offences and penalties
HUK 307 Philosophy and Sociology of Law 2 (2+0)
:
 The definition and the main subjects of philosophy of law
 The main science branches related with law
 The methodology of philosophy and sociology of law
 The historical development of philosophy of law in philosophical thought
 The term of law an the distinctivity of law in subjective and objective
meanings
 Culture and law
 Liberty and law
 Justice as an essence of law
 Democracy and law
 History of sociology of law
 The theoretical principles of modern law
 Social reality
 The social groups in Turkey and their effects and activities
 Government
 Society
 The social end legal system
 The sanction problem
 Revolution as a social fact
HUK 308 Public Law 2 (2+0)
-
The concept of state throughout the ages
-
The elements of the state
Political doctrines
Political parties
Modern state
:
65
-
Development of fundamental rights and freedoms
Civil rights
HUK 321 Law of the Notaries 2 (2+0)
 Duties of notary public
 Notarial transactions
 Notarized Certificates
 Jurisdiction of him and payments
:
HUK 323 International Relations 2 (2+0)
:
 International conventions
 Obligations and responsibilities under these conventions
 Effects on domestic law
 Principles on International politics
HUK 325 Air Law 2 (2+0)
:
 Legal regime and definition of air
 Relevant international conventions
 International organizations
 Turkish domestic law
 Security of national aviation
 Air vehicles in international private law
 Liability of carrier for passenger and the luggage
 Limits of liability
 The jurisdiction in liability actions
 Liability of air vehicles for the accidents on earth’s surface
HUK 326 Intellectual Property law 2 (2+0)
:
 Concepts of copyright and protection
 Rights on intellectual and artistic works
 Patent rights and trade marks
HUK 327 Accounting 2 (2+0)
:
 Account books
 Balance sheet
 Methods of preparing certificates relating accounting
HUK 328 European Union Law 2 (2+0)
 Establishment of EU
 Custom Union
 Regulations of EU
:
THE CONTENTS OF THE LECTURES IN THE FOURTH CLASS
66
The main subjects of the lectures are listed below with their abbreviations.
HUK 401 Civil Law (Inheritance Law) 2 (2+0)
:
 Heirs, their reserved portions
 Abridgement
 The concept of succession
 Liability regarding the debts of the succession
 Types of testamentary disposition (wills, testamentary contract)
 Suits of nullity
 Joint ownership of co-heirs
 Disinheritance
HUK 402 Enforcement and Bankrupt Law 2 (2+0)
:
 Execution enforcement office
 Enforcement officer
 Executive proceeding
 Court of enforcement
 Writ of execution
 Attachment
 Dissolution of attachment
 Cautionary attachment
 Foreclosure
 Sale of pledged property
 Bankruptcy, insolvency of a merchant (The main concepts of Bankrupt
law, trustee in bankruptcy, bankruptcy office, bankruptcy court,
bankrupt’s estate)
 Suit of nullity
HUK 411 Maritime Commerce Law 2 (2+0)
 The concept of ‘ship’
 Ship ownership
 Shipmaster
 Contract of affreightment
 Charter party
 Liability of parties
:
HUK 412 Commercial Papers and Insurance Law 2 (2+0):









Concept of commercial papers
Principles of commercial papers law
Commercial bills
Promissory note
Bill of exchange
Cheques
Marine insurance
Casualty insurance
Insurance for fire and accident
67
HUK 404 Criminal Procedure Law 2 (2+0)
:
 Definition, history and sources of criminal procedure law
 Interpretation of the rules of criminal procedure law
 Scope of application
 The pre-conditions for exercise of criminal jurisdiction
 Human rights in criminal trials and the principles of criminal trial
 Organisational structure of criminal procedure, parties to the process
 Procedures of criminal procedure
 Evidence
 Protective (precautionary) measures
 Processes of criminal procedure
 Legal remedies
 Special criminal procedure and procedure regarding the application of
security measures
HUK 405 International Private Law 2 (2+0)
:
 Conflict of laws
 Law of foreigners
 Law of citizenship (nationality, denaturalization)
 International procedural law (competent court in international relations,
exequatur and recognition of foreign judgement)
HUK 406 Labour Law 3 (3+0)
:
 Individual labor relationship (work contract, discharge from employment,
cancel of employment contract, severance pay)
 Collective labor contracts (trade unions, strike and lockout, collective
labor dispute, collective bargaining)
HUK 408 Forensic Science 1 (1+0)
:
 Death
 Presumption of death
 Establishment of findings on victim and gun
HUK 421 International Criminal Law 2 (2+0)
:
 The distinguishing characteristics of national and international criminal
law concepts
 Territoriality principle and the other prosecutorial principles regarding
crimes committed in foreign countries
 Jurisdictional conflicts and solutions
 The validity and enforcement of foreign criminal court decisions
 The transfer of convicts
 Judicial cooperation in criminal prosecution
 International crimes (aggression, genocide, crimes against humanity and
war crimes)
 The history of the international criminal courts (Nürnberg, Tokyo,
Yugoslavia, Rwanda) and present position (ICC)
68
HUK 422 Cultural Welfare and Antiquity Law 2 (2+0) :
 Cultural and natural wealth
 Movable and immovable properties of culture and nature
 Protection of cultural and natural wealth and related commissions and
regulations
HUK 423 Banking Law 2 (2+0)
:
 Establishment rules of banks
 Functions, actions, precautions for the prevention of investments
 Credit contracts, letter of credit, credit cards
HUK 424 Legal Psychology 2 (2+0)
 Types of offences
 Causes of criminality
 Psychology of the victim
 Offender and witness
:
HUK 425 Comparative Civil Law 2 (2+0)
 Basic concepts of civil law
 Law of persons and family law
:
HUK 426 Military Criminal Law 2 (2+0)
:
 The importance of the military criminal law and its relation with the
general criminal law
 Its sources, scope of application (personal and territorial)
 Military crime theory
 The definition of military crime
 Criminal penalties
 Actions against military discipline
 Military adjudication law
HUK 427 Land Law 2 (2+0)
 Concept of land
 Ottoman land system
 Regulations about land
 Soil reforms
 Registration of real estate
 Land register and related problems
:
HUK 428 Environmental Law 2 (2+0)
:
 Concept of environment, polluter and environmental pollution
 Principle of “the polluter pays”
 Polluter’s responsibility
 Environmental insurance
HUK 430 Law of Advocacy 2 (2+0)
:
69






Characteristics of the profession
Conditions for being granted access to the profession
Obligations of an advocate against his clients
Obligations under the relationship between the advocates
Rights of advocates
Legislative amendments regarding advocates
HUK 432 European Union Competition Law 2 (2+0) :
 Connection between Turkish and European Union Competition law
 Turkish regulations and other rules for competition
 Regulations of the European Union
 Related Decisions of European Court of Justice
HUK 434 Stock Exchange Law 2 (2+0)
:
 Concept of stocks and shares and types thereof
 Exchange of stocks and shares
 Brokerage
 Occupation of a broker
 Putting in circulation
 Advisor for investment
 Different organized markets
HUK 436 Applied Enforcement and Bankruptcy Law 2 (2+0):
 The examining of practical cases and court decisions related with
enforcement and bankruptcy law
70