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| Turkish judiciary | |
|---|---|
| Name | Turkish judiciary |
| Caption | Symbolic scales of justice |
| Type | Judiciary |
| Jurisdiction | Turkey |
| Headquarters | Ankara |
| Chiefjudgetitle | President of the Constitutional Court of Turkey |
| Chiefjudge | Zühtü Arslan |
Turkish judiciary is the system of courts and legal institutions administering justice in Turkey, encompassing constitutional review, criminal adjudication, civil disputes, administrative litigation, and military justice. The system has evolved through reforms linked to the Ottoman Empire, the Turkish War of Independence, the 1924 and 1961 Constitutions, and the 1982 Constitution, shaped by interactions with the European Court of Human Rights, the Council of Europe, and the European Union accession process.
The modern foundations trace to the Tanzimat reforms and the Ottoman Legal Reform era, followed by legal codifications influenced by the Swiss Civil Code, the Italian Penal Code, and the German Commercial Code during the Republic of Turkey founding under Mustafa Kemal Atatürk. Major shifts occurred after the 1960 Turkish coup d'état (1960), the 1980 Turkish coup d'état (1980), and the 2016 2016 Turkish coup d'état attempt, each prompting constitutional amendments and institutional restructuring. International engagements with the European Convention on Human Rights, judgments of the European Court of Human Rights, and recommendations from the Venice Commission have driven reform cycles.
The judiciary comprises constitutional adjudication, high courts, ordinary courts, administrative courts, and specialized tribunals. Key institutions include the Constitutional Court of Turkey, the Court of Cassation (Yargıtay), the Council of State (Danıştay), the Court of Jurisdictional Disputes, and the Supreme Military Court (historically reformed). Regional judicial organization involves Ankara judicial districts, provincial courts, and local magistrates, interacting with prosecutorial offices like the Office of the Chief Public Prosecutor of the Supreme Court of Appeals.
The Constitutional Court of Turkey performs constitutional review, individual applications, and party closure cases; its decisions intersect with rulings from the European Court of Human Rights and opinions of the Constitutional Tribunal in other jurisdictions. The Court of Cassation (Yargıtay) serves as the highest court for civil and criminal matters, while the Council of State (Danıştay) is the apex of administrative adjudication. The historical role of the Military Court of Cassation and the State Security Courts changed after reforms following decisions by the European Court of Human Rights and pressure from the European Union.
Ordinary courts include criminal courts of first instance, heavy penal courts, civil courts of first instance, family courts, commercial courts, and juvenile courts; appellate review flows to the Court of Cassation (Yargıtay). Specialized bodies have included the Enforcement and Bankruptcy Courts, the Labor Courts, and the Customs Courts, with procedural rules codified in the Criminal Procedure Code (CMK) and the Civil Procedure Code (HMK)]. Prosecutorial functions are exercised by public prosecutors attached to appellate chambers, while judicial police duties involve the General Directorate of Security and judicial investigators.
Judges and prosecutors historically entered via the Judicial and Administrative Career systems, with recruitment from graduates of the Ankara University Faculty of Law, Istanbul University Faculty of Law, and the Hacettepe University Faculty of Law. The Council of Judges and Prosecutors (HSK) oversees appointments, promotions, transfers, and disciplinary measures; membership has been modified by amendments to the Constitution of Turkey (1982) and subsequent constitutional amendments influenced by the Grand National Assembly of Turkey (TBMM). Leadership of high courts involves presidents elected by peers, and tenure protections intersect with mandatory retirement rules and impeachment-like procedures adjudicated by the Constitutional Court of Turkey.
Efforts to strengthen judicial independence referenced decisions of the European Court of Human Rights, reports by the Council of Europe, and recommendations of the Venice Commission. Reforms under governments such as the Justice and Development Party (AKP) produced legislative changes affecting the Council of Judges and Prosecutors (HSK), judicial discipline, and the role of the Ministry of Justice. Post-2016 measures linked to the State of Emergency (2016–2018) and decrees under the President of Turkey prompted restructurings, mass dismissals, and purges that drew criticism from the United Nations, European Commission, and non-governmental observers like Human Rights Watch and Amnesty International.
Critiques focus on alleged politicization, executive influence, mass suspensions and dismissals after the 2016 Turkish coup d'état attempt, prosecutions of journalists linked to outlets such as Cumhuriyet, and high-profile trials involving figures like Fethullah Gülen and members of the Ergenekon and Sledgehammer (Balyoz) cases. International scrutiny includes judgments by the European Court of Human Rights overturning convictions, reports from the Council of Europe and Transparency International on rule-of-law indicators, and concerns raised by the International Commission of Jurists. Debates continue over reforms to the Constitutional Court of Turkey, the Court of Cassation (Yargıtay), and the Council of State (Danıştay), balancing security policies linked to counterterrorism legislation with obligations under the European Convention on Human Rights.
Category:Law of Turkey