Turkey cois report November 2006
viii. Execution Investigation Authority (Icra Tetkik Hakimliği)
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viii. Execution Investigation Authority (Icra Tetkik Hakimliği) 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. [18] ix. 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. [18] x. 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. [18] 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. [18] A letter from the British Embassy in Ankara dated 22 April 2005 noted that the Yargitay only confirms or cancels court verdicts and does not conduct retrials. [4d] 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) [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/pub/ms59_nethtur0701.pdf (accessed 16 February 2006) c Turkey belongs in Europe – 3 January 2005 http://www.minbuza.nl/en/news/speeches_and_articles,ministers_articles_in_the_media/2005/01/turkey_belongs_in_europe.html (accessed 7 October 2006) [3] A. J. Day (editor) “Political Parties of the World” (2002) [4] Foreign and Commonwealth Office a Letter 10 December 2001 b Letter 11 April 2002 c Letter 18 April 2005 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– Turkey updated 14 August 2006 still current on 22 August 2006 (accessed 22 August 2006) http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029390590&a=KCountryAdvice&aid=1013618386532 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 [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)
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: 3 June 2005 http://www.state.gov/g/tip/rls/tiprpt/2005/46616.htm (accessed 26 August 2005) e Report on International Religious Freedom 2006, (15 September 2006) (accessed 7 September 2006) f Consular Information Sheet– 4 October 2006 http://travel.state.gov/travel/cis_pa_tw/cis/cis_1046.html (accessed 4 October 2006) [6] Kurdish Human Rights Project (KHRP) 2004 Legal Review http://www.khrp.org/publish/p2004/Legal%20Review%205%20ISSN.pdf [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) [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 2006 Turkey (18 January 2006)
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) 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) [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) (accessed 12 July 2006) http://www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=4255 [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 Two reporters accused of making fire-bombs face life imprisonment (28 February 2006) http://www.rsf.org/article.php3?id_article=16603 (accessed 10 March 2006) c Turkey– Freedom of the Press Annual report 2006 http://www.rsf.org/IMG/pdf/report.pdf (accessed 7 October 2006) [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’s concerns at the 56th session of the Executive Committee of the United Nations High Commissioner for Refugees: 3 October 2005 http://web.amnesty.org/library/pdf/IOR410602005ENGLISH/$File/IOR4106005.pdf f Turkey: Conscientious objector Mehmet Tarhan is a Prisoner of Conscience and must be released now!: 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) [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) [15] The Constitution of the Republic of Turkey (amended 17 October 2001) Articles 1-42 http://www.byegm.gov.tr/mevzuat/anayasa/anayasa-ing.htm [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 [19] Council of Europe Office of the Commissioner for Human Rights ‘Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to Turkey 11-12 June 2003’ (19 December 2003) http://www.coe.int/T/E/Commissioner_H.R/Communication_Unit/Documents/pdf.CommDH(2004)15_E.pdf [20] “Cumhuriyet” One more “Selefi supporter revealed.’ 23 November 1999 [21] Military Act No. 1111, as amended [22] Lambda Istanbul http://www.qrd.org/qrd/www/world/europe/turkey/ (accessed 11 October 2006) [23] “Turkish Daily News” http://www.turkishdailynews.com.tr/ a Ankara DGM files case against DHKP/C militants. 22 March 1999 b Piskinsut’s TDP becomes the 44th party of Turkey. 29 January 2002 c Plaintiffs concerned with Uzan entrance into politics. 20 July 2002 d Terrorism claims eight more victims over weekend: 4 September 2006
e Prime Ministry hosting summit on violence against women: 8 September 2006 http://www.turkishdailynews.com.tr/article.php?enewsid=53416 (accessed 28 September 2006) f PKK increases attacks on the eve of Nevroz: 7 March 2006 http://www.turkishdailynews.com.tr/article.php?enewsid=37464
g Kurdish group claims bomb attack on AKP offices: 24 February 2006 http://www.turkishdailynews.com.tr/article.php?enewsid=36560 (accessed 24 February 2006) h DEHAP dissolves: 21 November 2005 http://www.turkishdailynews.com.tr/article.php?enewsid=36560 (accessed 24 February 2006) i Unemployment rate down to 8.8 percent in May: 22 August 2006 http://www.turkishdailynews.com.tr/article.php?enewsid=52129 (accessed 22 August 2006) j Lack of centers for physically handicapped in Turkey (accessed 18 December 2003) k Court fines 20 for using letters W and Q: 26 October 2005 http://www.turkishdailynews.com.tr/article.php?enewsid=26805 (accessed 26 October 2005) l Hak-Par officials defend themselves: 20 September 2005 http://www.turkishdailynews.com.tr/article.php?enewsid=23828 (accessed 20 September 2005) m Contentious law claims its first victims: 23 December 2005 http://www.turkishdailynews.com.tr/article.php?enewsid=31511 (accessed 23 December 2005) n RTÜK approves Kurdish broadcasts: 9 March 2006 http://www.turkishdailynews.com.tr/article.php?enewsid=37644 (accessed 9 March 2006) o Turkey needs to step up fight against AIDS: 5 December 2005 http://www.turkishdailynews.com.tr/article.php?enewsid=29716 (accessed 6 December 2005) p Health Ministry officially takes over SSK hospitals (21 February 2005) http://www.turkishdailynews.com.tr/article.php?enewsid=6487 Yüklə 1,52 Mb. Dostları ilə paylaş:
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