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JUDICIAL SYSTEM

The Turkish state is a Republic.

Republic of Turkey is a democratic, secular and social state governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice; respecting human rights; loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the Preamble.

Independence of the Courts

Judges shall be independent in the discharge of their duties; they shall give judgment in accordance with the Constitution, law, and their personal conviction conforming with the law.
 
No organ, authority, officer or individual may give orders or instructions to courts or judges relating to the exercise of judicial power and may not send them circular notes or make recommendations or suggestions.
 
No questions shall be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial.
 
Legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution.

Security of Tenure of Judges and Public Prosecutors

Judges and public prosecutors shall not be dismissed, or retired before the age prescribed by the Constitution; nor shall they be deprived of their salaries, allowances or other rights relating to their status, even as a result of the abolition of court or post.
 
Exceptions indicated in law relating to those convicted for an offence requiring dismissal from the profession, those who are definitely established as unable to perform their duties on account of ill-health, and those determined as unsuitable to remain in the profession, are reserved.

Judges and Public Prosecutors

Judges and public prosecutors shall serve as judges and public prosecutors of courts of justice and of administrative courts. These duties shall be carried out by professional judges and public prosecutors.
 
Judges shall discharge their duties in accordance with the principles of the independence of the courts and the security of tenure of judges.
 
The qualifications, appointment, rights and duties, salaries and allowances of judges and public prosecutors, their promotion, temporary or permanent change in their duties or posts, the initiation of disciplinary proceedings against them and the subsequent imposition of disciplinary penalties, the conduct of investigation concerning them and the subsequent decision to prosecute them on account of offences committed in connection with or in the course of, their duties, the conviction for offences or instances of incompetence requiring their dismissal from the profession, their in-service training and other matters relating to their personnel status shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges.
 
Judges and public prosecutors shall exercise their duties until they reach the age of sixty-five; promotion according to age and the retirement of military judges shall be prescribed by law.
 
Judges and public prosecutors shall not assume official or public functions other than those prescribed by law.
 
Judges and public prosecutors shall be attached to the Ministry of Justice where their administrative functions are concerned.
 
Those judges and public prosecutors working in administrative posts within the system of legal services shall be subject to the same provisions as other judges and public prosecutors. Their categories and grades shall be determined according to the principles applying to judges and public prosecutors and they shall enjoy all the rights in accord with those of  judges and public prosecutors.

Publicity of Hearings and Verdict Justification

Court hearings shall be open to the public. It may be decided to conduct all or part of the hearings in a closed session only in cases where absolutely required for reasons of public morality or public security.
 
Special provisions shall be provided in the law with respect to the trial of minors. 
The decisions of all courts shall be made in writing with a statement of justification. 
It is the duty of the judiciary to conclude trials as quickly as possible and at minimum cost.

Organisation of Courts

The organisation, functions and jurisdiction of the courts, their functioning and trial procedures shall be regulated by law.