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The Court System
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.
III. COURTS
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.
A. 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.
a. Civil Courts of the Peace
(Sulh Hukuk Hakimligi)
This is the lowest civil court in Turkey with a single
judge. There is at least one in every ilce. 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. There are
846 Civil Courts of the Peace in Turkey.
b. Civil Courts of First Instance
(Asliye Hukuk Hakimligi)
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 il and
ilce, and sometimes divided into several branches according
to the need and necessity. There are 958 such Courts in
Turkey.
c. Commercial Courts (Asliye
Ticaret Mahkemesi)
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. At present, 35 Commercial Courts
exist in commercial centers, throughout Turkey. Where
there are no Commercial courts, the Civil Courts of First
Instance perform the functions of the Commercial Courts.
The competence of the Commercial Courts is clearly described
under Article 5 of the Commercial Code.
d. Penal Courts of the Peace
(Sulh Ceza Hakimligi)
This is the lowest penal court with a bench of one judge.
There is one in every ilce, but it is sometimes divided
into several branches according to the need and population.
There are 840 such Courts in Turkey. They have jurisdiction
over penal and municipal misdemeanors and all acts assigned
by the Criminal Code, the Code of Criminal Procedure,
the Code on the Application of the Criminal Code, and
by other laws according to the assignment or to the degree
of punishment stated by them.
e. Penal Courts of First Instance
(Asliye Ceza Hakimligi)
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 il and in every ilce, sometimes
divided into several branches according to the need and
population. Therefore, at the moment there are 899 such
Courts in Turkey.
f. Central Criminal Courts (Agur
Ceza Mahkemesi)
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 il. But it is sometimes divided
into several branches according to the need and population.
There are 172 Central criminal courts throughout Turkey.
g. State Security Courts (Develet
Gilvenlik Mahkernesi)
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.
There are 12 such Courts throughout Turkey.
h. Execution Investigation Authority
(Icra Tetkik Hakimligi)
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 ilce in Turkey.
j. Other Lower Courts
In addition to the ordinary courts, there are 72 courts
in Turkey which handle labor disputes; 443 courts which
handle land registrations and surveys and 6 courts which
handle traffic disputes. There are also 5 juvenile courts
in Turkey.
k. The Court of Cassation (Yargitay)
The highest appellate court in Turkey is called the Court
of Cassation. It is divided into 30 chambers according
to their particular specialized field. There are 20 civil
chambers, 10 penal chambers. Each chamber is a five-judge
court with a presiding judge and four members. One elected
judge by the all judges of the Court of Cassation presides
over the entire Court as general President.
All final judgments are appealable, except those less
than 400,000 Turkish Liras and, in penal cases, judgments
concerning fines up to 2,000,000 Turkish Liras, judgments
of acquittal from an offense involving fines not exceeding
10,000,000 Turkish Liras, and judgments which are described
in the Criminal Code or other codes as final.
B. Administrative Courts
The administrative courts include the Council of State,
subordinate courts at the regions, and the Supreme Military
Administrative Court.
a. The Council of State (Danistay)
The highest court for controversies arising from
governmental or public services and action, and for general
administrative disputes, having judicial and administrative
function, is the Council of State. Fit is the final court
for cases under its own jurisdiction and a court of appeal
for the decisions given by subordinate administrative
courts. The Council of State has 10 judicial chambers.
b. Subordinate Administrative
Courts (Idare ve Vergi Mahkemeleri)
According to the law, first tier of administrative courts
in Turkey are established on regional bases. The courts
founded at the regions are, administrative courts (idare
Mahkemeleri) and tax courts (vergi mahkemeleri). There
are 22 administrative courts and 33 tax courts in Turkey.
c. Supreme Military Administrative
Court (Askeri Yuksek Idare Mahkemesi)
The jurisdiction of the Supreme Military Administrative
Court covers cases arising from administrative acts and
actions made by military authorities and also cases arising
from administrative acts and actions made by civilian
authorities but involving military personnel and relation
to military services. The Supreme Military Administrative
Court is divided into 2 chambers.
C. Military Courts
a. Military Criminal courts (Askeri
Ceza Mahkernesi)
The jurisdiction of these Courts covers all military
offenses described in the Military Criminal Code, in the
Code Military Criminal Procedure, and in some other laws.
there are 37 such Courts in Turkey.
b. The Military Criminal Court
of Cassation (Askeri Yargitay)
According to the law, this court functions as the court
of appeal of all decisions and judgments given by Military
courts. It is divided into 5 chambers.
D. The Constitutional Court (Anayasa
Mahkemesi)
The Constitutional Court is first established by the Constitution
of 1961, following the example of certain post-world War
II constitutions, a system of judicial control of the constitutionality
of laws. This system was maintained with certain modifications
by the Constitution of 1982.
The Constitutional Court consists of 11 regular members
and 4 alternate members. All judges of the constitutional
Court hold office until they retire at the age of 65 like
all other judges in Turkey.
IV. Legal System
Turkish legal history presents three different aspects.
The first, which started in the beginning of the 14th century
and ended in 1839, was the period of purely Islamic law
based upon the principles of the Qur'an and administered
by religious courts throughout the Ottoman Empire. The second
period began in 1839 with the Charter of Gulhane and the
Ferman of Reforms. For the first time, in 1851, a compilation
of laws and regulations began to appear, including the Charter
of Gulhane and Ferman of Reforms and some other laws and
regulations of European origin, especially in the French
pattern.
After the declaration of the Republic in 1923 new ideas
of a complete westernization and establishment of a secular
state led Turkey to the enactment of a Civil Code adopted
from Switzerland with minor modifications; which went into
force on October 4, 1926. In the same manner, the Turkish
Criminal Code was adopted from the Penal code of Italy of
1899 and Turkeish Criminal Procedure Code was adopted from
the German Criminal Procedure Code.
Switzerland became the source of most Turkish laws, including
the Turkish Code of Obligations, the Turkish Code of Civil
Procedure, and the Turkish Code of execution and Bankruptcy.
With the enactment of these laws, especially the Civil
Code, Turkey became and still remains under civil law jurisdiction.
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