Court of Cassation (Turkey)

Court of Cassation (Turkey)
Court name	Court of Cassation
Native name	Yargıtay
Caption	Emblem of the Court of Cassation
Established	1868 (as the Court of Cassation of the Ottoman Empire)
Location	Ankara
Country	Turkey
Authority	Constitution of Turkey
Terms	Until mandatory retirement age
Positions	387 (as of 2023)
Chiefjudgename	Mehmet Akarca
Termstart	23 February 2023
Website	www.yargitay.gov.tr

Court of Cassation (Turkey). The Court of Cassation, known as the Yargıtay in Turkish, is the highest court of appeal in the Republic of Turkey for civil and criminal cases. It serves as the final arbiter on matters of law, ensuring the uniform application of justice across the nation's judicial system. The court reviews decisions from lower courts, including criminal courts and civil courts, but does not re-examine facts, focusing solely on legal procedure and interpretation.

History

The origins of the court trace back to the Ottoman Empire with the establishment of the Divan-ı Ahkâm-ı Adliye in 1868, following judicial reforms during the Tanzimat period. This institution was reorganized and renamed the Court of Cassation after the foundation of the modern Turkish state by Mustafa Kemal Atatürk. Its structure and authority were formally codified in the 1924 Constitution, and it has been a central pillar of the judiciary of Turkey through subsequent constitutional changes, including those following the 1980 Turkish coup d'état and the 2017 constitutional referendum.

Structure and organization

The Court of Cassation is headquartered in Ankara and is composed of multiple specialized chambers. As of 2023, it consists of 23 civil chambers, 20 criminal chambers, and a single United Chambers assembly for resolving jurisdictional conflicts. The court is presided over by a President, currently Mehmet Akarca, and a Council of Presidents which includes the chiefs of all chambers. Judges are appointed by the Supreme Board of Judges and Prosecutors from among senior judges and prosecutors, and they serve until the mandatory retirement age.

Jurisdiction and functions

The primary jurisdiction of the Court of Cassation is to review final judgments from lower courts upon appeal, ensuring correct application of laws such as the Turkish Penal Code and the Turkish Code of Obligations. It does not function as a court of first instance and cannot investigate factual evidence. Its key functions include unifying judicial interpretation through precedent-setting decisions, resolving conflicts of jurisdiction between lower courts, and, in rare instances, retrying cases as a court of first instance for specific crimes against high-state officials as defined by the Constitution of Turkey.

Procedures

Appeals to the court are generally filed by parties or the Public Prosecutor within a strict time limit after a lower court's final decision. The relevant chamber examines the appeal based on legal grounds, such as procedural error or misapplication of law. If a chamber's decision conflicts with another chamber's precedent, the matter is referred to the United Chambers for a binding resolution. Proceedings are documented and published, contributing to the body of jurisprudence in Turkey.

Notable cases

The court has presided over numerous high-profile cases that have shaped Turkish legal and political history. These include the appeals and confirmations in trials related to the Ergenekon and Sledgehammer alleged coup plots, cases concerning the closure of political parties like the Welfare Party and the People's Democratic Party, and significant appeals from the trials following the 2016 Turkish coup d'état attempt. It also handles major financial and constitutional cases, such as those involving the Istanbul Stock Exchange or disputes under the European Convention on Human Rights.

Relationship with other courts

The Court of Cassation operates within a pluralistic judicial structure. It is distinct from the Constitutional Court of Turkey, which reviews the constitutionality of laws, and the Council of State (Turkey), the highest administrative court. Its decisions are binding on all lower civil and criminal courts but can be subject to individual appeal to the European Court of Human Rights after domestic remedies are exhausted. The court also interacts with the Ministry of Justice (Turkey) on administrative matters and collaborates with judicial bodies like the Court of Jurisdictional Disputes.

Category:National supreme courts Category:Courts in Turkey Category:1868 establishments in the Ottoman Empire