Country of origin information report Turkey June 2007
xi. Intermediate Courts of Appeal
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xi. Intermediate Courts of Appeal As recorded in the European Commission 2005 report: “The Law Establishing the Intermediate Courts of Appeal came into force on 1 June 2005. The establishment of the Courts of Appeal will substantially reduce the case load of the Court of Cassation and enable it to concentrate on its function of providing guidance to lower courts on points of law of general public importance. The Law provides that the Courts are to be established within two years of its entry into force.” [71d] (p16) B. Administrative Courts The administrative courts include the Council of State, subordinate courts at the regions, and the Supreme Military Administrative Court. [18] i. The Council of State (Danıştay) 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. It 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. [18] ii. 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. [18] iii. Supreme Military Administrative Court (Askeri Yüksek 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. [18] C. Military Courts i. Military Criminal courts (Askeri Ceza Mahkemesi) 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. [18] ii. 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. [18] 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. [18] The Constitutional Court consists of 11 regular members and 4 substitute members. All judges of the constitutional Court hold office until they retire at the age of 65 like all other judges in Turkey. [18] As recorded in the document ‘Political Structure of Turkey’ dated November 2005) available in the References section in the website of the Office of the Prime Minister, Diretorate General of Press and Information (website accessed on 19 January 2006) “The decisions of the Constitutional Court are final. These decisions cannot be amended in any manner and their application cannot be delayed.” [36i] Return to contents Go to list of sources Annex F: List of abbreviations AI Amnesty International CEDAW Committee on the Elimination of All Forms of Discrimination Against Women CPJ Committee to Protect Journalists EU European Union EBRD European Bank for Reconstruction and Development FCO Foreign and Commonwealth Office (UK) FH Freedom House GDP Gross Domestic Product HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome HRW Human Rights Watch IAG Illegal Armed Group ICG International Crisis Group ICRC International Committee for Red Cross IDP Internally Displaced Person IFRC International Federation of Red Cross and Red Crescent Societies IMF International Monetary Fund IOM International Organisation for Migration MSF Médecins sans Frontières NGO Non Governmental Organisation OCHA Office for the Coordination of Humanitarian Affairs ODIHR Office for Democratic Institutions and Human Rights ODPR Office for Displaced Persons and Refugees OECD Organisation of Economic Cooperation and Development OHCHR Office of the High Commissioner for Human Rights OSCE Organisation for Security and Cooperation in Europe RSF Reporteurs sans Frontières STD Sexually Transmitted Disease STC Save The Children TB Tuberculosis TI Transparency International UN United Nations UNAIDS Joint United Nations Programme on HIV/AIDS UNESCO United Nations Educational, Scientific and Cultural Organization UNHCHR United Nations High Commissioner for Human Rights UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNODC United Nations Office on Drugs and Crime USAID United States Agency for International Development USSD United States State Department WFP World Food Programme WHO World Health Organization Annex G: References to source material The Home Office is not responsible for the content of external websites. Numbering of source documents is not always consecutive because some older sources have been removed in the course of updating this document. (If applicable) [1] Europa Publications a “The Middle East and North Africa 2003” b “The Europa World Year Book 1997” c “The Europa World Year Book 2001” d “Regional Surveys of the World: The Middle East and North Africa 2005” e Europa World online, Turkey http://www.europaworld.com (website accessed on 8 and 31 October 2005; 14 February 2006; 11 July 2006;28 May 2007) [2] Netherlands Ministry of Foreign Affairs a “Official general report on Turkey” (January 2002) http://register.consilium.eu.int/pdf/en/02/st07/07838en2.pdf (accessed 16 February 2006) b “Turkey/military service” (July 2001) http://www.ecoi.net/file_upload/ms59_neth-tur0701.pdf (accessed 13 December 2006) c Official general report on Turkey (p102-103) (January 2003) [3] A. J. Day (editor) “Political Parties of the World” 5th Edition 2002 a 6th Edition 2005 [4] Foreign and Commonwealth Office a Letter 10 December 2001 b Letter 11 April 2002 c Correspondence dated 5 February 2007. d Letter 22 April 2005 e Letter 22 July 2005 f Fax 11 October 2005 g Letter 14 September 2005 h Human Rights Annual Report 2005: July 2005 http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1119526503628 (accessed 5 November 2005) i Letter 28 September 2005 j Travel Advice by Country – Turkey updated 1May 2007
