Republic of Turkey Ministry of Justice TURKISH JUDICIAL SYSTEM Ali Rıza ÇAM Reporter Judge in Ministry of Justice, Turkey Some facts and figures on Turkish Justice System Republic of Turkey Ministry of Justice According to Turkish Constitution article 2 : “Turkey is a democratic, secular and social state based on rule of law” The principle of separation of powers exist in Turkey. In line with, this principle, judicial power is exercised by the independent courts on behalf of Turkish nation. INDEPENDENCE OF JUDICIARY • Judges are independent in discharging their duties. • • No organ, authority, office or individual may send them circulars, or make recommendations or suggestions. • Legislative and executive organs and the administration shall comply with court decisions Guarantees of Judges and Public Prosecutors • Judges and prosecutors; • shall not be dismissed, or retired before the age prescribed by the Constitution; • nor shall they be deprived of their salaries, allowances or other rights relating to their status FUNCTIONS OF THE HIGH COUNCIL • Admission of judges and public prosecutors into the profession, • appointments, transfers to other posts, the delegation of temporary powers, • promotion and allocation of posts, • decisions concerning those whose continuation in the profession is found to be unsuitable, • the imposition of disciplinary sanction and • removal from office HIGH LEVEL COURTHOUSES Republic of Turkey Ministry of Justice 1. Court System Constitutional Court of Court Cassation Constitutional Jurisdiction Civil Jurisdiction Council of State Administrative Jurisdiction Republic of Turkey Ministry of Justice Court of Cassation (Appeal) Criminal Departments Civil Departments Republic of Turkey Ministry of Justice First Instance courts Criminal Courts Civil Courts General Criminal Courts (Penal Court) Felony Courts (High Criminal Court ) Magistrate Courts Peace Courts General Civil Courts MILITARY COURTS • Military justice is exercised by military courts and disciplinary courts. These courts have jurisdiction to try military personnel for military offences, for offences committed by them against other military personnel or in military places, or for offences connected with military service and duties. (Article 145 of the Constitution) Specialised Courts Commercial C. Labour C. Maritime C. Land Registry C. Family C. Consumer C. Juvenile C. Enforcement C. Traffic C. COUNCIL Of STATE Republic of Turkey Ministry of Justice 1. Council of the state consists of twelve departments: 1. Department’s task is consultancy 2. Department’s task is assize of the officers 2. Other ten departments task is appeal on administrative and tax cases COUNCIL Of STATE Republic of Turkey Ministry of Justice Administrative Courts (Regional) of Appeal Administrative Courts Tax Courts Number of the Judges and Prosecutors High Criminal Courts Centres 134 Courthouses 587 Judges 6.199 Public prosecutors 4.114 Administrative judges 1.259 Personnel Forensic Medicine Units Penitentiary and Detention Houses 59.037 63 375 The Annual Number of Case in Turkey Presecution Files Criminal Cases Civil Lawcases Administrative Cases 8.763.011 2.764.497 2.180.305 409.151 Enforcement Cases 9.640.699 All judiciary processes, case management, trials, correspondence and transactions were transmitted into the electronic environment which enables paperless office structure.