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Begin New Search Topic Law Content Type Special Report Publishing Institution Turkish Economic and Social Studies Foundation (TESEV)

1. Local Recommendations for Access to Justice in Turkey

Author:
Bürge Elvan Erginli, Gamze Nur Çelik, Koray Özdil, and Seda Akço Bilen
Publication Date:
11-2015
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The report “Local Recommendations for Access to Justice in Turkey” was developed under the project Enhancing Civic Participation and Confidence Building in the Judicial Reform Process and run in partnership with the Turkish Economic and Social Studies Foundation (TESEV) and Turkije Instituut, based in Leiden, Netherlands. The main objectives of the project are to identify, at a local level, the problems that prevent citizens in Turkey from accessing justice in judicial processes, to support local actors serving in the field of justice and law in turning identified problems into significant policy recommendations, and thus, to develop local recommendations for judicial reform.
Topic:
Environment, Law, Courts, and Justice
Political Geography:
Turkey, Middle East, and Netherlands

2. Assessment on Changes regarding the Specially Empowered Judicial System in Turkey

Author:
Hande Özhabeş
Publication Date:
05-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
A number of amendments for criminal law have been instituted in Turkey in recent years within the framework of the judicial reform process that especially were geared towards the realization of the fair trial principle. Between 2011 and 2013, four groups of legal amendments named “Judicial Reform Packages” were passed. These brought about important improvements regarding fair trial, freedom of speech, personal liberty and security. The TESEV Democratization Program published a report evaluating the effect of these four judicial reform packages on rights and freedoms in September 2013. This brief report provides an evaluation of the amendment package instituted in March 2014 that included important changes vis-a-vis the specially empowered judicial system.
Topic:
Democratization, Law, Reform, Criminal Justice, and Justice
Political Geography:
Turkey and Middle East

3. TESEV’s Suggestion: Anti-Corruption Legislation and International Acquis

Author:
R. Bülent Tarhan
Publication Date:
01-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This comprehensive work has been prepared by Prime Minister’s Chief Inspector Bülent Tarhan and contains all related UN and OECD documents, government of Republic of Turkey’s fight against corruption action plans, decision and circulars of the prime ministry, national programme of Turkey related with undertaking of the EU Legal Acquis related provisions of the Turkish law, EU Progress reports, GRECO Turkey Reports, all anti-corruption laws and GNAT Corruption Investigation Commission Report as well as Mr.Tarhan’s article ‘Institutional Foundation of Anti-corruption’. Published by TEPAV (The Economic Policy Research Foundation of Turkey) this work is an extensive source of information to anyone who has been interested in this subject matter. In order to navigate easily in this 1040 page long document, you can click on the titles and sub-titles in the summary of contents. This work has only been published in Turkish.
Topic:
Corruption, Law, European Union, Courts, Accountability, Transparency, and Justice
Political Geography:
Europe, Turkey, and Middle East

4. The Spirit of the Police Laws in Turkey: Legislative Discourses, Instruments and Mentality

Author:
Biriz Berksoy, Mehmet Uçum, Zeynep Başer, and Zeynep Gönen
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Spirit of the Police Laws in Turkey: Legislative Discourses, Instruments and Mentality” is a discussion of the quality of policing in Turkey as is laid out by laws and the authority and powers given to the police. It aims to uncover the dynamics that extend or restrict police authorities through regulations. Looking at police laws in this manner unearths clues – albeit at the level of discourse – about the mentality of policing, the elements of the conceptualizations of “crime,” “criminal,” “order” and “security” within the police force, and the grounds that legitimize police authority. We hope that the report will lead to a more fruitful discussion of the limits of police powers and duties together with the problems of insufficient oversight and impunity.
Topic:
Security, Law, Democracy, Criminal Justice, Police, and Justice
Political Geography:
Turkey and Middle East

5. Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms

Author:
Hande Özhabeş and Naim Karakaya
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms” authored by Naim Karakaya and Hande Özhabeş, is published as part of TESEV’s ongoing work on judicial reform. The report focuses on the four judicial reform packages released by AK Party government between 2011 and 2013. It analyses the Judicial Packages and evaluates them from the perspective of rights and freedoms, and focuses especially on freedom of expression, right to liberty and security, right to a fair trial as well as the execution system.
Topic:
Security, Law, Reform, Freedom of Expression, Justice, and Judiciary
Political Geography:
Turkey and Middle East

