Regional activities > European police and judicial systems Turkey

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1. Introduction

 1.1 Location

The lands of Turkey are located at a point where the three continents making up the old world. Asia, Africa and Europe are closest to each other, and straddle the point where Europe and Asia meet. Geographically, the country is located in the northern half of the hemisphere at a point that is about halfway between the equator and the north pole, at a longitude of 36 degrees N to 42 degrees N and a latitude of 26 degrees E to 45 degrees E. Turkey is roughly rectangular in shape and is 1,660 kilometers wide.

 1.2 Area - Population - Language

Area: The actual area of Turkey inclusive of its lakes, is 814,578 square kilometres, of which 790,200 are in Asia and 24,378 are located in Europe. The land borders of Turkey are 2,573 kilometres in total, and coastlines (including islands) are another 8,333 kilometres, Turkey has two European and six Asian countries for neighbors along its land borders.

Population: 68 million

Language: Turkish

 1.3 Government

Government system is democratic republic and parliamentary system. The Prime Minister is responsible for ensuring that the Council functions in a harmonious manner as well as for coordination between the Ministries.

According to the Constitution, each Minister is accountable to the Prime Minister. The Prime Minister ensures that the Ministers fulfill their functions in accordance with the Constitution and the laws, and he is vested with the obligation to take corrective measures for this very reason. Even as the Council of Ministers bear collective responsibility for the implementation of the general policies of the government, they are also individually responsible for action within domain of their jurisdictions and for the acts and actions of their subordinates. The political responsibilities of the Ministers emerge as the result of parliamentary motion of interpellation or a motion for no-confidence.

The Council of Ministers which is politically accountable to the Legislature is composed of the Prime Minister and the Ministers. The Prime Minister is selected by the President. The Ministers are selected by the Prime Minister and all are appointed by the President. Whilst the Ministers are not required to be deputies, the Prime Minister must be a member of Parliament.

As a tradition in the Turkish parliamentary system, the President appoints the ministers who are selected by the Prime Minister. In practice, the Presidents either approve the list presented to them for ratification as it is, or else they make changes to the list as they see fit.

Following the appointment of the Ministers by the President, the list is presented to the Grand National Assembly; the Council of Ministers assume office without waiting for a vote of confidence. The Turkish Grand National Assembly (Parliament) may cause the government to fall by vote of no-confidence, and the President has the power to seek renewal of the elections under certain conditions.

2. Police system

 2.1 Law enforcement bodies

The Ministry of Interior is responsible for the maintenance of internal security as well as the protection of the public order in Turkey, and fulfils these functions through the Directorate General of Turkish National Police which is responsible for the urban areas (municipal boundaries of towns and cities), General Command of Gendarmerie which is responsible for the rural areas and the Coast Guard Command which is responsible for the coasts of the country.

The Directorate General of Turkish National Police has two parts, the and the Local Branch. The Central Organization is composed of departments, which performs various tasks and NCB Ankara (Interpol Department) is one of the departments, dependant on the Headquarters.

For the civil administration purposes, Turkey is divided into provinces and districts, which are the sub-regions of the provinces. In accordance with these civil administration regions, police services are organised by the Police Directorates in the Provinces. At present there are 81 Police Directorates (one for each province) that depend on the Local Governors.

Origin And A Small Summary Of Police Historical:

The origin of Turkish Police Organization goes back to Ottomon Period. During the Ottomom Empire period police fulfilled its functions under the name of 'ZAPTIYE TESKILATI' which had a military aspect. In toray's introduction, the first Police Organization in the country was established on 10 April 1845 in Istanbul and the first Police Regulations defining the tasks and responsibilities of this new organization was put into force on the same date.

In 1909 Directorate General of Turkish National Police was established and Regulations defining its the tasks was issued by Ministry of Interior in 1913. This regulation remained in effect until the enactment of Law Nr. 2559 on Powers and Duties of Police dated 4th July 1934. Later on Law Nr.3201 on Security Organization regulating the duties, responsibilities, powers and personnel affairs of Turkish police was enacted on 4th June 1937.

 2.2 Turkey - Police Organization Chart

 2.3 NCB structure

 2.4 International investigations

International investigations are conducted by the Turkish National Central Bureau of INTERPOL with the coordination of Ministry of Justice and other law enforcement agencies in Turkey.

 2.5 Pre-trial police and judicial powers

The powers of police was defined in the 'Law on Powers and Tasks of Police' (Law Nr. 2559), which was enacted on 04.07.1934. However, there has been amendments and modifications in this law on different dates.

Under construction.

3. Judicial system

 3.1 General

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)

All offences are prosecuted in the name of the People, by public prosecutors who are virtually representatives of the executive branch of Government within judiciary. (Articles 147, 148 of Turkish Code of Criminal Procedure.)

According to these Principles:

1. 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)
   
   
2. 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.
   
   
3. 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.
   
   
4. 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 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 are 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 deal with illegal trafficking, drug smuggling and kidnapping.

The decisions and judgments given by civil courts and by State Security Courts are appealed to the High Court of Appeals.
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.

