Legal system of the Republic of Turkey#State Security Courts

State Security Courts ( tr: Devlet Güvenlik Mahkemeleri, DGM) were Turkish " specialized courts" which for criminal acts that were committed against the existence of state territory and nation, the free democratic basic order or against the republican form of government and the security of the State concerned responsible were.

Court of appeal was in accordance with Article 143 IV A. F. the Turkish Constitution of the Court of Cassation.

Foundation

Was first initiated the establishment of State Security Courts, which should be founded on the example of the French Cour de sûreté de l' État, by a change of the then Constitution by Act No. 1699 of 15 March 1973. In this context, entered into force on June 26, 1973 law No. 1773 on the establishment of the State Security Courts in force. On May 6, 1975, the Constitutional Court, however, declared that the law No. 1773 was unconstitutional. Consequently, the structure of courts in 1976 was abandoned.

The project establishing such courts has been taken up again after the military coup of 1980. Accordingly, it is the State Security Courts precaution enshrined in the new constitution of 1982.

Article 143 of the Constitution read as follows:

" Devletin ülkesi ve milletiyle bölünmez bütünlüğü, hür demokratik düzen ve nitelikleri Anayasada belirtilen Cumhuriyet aleyhine işlenen ve doğrudan doğruya Devletin iç ve Dis güvenliğini ilgilendiren suçlara bakmakla görevli Devlet Güvenlik Mahkemeleri kurulur. "

" There are State Security Courts established with the task to negotiate offenses which relate to the indivisible unity of state territory and nation, the free democratic order and the Republic whose characteristics are determined by the Constitution, are committed and the internal and external security of the State. "

On 16 June 1983, the Law No. 2845 came on the establishment and jurisdiction of State Security Courts procedures in force. This time could not be verified, the constitutionality of the law, the new constitution of such a review was contrary. Under this law, the State Security Courts were established in Ankara, Diyarbakır, Erzincan, Istanbul, Izmir, Kayseri, Konya, Malatya. The courts took from 1 April 1984 its tasks. By Article 1 of Law No. 4210 of 13 November 1996, the DGM were dissolved in Erzincan, Kayseri and Konya and established in their place DGM in Adana, Erzurum and Van.

In the case of a large amount of work, the Department of Justice was authorized in the same place to set up multiple dishes. Here DGM received in the same place their own numbering.

Districts

The judicial districts were governed by Article 2 of Law No. 2845 on the establishment and jurisdiction of State Security Courts process.

The following table provides information about the respective districts:

The modern province of Düzce, which was established on 9 December 1999 as 81st province, is not included in the enumeration. This is because Article 2 of Law No. 2845 was last amended on 13 November 1996. For today's province of the State Security Court in Ankara was responsible.

Organization

Were at the State Security Courts, in accordance with Article 143 II aF the Turkish Constitution a Chairman, two full members, a substitute member and an attorney general and sufficient prosecutors.

The appointment and term of office of the members was governed by Article 143 of the Turkish Constitution III as follows:

" Başkan, iki Asil ve bir ile üye yedek Cumhuriyet başsavcısı, birinci sınıfa ayrılmış Hakim ve Cumhuriyet savcıları arasından; Cumhuriyet savcıları ise, diğer Cumhuriyet savcıları arasından Hâkimler ve Savcılar Yüksek Kurulunca özel kanununda gösterilen usule göre dört yıl için atanırlar; süresi bitenler yeniden atanabilirler. "

" The president, two regular members and alternate member as well as the Attorney General to be first from the judges and prosecutors of the Republic of class; the prosecutors from the prosecutors of the Republic appointed for four years under the terms provided in the special laws proceedings by the High Council of Judges and Prosecutors; those whose term of office has ended, may be reappointed. "

Originally a State Security Court also belonged to a military judge. A ruling by the European Court of Human Rights, this was accounted for by corresponding constitutional amendment by Law No 4388 of 18 June 1999 and by amending the Law No. 2845 with Law No. 4390 of 22 June 1999.

Jurisdiction

The responsibilities of the courts arising from Article 9 of Law No 2845 on the establishment and jurisdiction of State Security Courts process.

Consequently, the courts were responsible for crimes:

• Under Article 125-139, 146-157, 161, 168, 169, 171, 172, 174, 312 II, 499 II of the Turkish Penal Code,
• Within the meaning of Law No. 6136 on firearms, knives and other equipment and, according to common offenses referred to in Articles 264 and 403 of the Turkish Penal Code and
• Regarding the causation of emergency under Article 120 of the Turkish Constitution.

Galt state of emergency, the State Security Courts took the tasks of military courts.

Abolition

On 7 May 2004, the State Security Courts were abolished in the context of constitutional amendments. On 16 June 2004 followed by appropriate changes to the Turkish Code of Criminal Procedure ( Ceza Muhakemeleri usulü Kanunu, cmuk ) by Act No. 5190 on the amendment of the Criminal Procedure Code and abolition of the State Security Courts. By Article 3 of this Law, which entered into force on 30 June 2004, Act No. 2845 was repealed on the establishment and jurisdiction of State Security Courts process. Article 1 of the Law stated that judges and prosecutors of the State Security Courts continue to perform their duties in the courts newly designated and may not be transferred to another post for three years, unless there are disciplinary reasons and legitimate excuses or claims.

The chambers in eight of the 81 provinces of Turkey existing but for the whole of Turkey competent State Security Courts were numerically appended to the existing at each location Great Trial Chambers. The judicial districts correspond to those of the State Security Courts. The Düzce province is part of the Judicial District of the 11th Chamber of the Great Criminal Court in Ankara. For the province of Tunceli applies: in principle, the Court in Malatya is responsible. Only the circle Pülümür falls within the jurisdiction of the Court in Erzurum. This was also the case with the State Security Courts. The renamed courts judging by the in Articles 250-252 of the new Code of Criminal Procedure of 1 June 2005 ( Ceza Muhakemesi Kanunu = CMK ) defined special rules and competent authorities under Article 250 CMK dishes are therefore literally called for severe penalties. Besides CMK Article 250 Law No. 3713 determined to combat terrorism, which offenses are heard by these special courts.

Some jurists are of the opinion that the State Security Courts were not abolished, but only the name has changed ( the sign on the Turkey = tabela ). In the discussions on the new Code of Criminal Procedure of CHP deputies had expressed the same concerns.

Reorganization

After the criticism of the according to the article 250 of the Code of Criminal Procedure ( CCP) competent chambers for serious offenses as special courts do not fall silent wanted (they were now considered " courts with special powers " (tr: özel yetkili mahkemeler = ÖYM abbreviated ) ), was again the announced abolition of these courts. In the third package on the reform of the judiciary, the main provisions of Articles 250, 251 and 252 of the Turkish Code of Criminal Procedure in Article 10 of Law 3713 on combating terrorism ( also known as the Anti- Terror Law = ATG) were taken. Articles 250, 251 and 252 of the Turkish Code of Criminal Procedure were abolished.

Shortly thereafter, the High Council decided for judges and prosecutors that at 11 places in Turkey 13 new courts will be established, which should take care of the to be negotiated after the ATG offenses. One of the places was all 8 provincial capitals, where it ( or had given special courts ) before the State Security Courts. There were also the places Antalya, Bursa and Samsun. In Istanbul and Diyarbakir these courts have been established in each case two new chambers.

The following table provides information about the new distribution of districts ( only the changes are listed):

References and Notes

• Court (Turkey)