6. The Other Side of the Ergenekon: Extrajudicial Killings and Forced Disappearances

Author:
Gülçin Avşar
Publication Date:
11-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The Ergenekon Trial has been one of the most important political developments in recent Turkish history. The trial helped uncover the ways in which some groups in the military establishment and their political and economic collaborators in civilian circles were intervening illegally in democratic politics. When the trial revealed that the suspects had ties to the Susurluk scandal and to organizations that had committed extrajudicial killings of Kurdish civilians in the 1990s —the Yüksekova Gang, the Gendarmerie Intelligence and Counter Terrorism organization, and the Special Forces Command—there were heightened expectations among the public that grave violations of human rights committed during the 1990s, particularly against the country’s Kurdish citizens, would be brought to light. Yet the prosecutors and panel of judges in charge of conducting the investigation phase of the trial ignored these expectations as they prepared the criminal complaint, instead focusing solely on the charge of “attempting to overthrow the government.” A report published by the TESEV Democratization Program in November 2013, presented the public with an analysis of information found in the Ergenekon case files regarding the grave violations of human rights during the 1990s. The present work, an abridged version of this report, uses the most noteworthy information on murders by unknown assailants from the case files. We seek to present a general analysis of the Ergenekon Trial’s importance in Turkey’s confrontation with its past, to highlight its unprecedented nature in Turkish criminal-justice history, and finally to present our own recommendations.
Topic:
Crime, Law, Courts, Justice, Judiciary, Disappearance, and Extrajudicial Killings
Political Geography:
Turkey and Middle East

7. The Basic Principles and the Choice of Government System in the New Constitution

Author:
Levent Köker
Publication Date:
10-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Basic Principles and the Choice of Government System in the New Constitution,” authored by Levent Köker, is the fourth monitoring report published by TESEV under the umbrella of its constitution monitoring project, Turkey Constitution Watch (turkeyconstitutionwatch.org). The report offers a comparative analysis of the presidential and parliamentary system proposals that are discussed in the Constitutional Reconciliation Commission. It also deals with the basic principles (such as rights and freedoms, independence and impartiality of the judiciary, and local autonomy) that should form the basis of system discussions in Turkey.
Topic:
Human Rights, Law, Constitution, Civil Rights, Justice, and Judiciary
Political Geography:
Turkey and Middle East

8. The High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on Its New Structure and Operations

Author:
Onur Bayramoğlu
Publication Date:
01-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
One of the most critical areas of reform in Turkey’s recent history involves the judiciary, which has served to corroborate the tutelary regime. With a discourse emphasizing that the judiciary itself must also be bound by the “rule of law”, the Justice and Development Party (JDP) took a number of steps toward reforming the administration of supreme judiciary bodies, as well as the judiciary in general. The constitutional amendments brought to the ballot in the referendum of 12 September 2012 essentially represented an initiative to transform the judiciary. The amendments package was intended to equip the Constitutional Court and the High Council of Judges and Prosecutors (HSYK) with a more pluralist structure. This report titled “the High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on its New Structure and Operations” is based on discussions of the roundtable meeting attended by representatives from judges and prosecutors professional associations such as YARSAV (The Association of Judges and Prosecutors) and Demokrat Yargı (Democratic Judiciary Association), which adopted divergent positions over the course of the referendum; one representative from HSYK, the direct addressee in the debate; and experts with diverse opinions. With the roundtable, we intended to generate direct discussion by experts and practitioners of the field in a small group affording sufficient time for speakers. As a result, we treated the current situation and practice through an insider’s perspective and in detail. This also provided a shared platform where parties coming from varying political positions exchanged opinions regarding both the HSYK and several contested aspects of the judiciary reform. The roundtable ensured that critiques were communicated to and discussed with the directly relevant parties through face-to-face conversations.
Topic:
Democratization, Law, Rule of Law, Justice, and Judiciary
Political Geography:
Turkey and Middle East