k Letter 6 April 2006 (Request for additional information) l Letter 6 April 2006 (HRA 2005 figures) m Letter 11 April 2006 n Human Rights Annual Report 2006: October 2006 http://www.fco.gov.uk/Files/kfile/03%20OVERVIEW.5.pdf o Letter 8 January 2007 (Request for additional information) p Letter 17 April 2007 (Request for additional information) q Letter 27 March 2007 (Request for additional information) r Letter 27 March 2007 (Request for additional information) [5] U.S. Department of State http://www.state.gov/g/drl/rls a Report on Human Rights Practices in Turkey in 2002, (31 March 2003) http://www.state.gov/g/drl/rls/hrrpt/2002/18396.htm (accessed 10 April 2003) b Report on Human Rights Practices in Turkey 2005, (8 March 2006) http://www.state.gov/g/drl/rls/hrrpt/2005/61680.htm (accessed 11 July 2006) c Report on Human Rights Practices in Turkey 2004, (28 February 2005) http://www.state.gov/g/drl/rls/hrrpt/2004/41713.htm (accessed 11 July 2006) d Trafficking in Persons Report: 5 June 2006 http://www.state.gov/g/tip/rls/tiprpt/2006/65990.htm (accessed 26 August 2005) e Report on International Religious Freedom 2006, (15 September 2006) http://www.state.gov/g/drl/rls/irf/2006/71413.htm (accessed 7 September 2006) f Consular Information Sheet– current as of today, May 14 2007. http://travel.state.gov/travel/cis_pa_tw/cis/cis_1046.html (accessed 4 October 2006) g Report on Human Rights Practices in Turkey 2006, (6 March 2007) http://www.state.gov/g/drl/rls/hrrpt/2006/78844.htm (accessed 12 March 2007) h Country Reports on Terrorism - released April 30, 2007 http://www.state.gov/s/ct/rls/crt/2006/82732.htm (accessed 2 May 2007) [6] Kurdish Human Rights Project (KHRP) a 2004 Legal Review http://www.khrp.org/publish/p2004/Legal%20Review%205%20ISSN.pdf b Human rights Defenders in Turkey September 2006 http://www.barhumanrights.org.uk/pdfs/06publicationswithKHRP/HRDsTurkey.pdf (acceseed on 3 January 2007) c Human Rights Violations Against Kurds in Turkey-4 October 2006 http://www.osce.org/documents/odihr/2006/10/21026_en.pdf (acceseed on 3 January 2007) d Refusing Refuge: Investigation the Treatment of Refugees in Turkey February 2007 http://www.khrp.org/publish/p2007/Refusing%20Refuge%20ONLINE.pdf (accessed 22 May 2007) [7] Documentation, Information and Research Branch, Immigration and Refugee Board, Ottawa, Canada. www.irb-cisr.gc.ca a Turkey: The situation of Kurds, including the extent to which legislative reform packages have been implemented (August 2004 - April 2005): 20 April 2005 http://www.irb-cisr.gc.ca/en/research/ndp/ref/?action=view&doc=tur43470e (accessed 1 November 2005) b The operation of Hizbullah in Turkey. (20 November 2002) c The Med-Zehra organisation. (24 March 2003) d Turkey: Procedures that must be followed by, and documents that must be provided to Turkish airport and land border authorities to allow a Turkish citizen and/or foreign national entry into and exit out of Turkey (July 2003) (accessed 4 October 2005) e Turkey: Whether the People's Democracy Party (HADEP) and the Democratic People's Party (DEHAP) issue membership certificates to members residing within Turkey and/or abroad. (TUR43475.E 28 April 2005) http://www.irb-cisr.gc.ca/en/research/rir/?action=record.viewrec&gotorec=444432
f Turkey: The situation and treatment of members, supporters and sympathizers of leftist parties, particularly the People's Democratic Party (HADEP) and Democratic People's Party (DEHAP) (January 2003 - September 2004) http://www.cisr-irb.gc.ca/fr/recherche/rdi/?action=record.viewrec&gotorec=444479 (accessed 29 May 2007) [8] The Swiss Organisation for Refugees, ‘Turkey – The current situation’ p40-42 (June 2003) [9] Human Rights Watch http://www.hrw.org a World report 2003 Turkey b World Report 2007 Turkey (11 January 2007)
c March 6, 2006 Turkey report: To Combat Torture, Monitoring Police Stations Is Key http://hrw.org/english/docs/2006/03/06/turkey12756.htm (accessed 17 July 2006) To access the original report via http://hrw.org/backgrounder/eca/turkey0306/turkey0306.pdf d “Turkey: Letter to Minister Aksu calling for the abolition of the village guards” June 2006 http://hrw.org/english/docs/2006/06/08/turkey13578.htm (accessed 12 September 2006) e Human Rights overview of Turkey 2005 http://hrw.org/english/docs/2006/01/18/turkey12220.htm (accessed 18 September 2006) f Turkey: Displaced Villagers Denied Fair Compensation http://hrw.org/english/docs/2006/12/20/turkey14875_txt.htm (accessed 26 January 2007) [10] International Helsinki Federation for Human Rights a Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2005): Turkey (8 June 2006) http://www.ihf-hr.org/viewbinary/viewdocument.php?download=1&doc_id=6866 (accessed 13 December 2006) b