The Impact of Executive Decrees on Turkish Legislation
Abbreviations
Changed Legislation
Affected Institutions
Credits
|
TR
-
EN
Amendments to the Judiciary System
1
Amendments Concerning the Right to Defense Counsel and the Practice of Attorneyship
1.a
Continuation of Trials without Defense Counsel
1.b
Restriction of Representation by Attorney in Trial
1.c
Prohibition from Defense Counsel Duty
1.d
Limitation of the Right to Confer with a Defense Counselor during Investigation
1.e
Limitation of the Right to Confer with an Attorney in Prison
2
Amendments to the Power to Take Investigative Measures
2.a
Granting Prosecutors the Power to Issue Arrest Warrants
2.b
Weakening Judicial Control of Confiscation Procedures
2.c
Elimination of Controls During Search and Confiscation
2.d
Reformulation of the Confiscation of Immovables, Bank Accounts and Rights and Receivables
2.e
Granting Police the Right to Examine Documents
2.f
Granting Prosecutors the Right to Seize Computer Records
2.g
Granting Prosecutors the Power of Wiretapping
2.h
Granting Prosecutors the Power to Assign Secret Investigators and Employ Technical Surveillance Measures
3
Amendments Concerning the Principles of Equality of Arms and Immediateness in Criminal Justice
3.a
Limitation of Attorney’s Right to Examine the File’s Content and Make a Copy
3.b
Limitation of the Right to Call Witness
3.c
Limitation of the Right to Examine a Witness
3.d
Limiting the Defendant’s Right to Appear in Court
3.e
Announcement of the Verdict in the Absence of the Legal Counselor
4
Amendments Concerning Personal Freedoms and Safety
4.a
Extension of the Custody Period
4.b
Extension of Maximum Detention Period in Terror Related Crimes
4.c
Requirement of Finalization of Compensation Verdict in Cases of Illegal Custody or Detention
4.d
Examination of Detention by File Only
4.e
Public Prosecutors’ Power of Objecting to Release Verdicts
5
Amendments Concerning Prisoners’ Rights
5.a
Limitations on Prisoners’ Access to Visitors or Communication
5.b
Limitation of Convicts’ and Detainees’ Right to Leave the Prison Precinct
5.c
Imposition of Jumpsuits on Prisoners
5.d
Bringing Forward Conditional Releases
6
Amendments on Access to Justice and Judiciary Guarantees
6.a
Prohibition on Suspensions of Execution for Measures Under the Scope of State of Emergency Executive Decrees
6.b
Impunity for Individuals Taking Decisions as per State of Emergency Executive Decrees and Playing a Role in Suppressing Coup Attempts and Terror Incidents
6.c
Prohibition of Suits Against State of Emergency Measures
6.d
Annulment of Suits Against Higher Education Council as Regards the Grants Given to University Students Whose Villages Were Evacuated by the State
6.e
Urgent Notice and Adjudication in Trials Filed for the Compensation of Damages Inflicted by Certain Crimes in the Penal Code and by Terror Crimes
6.f
Prohibition of Proceedings without Judgment in Administrative Justice
6.g
Provisions on Cases Where Lawsuit Expenses and Counsel Fees Cannot be Demanded from the Administration
6.h
Non Application of Investigation Lapses in Civil Servant Discipline Law
6.i
Limitation of Adjudication with Hearing in the Supreme Court of Appeal (
Yargıtay
)
7
Amendments to the Functioning of the Judiciary System and Order
7.a
Changes to Cassation Review
7.b
Changes to the Investigation and Prosecution of Judges and Prosecutors
7.c
Amendments to the Investigation and Prosecution Procedures for Governors, District Governors and MPs
7.d
Provisions on the Military Justice System
7.e
Amendments on Ministry of Justice’s Structure
7.f
Provisions on Higher Judicial Bodies
7.g
Provisions on Becoming a Judge
8
Other Amendments Concerning the Judiciary System
8
Other Amendments Concerning the Judiciary SystemOther Amendments Concerning the Judiciary System
Introduction
1. Defense and Security
2. Amendments to the Judiciary System
3. Economy
4. Education
5. Social Security
6. Administrative Structure
7. Public Personnel Regime
8. Provisions and Restrictions Concerning the Media
9. Directorate of Religious Affairs
10. Presidential Executive Decrees Issued Under the State of Emergency
11. Conclusion