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Legal System |
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| The legal order of the Republic of Turkey is secured by legislative and executive procedures such as laws, by-laws, statutes and decrees, with the Constitution being first and foremost. The executive branch also contributes to the securing of this order through its regulatory procedures such as general directives, circulars, and budgetary instructions. The regulatory procedures of the executive branch and the administration are of general characteristics and encompass all the organizations of the State. These procedures may also be related to specific subjects, institutions, local administrations and private institutions as well. |
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| According to the Constitution, international agreements are in effect of laws and it is not possible to apply to the Constitutional Court asserting their unconstitutionality. With the amendments to the Constitution adopted on May 7, 2004, it has been stipulated that in case of disputes between the laws and the duly adopted international agreements related to fundamental rights and freedoms, international agreements will be taken as the basic reference. |
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Members of the high courts at Anýtkabir |
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The freedoms of individuals can only be restricted by law. Only a judge can issue an arrest warrant and decide on its duration. Those arrested are informed of the reason of apprehension, and their relatives are duly notified. In accordance with the amendment to the Constitution dated October 3, 2001, an individual who is apprehended or arrested is brought before a judge within 48 hours, excluding the time needed for transporting the detainee to the nearest court, or 96 hours in collective crimes. |
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| Turkey, aiming to protect human rights and fundamental freedoms, has signed the Annex Protocol No. 13 of the European Charter. Under this protocol, capital punishment was deleted from the Constitution with the amendment dated May 7, 2004 and radical changes were made in the Turkish penal system to enhance freedoms. |
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| Everyone has the right to fight or defend a case in a court of law as a plaintiff or defendant through legitimate means and procedure. No one may be tried by any judicial authority other than the legally designated court. The authority to judge has been granted solely to independent judges. Judges and public prosecutors serve as judges and public prosecutors of courts of justice and of administrative courts. Judges and public prosecutors cannot be dismissed, cannot be forced to retire before they are 65 years old without their own request, and cannot be deprived of their salaries, allowances and other rights relating to their status, even as a result of the abolition of a court or a post. |
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The judiciary comprises two kinds of courts, namely the courts of justice and the courts with special functions. Judicial cases are heard at justice courts for petty offences and courts of first instance, both operating as first degree courts. The courts with special functions are the criminal courts for major cases, labor courts, juvenile courts, traffic courts, cadastral courts, and specialized marine and commercial courts. Besides, family courts have been established with the Law No. 4787, passed at the date of January 9, 2003, as first instance courts with a single judge, and the Law No. 5236, passed at the date of September 26, 2004, has introduced a system of appeal courts. The Supreme Court of Appeals is the last instance for reviewing decisions and judgements issued by the courts of justice. The Supreme
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