Turkey IHF FOCUS: elections 2004 http://www.ihf-hr.org/viewbinary/viewdocument.php?doc_id=3485 (accessed 3 January 2007) c Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006) Turkey (27 March 2007) http://www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=4387 (accessed 4 June 2007) [11] Reporters sans frontières - www.reporteres-sans-frontieres.org a – Worldwide Press Freedom Index 2005: 20 October 2005 http://www.rsf.org/IMG/pdf/CM_2005_Eu_Eng.pdf (accessed 10 January 2006) b Turkey– Freedom of the Press Annual report 2007 http://www.rsf.org/article.php3?id_article=20827&Valider=OK (accessed 21 February 2007) [12] Amnesty International http://web.amnesty.org a “High rate of women suicides in Turkey” 25 May 2006 http://blogs.amnestyusa.org/svaw/archive/2006/05/ (accessed 2 October 2006) b Stop Violence Against Women “Turkey: Shelters Not Cemeteries” http://www.amnesty.ca/amnestynews/upload/turkeyappeal1.pdf
c “Turkey establishes initiatives to prevent violence against women” May 2006 http://blogs.amnestyusa.org/svaw/archive/2006/05/ (accessed 26 September 2006) d Amnesty International Annual report 2006 Covering events from January - December 2005 http://web.amnesty.org/report2006/tur-summary-eng (accessed 19 July 2006) e Amnesty International Annual Report 2007 – covering evenys from January to December 2006 http://thereport.amnesty.org/eng/Regions/Europe-and-Central-Asia/Turkey (accessed 22 May 2007) f Turkey: Conscientious objector Mehmet Tarhan is a Prisoner of Conscience and must be released now!: 9 December 2005 http://web.amnesty.org/library/Index/ENGEUR440362005?open&of=ENG-TUR (accessed 9 December 2005) g Turkey: Implementation of reforms is the key!: 11 March 2005 http://web.amnesty.org/library/Index/ENGEUR440102005?open&of=ENG-TUR (accessed 2 September 2005) h Europe and Central Asia Summary of Amnesty International’s Concerns in the Region January – June 2005: 1 December 2005 (accessed 12 July 2006)
i Turkey Memorandum on AI’s recommendations to the government to address human rights violations (1 August 2005) http://web.amnesty.org/library/Index/ENGEUR440272005?open&of=ENG-TUR (accessed 30 August 2005) j Turkey: Women confronting family violence (2 June 2004) http://web.amnesty.org/library/Index/ENGEUR440132004?open&of=ENG-TUR (accessed 2 June 2004) k Turkey Annual Report 2005 (May 2005) http://web.amnesty.org/report2005/tur-summary-eng l Europe and Central Asia Summary of Amnesty International’s Concerns in the Region January – June 2004 (1 September 2004)
m No turning back – full implementation of women’s human rights now! 10 year review and appraisal of the Beijing Declaration and Platform for Action (1 February 2005) http://web.amnesty.org/library/Index/ENGIOR410022005 (accessed 25 February 2005) n No impunity for state officials who violate human rights-May 2006 http://web.amnesty.org/library/Index/ENGEUR440062006?open&of=ENG- TUR (accessed 13 December 2006) o Turkey Justice Delayed and Denied 6 September 2006 http://web.amnesty.org/library/Index/ENGEUR440132006?open&of=ENG- TUR (accessed 13 December 2006) p Turkey: Shelters need government support http://web.amnesty.org/actforwomen/tur-251106-shelteraction-eng (accessed 4 January 2006) q List of Abolitionist and Retentionist Countries – 1 January 2006 http://www.amnistia-internacional.pt/dmdocuments/abol_ret_pm.pdf (accessed 8 March 2007) [13] Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment a Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 (6 September 2006) http://www.cpt.coe.int/documents/tur/2006-09-06-eng.htm (accessed 6 September 2006) [14] OSCE/ODIHR Assessment Report, Republic of Turkey Parliamentary elections 3 November 2002 (December 2002) a OSCE Media Representative praises Turkey for changing penal code, but remains concerned: 7 July 2005 http://www.osce.org/item/15572.html?print=1 (accessed 13 October 2005) b Republic of Turkey Parliamentary Elections 3 November 2002 OSCE/ODIHR assessment report http://osce.org/documents/odihr/2002/12/1463_en.pdf (assessed 3 January 2007) [15] All about Turkey – Political Parties in Turkey http://www.allaboutturkey.com/parti.htm#dsp (accessed 28 May 2007) [16] Norwegian Country of Origin Information Centre “LANDINFO” (Utlendingsforvaltningens fagenhet for landinformasjon). Report of fact-finding mission to Turkey (7-17 October 2004)’ made public in February 2005 (not accessible online) [17] Republic of Turkey, Ministry of Interior, Turkish National Police, Department of Anti-smuggling and Organised Crime. Report on GBTS system (September 2003) [18] Republic of Turkey, Turkish Embassy Washington DC http://www.turkishembassy.org/index.php http://www.turkishembassy.org/governmentpolitics/politicsjdccourt.htm (Date accessed 17 February 2005) (now only accessible through) http://web.archive.org/web/20040419031754/http://www.turkishembassy.org/governmentpolitics/politicsjdccourt.htm Yüklə 1,68 Mb. Dostları ilə paylaş:
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