Military Court of Cassation (Turkey)

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The Military Court of Cassation ( Turkish Askerî Yargıtay ; officially: Türkiye Cumhuriyeti Askerî Yargıtay Başkanlığı ) is one of the highest courts in Turkey .

Brigadier General Ahmet Alkış has been President of the Court since 2005 .

function

According to Article 156 of the Turkish Constitution, the court is “the final instance of review for decisions and judgments of the military courts . In addition, he carries out certain procedures provided for in the law by military personnel as the first and last instance. "

history

The Military Cassation Court was founded on April 6, 1914 under the name Divan-ı Temyiz-î Askerî . It initially consisted of seven members who were proposed by the Defense Minister and appointed by the Sultan . On September 6, 1916, the Military Court of Cassation was divided into two chambers, dissolved on June 30, 1920 and its responsibilities handed over to the Revision Committee ( Hey'etî Temyiziyye ). This committee was dissolved again on October 10, 1920 and the Military Court of Cassation was re-established. On May 20, 1922, the court moved from Istanbul to Ankara and was reformed. In addition to the president, who had the rank of general , the new court consisted of four members. The members were also proposed by the Minister of Defense, but, unlike before, appointed for three years by the Council of Ministers. On May 22, 1930, the name was changed to Askerî Temyiz Mahkemesi .

The court got its current form with the coup of May 27, 1960 and the constitution of 1961 . According to this constitution, the Military Court of Cassation was one of the highest courts in the country and consisted of a President, a Vice President, four Senate Presidents, a Attorney General, a senior deputy attorney general, and a sufficient number of assistant attorneys general. The number of chambers was then increased from four to five in 1981, and the 1982 constitution set the number of Senate members at seven.

The number of members was then reduced again on May 27, 1991 from seven to six. In 2001 the number of chambers was reduced from five to four and the number of Senate members increased again to seven.

Members

How the members of the Military Court of Cassation are to be elected is regulated in Article 156, Paragraph 2 of the Turkish Constitution. This reads:

“ Askerî Yargıtay üyeleri birinci sınıf askerî hâkimler arasından Askerî Yargıtay Genel Kurulunun üye tamsayısının salt çoğunluğu ve gizli oyla her boş yer içilin göstereceği üye seçer adçba işın. "

"The members of the Military Court of Cassation are elected by the President of the Republic from the series of three candidates that the Plenary of the Military Court of Cassation draws up for each vacancy from the series of First Class Military Judges with a simple majority of the total number of its members in a secret ballot."

The appointment of the Presidium follows from Article 156, Paragraph 3 of the Turkish Constitution:

“ Askerî Yargıtay Başkanı, Başsavcısı, İkinci Başkanı ve daire başkanları Askerî Yargıtay üyeleri arasından rütbe ve kıdem sırasına göre atanırlar. "

"The President, the Attorney General, the Second President and the Senate Presidents of the Military Court of Cassation are appointed from among the members of the Military Court of Cassation in order of their rank and seniority."

See also

• Jurisdiction of Turkey
• Cash decision

Web links

• www.msb.gov.tr

Remarks

1. ↑ ^{a b c} Constitution of the Republic of Turkey (1982) ( Memento of September 22, 2011 in the Internet Archive ), Art. 156.