Publications

JUDICIAL PROCEEDINGS AT ISTANBUL CIVIL COURTS

JUDICIAL PROCEEDINGS AT ISTANBUL CIVIL COURTS
Parties, Cases and Process

Authors: Galma Jahic, İdil Elveriş, Seda Kalem
ISBN: 978-605-399-069-7
Category: Law
Dimensions: 16x23 cm 270 pages
Release Date: February 2009

As in many countries, in Turkey too, the most frequently heard complaint about courts is backlog and delay. This research departed from the fact that even if resources were limitless and there were as many number of courts and judges as one wished, some problems of the courts require a different understanding to resolve.

Hence, this research was thought as a pilot study aiming to understand how the process in Istanbul civil courts works. To do this, answers to the following questions were sought after: “who is responsible for delays”, “what is the percentage of hearings in which no action was taken”, “which cases last the longest”, “who are the users of the civil courts” and the percentage of the parties represented by counsel.

It is believed that no matter how insurmountable these problems may seem, their reasons must be determined by data. It is therefore hoped that the research will contribute to the forming a new judicial policy tradition based on data that understands problems will not be resolved by solely changing laws and takes citizens’ views into consideration.

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ALONE IN THE COURT-ROOM

ALONE IN THE COURT-ROOM

Authors: İdil Elveriş, Galma Jahic, Seda Kalem
ISBN: 978-605-399-007-9
Category: Human Rights Law Studies
Dimensions: 19x21 cm 280 pages
Release Date: November 2007

Recently, legal aid for the detained, arrested and prosecuted criminal defendants has quite often been on the agenda of Turkey: first within the framework of the new Criminal Code and then in terms of the failure to pay the legal fees of lawyers who provide the service. This book shows the results that come out when focusing on the most relevant persons, the clients of the service. The observations made before the Istanbul criminal courts at the time when the new code went into effect, the review of case files and the data from the interviews with the judges, prosecutors and attorneys demonstrate that the access rate of the service is much less than the expected. This creates problems for Turkey in terms of the right to defense including right to free legal aid and equality of arms guaranteed by the European Convention on Human Rights. At the same time, the findings reveal that the impact of the service also contains question marks. This could be interpreted as an indication of the problems regarding the quality of the service.

Lastly, this research also constitutes an example of law and society research widely carried out all over the world. In this sense, with the aid of field data the book shows how laws operate in practice and aims to contribute to legal policy making.

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LEGAL AID IN TURKEY

LEGAL AID IN TURKEY
Policy Issues and a Comparative Perspective

Authors: İdil Elveriş
ISBN: 975-6176-03-2
Category: Human Rights Law Studies
Dimensions: 16x23 cm 288 pages
Release Date: February 2005

In modern legal systems, the legal aid service is evaluated in human rights terms. This is especially important in criminal cases. Legal aid is also among those continued improvement efforts in Turkey’s bid for EU membership. It is therefore of utmost importance that this perspective is given due consideration by Turkish legal scholars.

Prepared with such an approach, this book contains the presentations, discussions and recommendations made at the Round Table Discussion at İstanbul Bilgi University on 16 April 2004. Furthermore, “The Basic Assessment Report of the Legal Aid Delivery in Turkey”, presented at the Round Table, is being published for the first time herein. The book is prepared in both Turkish and English, for the benefit of Turkish as well as international legal scholars.

This manuscript was prepared for publication with the contribution and cooperation of the “Working Group on Judicial Reform and Access to Justice” operating under the umbrella of İstanbul Bilgi University Human Rights Law Research Center, itself active since 2000.

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