9. Monitoring Report Making of a New Constitution in Turkey: October 2011-January 2012

Author:
Ferhat Kentel, Levent Köker, Mehmet Uçum, and Özge Genç
Publication Date:
02-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The redefinition of relations between state, society and individuals in the framework of a new state philosophy in Turkey and the transformation of the mentality of both the state and society along this line will carry Turkey onto a more democratic, pluralist and conciliatory political sphere. One of the milestones of this process is the making of a new constitution, that is initiated by the Turkish Parliament following the general elections of June 12, 2011, and expected to culminate in the adoption of a new founding document. An ideal constitutional process should be based on the demands and contributions of social groups and individuals and groups should be empowered to engage in politics in a way that has not yet been possible during the preparation of any other constitution in Turkey. On the other hand, presently, it is obvious that on a societal level there is an environment of lively yet stifled debate regarding the new constitution, as well as a number of flaws and issues in terms of how the process is functioning. However, the Constitutional Reconciliation Commission, formed in October 2011 with equal participation from all political parties represented in the parliament, and its members who have reached a consensus on the commitment to establish a new constitution with apparently genuine effort, create the expectation that the preparation of a new constitution will soon make headway. In the subsequent stages, political actors, civil society and media should play a significant role in terms of both contribution to and monitoring of the process. The Turkish Economic and Social Studies Foundation (TESEV) Democratization Program aims to actively engage in the creation of a new constitution through monitoring, documenting and reporting on the process undertaken with the objective of meeting society’s expectations. Within the scope of this project, the role, contribution and performance of the parliament, political parties, non-governmental organizations and the media are monitored and both positive and negative developments are documented. Solution-oriented interventions that provide guidance will also be made whenever the process comes to a deadlock throughout the project. Via parallel projects, the Democratization Program will also be conducting scientific, informative, and solution oriented work regarding issues that obstruct the reform process and contributing to create a platform of democratic debate in Turkey.
Topic:
Law, Constitution, Justice, and Judiciary
Political Geography:
Turkey, Middle East, and Mediterranean

10. “Mills That Grind Defendants”: Criminal Justice System in Turkey from a Human Rights Perspective

Author:
Cüneyt Doğrusözlü
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
As Turkey continues to call herself a democracy, in reality she is still a country that strives to become democratic. It is only recently that we have recognized the structure of Republic as a tutelary regime, and have accordingly oriented ourselves towards a mindset required to deliver the desired changes in this structure. Presumably, the most important difference between democracy and a tutelary regime materializes in the concept of “the rule of law”. This principle requires all governmental bodies, including the judiciary, to be subject to law while taking into consideration the universal rights and freedoms. In Turkey, however, and also because of its privileged position created by the present coup d’état constitution, the judiciary sees itself as the definer of the law. Seen in this light, judicial reform emerges as one of the most critical steps that needs to be taken in moving ahead with the democratization process. With this insight, judiciary has been one of the key areas on which TESEV has focused its research activities in the last four years. In studies led by Mithat Sancar, the perspectives of first judges and prosecutors, and then of the society regarding the judicial system and its function, were scrutinized. These studies were all compiled in a book and published in May 2009. In March 2010, another study was published; authored by Meryem Erdal, the study explored into the media coverage by various organizations of some specific litigations, as well as the general approach of those same organizations to the judiciary. Thereby an opportunity was created to discuss the problems of perception surrounding the judiciary system. Democratization of the judicial system, however, requires carrying out a policy of “reform” and sharing this policy with the public. Such a reform would need to evolve around two pillars: First requires reconsidering the concepts of “independence”, “impartiality” and “legitimacy” in the context of the system in its entirety and the position of the judiciary, with the aim of ensuring that they are compatible with the international norms. In this context, the relationship between the executive branch and the judiciary, the position of the judiciary between the official ideology and universal law, and election system of higher judicial bodies appear as major problematic areas. The report titled, “A Judicial Conundrum: Opinions and Recommendations on Constitutional Reform in Turkey” edited by Serap Yazıcı and released in May 2010, discussed these issues that also constitute the subject matter of the government’s judicial reform, from the point of view of universal democratic criteria, and provided a meaningful basis for the direction and framework of the reform. On the other hand, the judiciary needs not only a systemic reform, but also a new perspective as a mechanism in order to meet citizens’ need for justice. The report titled, “Access to Justice in Turkey: Indicators and Recommendations” authored by Seda Kalem and released in June 2011, explored one of the major issue areas of demand by the citizens from the judiciary: the problem of “access to justice”. TESEV Democratization Program’s third policy report on Judicial Reform titled, “Mills that Grind Defendants: Criminal Justice System in Turkey from a Human Rights Perspective”, authored by Osman Doğru delves into the problematic aspects of the criminal justice system in Turkey with a comparative approach through European Human Rights Convention’s legal framework and implementations. The report focuses on the following problematic aspects of the defendants’ rights in Turkey: detentions without indictments; prolonged pre-trial detentions and lengthy trials; prevention of defendants’ access to legal counsel and the issuance of indictments based on unlawfully obtained evidences. In addition, Osman Doğru’s report critically evaluates the treatment of this issue in the Judicial Reform Strategy, produced by the Ministry of Justice and puts forth specific policy recommendations. We hope to conduce toward covering essential elements that have to be pointed out for a judicial reform, and respond to the public need for information and discussion of the matter.
Topic:
Democratization, Human Rights, Law, Reform, Criminal Justice, Justice, and Judiciary
Political Geography:
Turkey, Middle East, and Mediterranean