 3.2 Prosecution

Criminal courts:

According to the Turkish law today, the power of the judiciary is exercised by Judicial (Criminal), and Administrative Military 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 Appeals, the Council of State, the Military Tribunal of Appeals, the Supreme Military Administrative Court, the Court of Jurisdictional Dispute, the Court of Accounts and the Supreme Council of Judges and Public Prosecutors.

The courts in Turkey are in fact divided into courts of justice, administrative courts, military courts and Constitutional court. Except the Constitutional Court, they are further divided into lower and higher courts.
Courts of Justice:

An old law dated 1880, which theoretically is still in force but actually has lost its identity because of a various amendments and new laws, was the first law determining the courts' competence and jurisdiction. The law relating to the organization of the courts determines the competence and jurisdiction of the different categories of courts.

1. Civil Courts of the Peace: This is the lowest civil court in Turkey with a single judge. There is at least one in every district. Its jurisdiction covers all kinds of claims where the amount does not exceed 2,000,000 Turkish Liras for the time being; claims of support, requests or minors for permission to marry or to shorten the waiting period of marriage, eviction cases for rentals by lease and all cases assigned to the court by the Code of Civil Procedure and other laws.
   
   
2. Civil Courts of First Instance: This is the essential and basic court in Turkey. Its jurisdiction covers all civil cases other than those assigned to the civil Courts of the Peace. There is one in every city and district, and sometimes divided into several branches according to the need and necessity.
   
   
3. Commercial Courts: The Commercial Courts are the specialized branches of all Civil Courts of First Instance, having jurisdiction over all kinds of commercial transactions, acts and affairs relating to any trading firm, factory, or commercially operated establishment. The Commercial Courts consist of three judges, one presiding judge, and two members.
   
   
4. Penal Courts of the Peace: This is the lowest penal court with a bench of one judge. There is one in every district, but it is sometimes divided into several branches according to the need and population.
   
   
5. Penal Courts of First Instance: Among the penal courts, this Court with a single judge handles the essential local criminal work. Its jurisdiction covers all penal cases excluded from the jurisdiction of the Penal Court of the Peace and the Central Criminal Court. There is one in every city and in every district, sometimes divided into several branches according to the need and population.
   
   
6. Central Criminal Courts: This court consists of a presiding judge and two members with a public prosecutor. Offenses and crimes involving a penalty of over five years of imprisonment, or capital punishment are under the jurisdiction of this Court of which there is one in every city. But it is sometimes divided into several branches according to the need and population.
   
   
7. State Security Courts: According to the law, State Security Courts handle the criminal offenses described in Article 9 of the said law which are about the security of the state. It consists of a presiding judge and two members with a public prosecutor.
   
   
8. Execution Investigation Authority: A court with a single judge which has jurisdiction over disputes arising during the execution of all civil sentences and judicial decrees; over all acts obstruction or rendering difficult the execution of all civil sentences and judicial decrees. There is one such Court in every district in Turkey.
   

10. Other Lower Courts: In addition to the ordinary courts, there are courts in Turkey which handle labor disputes; which handle land registrations and surveys and which handle traffic disputes. There are also juvenile courts in Turkey.
    
    
11. The Court of Cassation: The highest appellate court in Turkey is called the Court of Cassation. It is divided into chambers according to their particular specialized field.

4. Investigation possibilities and international co-operation

 4.1 Possibilities

 4.2 Access to files (through NCB)

Turkish NCB has direct access to the national databases on;

• Cross-border Passengers,
  
• Firearms Registration,
  
• Archive,
  
• Persons taken into Custody.
  

 4.3 Liaison officers

The TNP has police liaison officer posts in the following 13 countries: Austria, Azerbaijan, Belgium, Denmark, England, France, Germany, Israel, Italy, Netherlands, Pakistan, Romania and Uzbekistan. In addition, the TNP has a police liaison officer appointed at the SECI Center (Southeast Europe Cooperative Initiative) located in Bucharest, Romania.

There are more than 50 liaison officers in Turkey from 25 different countries. These law enforcement officers are performing a real and one of the most fruitful international police cooperation in the world. The names of the countries that have liaison officers posted in Turkey are shown below.

Foreign Liaison Officers Posted in Turkey Country:

Albania, Austria, Belgium, Bulgaria, Denmark, England,  France, Greece, Germany, Hungary, Israel, Iran, Italy Japan, The Netherlands, Norway, Pakistan, People’s Rep. of China, Romania, Russia, Saudi Arabia, Spain, Sweden, Ukraine, U.S.A.

5. Police/Customs co-operation

6. Miscellaneous

 6.1 Public holidays

• New Year : 1st January
  
• Religious Festival (Muslim Festival of Scarifies): Four days (in February for 2004)
  
• National Festival (National Sovereignty Day): 23rd April
  
• National Festival (Day of Youth): 19th May
  
• National Festival (Victory Day): 30th August
  
• National Festival (Republic Day): 29th October
  
• Religious Festival (Muslim Festival of Ramadan): Three days (in November for 2004)

Regional activities - European police and judicial systems