Judgment Reviews Law at Turkey
In Turkey, the review of judgments is a multi-layered process that provides for both ordinary and extraordinary legal remedies, primarily governed by the Code of Civil Procedure (Law No. 6100) and the Code of Criminal Procedure (Law No. 5271). These laws are designed to ensure the finality of disputes while also allowing for the correction of significant judicial errors.
Ordinary Legal Remedies
Ordinary remedies are available against decisions that are not yet final. The primary ordinary remedies in Turkish law are appeals to higher courts.
Appeal to the Regional Courts of Appeal (İstinaf): This is the first level of appeal for both civil and criminal cases. A party can appeal a first-instance court's decision to the Regional Court of Appeal. The court reviews the case on both legal and factual grounds. It can uphold the original decision, modify it, or send it back to the lower court for a retrial.
Appeal to the Supreme Court of Appeals (Yargıtay): After a decision by the Regional Court of Appeal, a party may, in certain cases, have the right to appeal to the Supreme Court of Appeals (Court of Cassation). The Supreme Court's review is generally limited to legal questions, ensuring the uniform application of the law across the country.
Extraordinary Legal Remedies
Extraordinary legal remedies are available to challenge a judgment that has already become final. The most significant of these is the retrial (yargılamanın yenilenmesi). The grounds for a retrial are limited and are specifically listed in the law (numerus clausus), meaning a retrial cannot be requested for any reason other than those specified.
According to the Code of Civil Procedure, the grounds for a retrial include:
Forged documents: If the judgment was based on a forged document.
False testimony: If the judgment was based on false testimony from a witness or expert.
Criminal act of a judge: If the judge or an arbitrator who decided the case was convicted of a crime related to their duty in that case.
New evidence: If new evidence is found after the judgment becomes final, and this evidence is of a nature that would have changed the outcome of the case.
Inconsistent judgments: If the judgment is based on another judgment that was later reversed.
The Code of Criminal Procedure also provides for a retrial, which is a crucial safeguard against miscarriages of justice. The grounds are similar and include:
New evidence: The discovery of new facts or evidence that would have led to an acquittal or a less severe sentence.
False testimony or documents: If the judgment was based on false testimony or a fabricated document.
Criminal act of a judge or prosecutor: If the judge, prosecutor, or other official involved in the case was convicted of a crime that affected the judgment.
Violation of the European Convention on Human Rights: If a judgment of the European Court of Human Rights determines that a verdict violated the Convention.
Constitutional Review
In addition to these, Turkey has a unique system of constitutional review. The Constitutional Court (Anayasa Mahkemesi) acts as the final arbiter for certain legal matters.
Individual Applications: Since 2012, individuals can apply to the Constitutional Court if they believe their fundamental rights and freedoms, as protected by the Constitution and the European Convention on Human Rights, have been violated by a public authority after all other legal remedies have been exhausted. This provides a crucial last resort for individuals who feel they have not received a fair trial.
Norm Control: The Constitutional Court also has the power to review the constitutionality of laws, presidential decrees, and parliamentary rules. This is a form of abstract review, ensuring that legislation is in line with the Constitution.
Enforcement of Foreign Judgments
It is important to note that a final judgment rendered by a foreign court is not automatically enforceable in Turkey. A separate process of enforcement must be initiated in a competent Turkish court, which will review the judgment to ensure it meets certain conditions, such as:
Finality of the judgment.
Compliance with Turkish public order.
Reciprocity with the country where the judgment was rendered.
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