Bar Association (Turkey)
| Türkiye Barolar Birliği (TBB) |
|
|---|---|
| legal form | Professional body |
| purpose | Lawyers association |
| Seat | Ankara |
| founding | 1969
|
| place | Ankara |
| president | Metin Feyzioğlu |
| Website | http://www.barobirlik.org.tr/ |
The Association of Bar Associations of Turkey (TBB; literally Türkiye Barolar Birliği ) is the professional body of lawyers in Turkey , established under Law No. 1136 of March 19, 1969, and is a public law body . It is the umbrella organization of the provincial bar associations in Turkey.
Establishment of the umbrella organization
The first general assembly with 102 delegates from 52 bar associations in Turkey met on August 9 and 10, 1969 in Ankara to elect the bodies of the bar. According to Article 114 of the Lawyers Act (tr: Avukatlık Kanunu ), the highest body of the TBB is the General Assembly. To this end, the bar associations each send two delegates who have been practicing law for at least ten years. If there are more than a hundred lawyers in a bar, one delegate is elected for every 300 lawyers. Delegates are elected for a period of two years. The respective presidents of the Bar Associations and former Presidents of the Bar Association of Turkey are natural members of the General Assembly. As of October 19, 2010, the TBB comprised 78 bar associations with around 70,000 lawyers. As of December 30, 2013, a total of 81,554 lawyers (49,528 lawyers and 32,026 lawyers) were registered in 79 bar associations.
Organs and tasks of the umbrella organization
The tasks of the Union of Bar Associations of Turkey (TBB) are defined in Article 110 of the Lawyers Act. The organs and their functions are described in articles 113 to 133 of the law. The bodies of the TBB include:
- General Assembly: An ordinary General Assembly meets every two years. It elects the bodies of the TBB, approves the reports and issues instructions to the board.
- Board of Directors: The general assembly elects a chairman, 17 members and 10 substitute members by secret ballot for four years. The board of directors holds an ordinary meeting every month. He decides on contradictions to decisions of the local bar associations.
- Presidium: The presidium consists of the chairman, two deputies, a general secretary and a treasurer and is elected by the board.
- Disciplinary Board: It is elected by the General Assembly and has seven members and seven substitute members. The members elect a chairman among themselves. The Disciplinary Board meets properly once a month. He is responsible for disciplinary proceedings and the imposition of disciplinary sanctions.
- Control council: The general assembly elects a control council with three members and three substitute members for four years. They check the finances of the umbrella organization. The details are regulated by guidelines.
Chairwoman of the TBB
- Faruk Erem 1969–1980
- Atilla Sav 1980-1983
- Teoman Evren 1984-1989
- Önder Sav 1989-1995
- Eralp Özgen 1996–2001
- Özdemir Özok 2001–2010
- Vedat Ahsen Coşar 2010-2013
- Metin Feyzioğlu since 2013
The local bar associations
Bar associations (in Turkish " baro " based on the French expression " Barreau " or the English expression " Bar " and in connection with the place name as a shortened genitive " barosu ", e.g. Ankara Barosu or Istanbul Barosu) are used in the Turkey formed in the provinces where there are 15 or more lawyers. If this number is not reached in one province, the lawyers are organized in a neighboring province. At the end of 2013, there were bar associations in 79 of the 81 provinces in Turkey. There were no bar associations in the provinces of Ardahan and Bayburt . The organs of a bar association include:
- General Assembly: Every December, the lawyers of a province come together for an ordinary General Assembly.
- Board of Directors: The General Assembly elects a chairman and at least four members with at least 5 years of professional experience from lawyers with at least 15 years of professional experience for two years on the board (depending on the size of the bar association). The board of directors decides on the admission of trainee lawyers to the bar and is responsible for all administrative questions.
- Disciplinary Council: It consists of three members for bar associations with up to 250 members and five members for larger bar associations. He is responsible for disciplinary proceedings and the imposition of disciplinary sanctions.
Special tasks of the bar associations
Legal aid
Legal aid (tr: adli yardım , literally: judicial aid) for needy people is defined in Turkish law in Articles 176 to 181 of the Lawyers Act. Details are set out in the directive on judicial assistance (tr: Adli Yardım Yönetmeliği ), which was issued by the umbrella organization in March 2004. According to this, every bar association sets up an office for judicial assistance (depending on the size, several for the respective judicial districts). The Bar Association supervises the execution of mandates assigned by these offices. The costs of the offices and the payment of the public defenders were covered with money from various funds and payments from the finance minister to the umbrella organization, which transferred them to the individual bar associations. With an amendment to Article 13 of Law 5320 on the Validity and Type of Application of the Code of Criminal Procedure (tr: Ceza Muhakemesi Kanununun Yürürlük ve Uygulama Şekli Hakkında Kanun ) of December 2006, public defenders are now remunerated from a fund at the Ministry of Justice. Instead of the umbrella organization, the finance and justice ministries now decide on the level of remuneration.
Compulsory defense
With a change to the Code of Criminal Procedure in Turkey (TSPO) in November 1992, compulsory defense (tr: zorunlu müdafilik , literally: mandatory defense) was systematized. An amendment to Articles 135/3 and 138 TSPO stipulated that people under the age of 18, deaf-mute and disabled people who cannot defend themselves can receive legal assistance without an application. Legal assistance can be provided to other persons upon request. This provision was retained in the new TSPO of June 2005 (Articles 147 / c and 150), but a new paragraph in Article 150 TSPO stipulated that all offenses for which the upper penalty limit is more than five years imprisonment should be imprisoned Legal assistance is required. Law 5560 of December 2006 changed the area of compulsory defense with offenses for which the lower penalty limit is more than five years in prison. According to Article 146 of the old TSPO (expanded in the new TSPO by Articles 74, 147 and 156), it is the responsibility of the bar associations to appoint a public defender. Accordingly, special offices with the abbreviation CMUK (for the old TSPO Ceza Muhakemeleri Usulü Kanunu ) or CMK (for the new TSPO Ceza Muhakemesi Kanunu ) and the addition " Servisi " (service) have been set up at the bar associations .
With the changes to the TSPO in 1992, a prohibition on the use of statements that were recorded with unauthorized means was introduced. This was taken over in Article 148 of the new TSPO (Law 5271) of June 2005 and by the provision that police statements made in the absence of a defense attorney cannot be the basis of a judgment if they are not before a judge or a lawyer. Court upheld, expanded. Since then, the presence of lawyers has been mandatory when suspects testify to the police or gendarmerie . This has significantly increased the tasks of the services of the bar associations and at the beginning also led to problems with payment, as the bar associations did not have enough funds available. With Law 5560 of December 2006 and a corresponding directive of March 2007, the Ministry of Justice took over the payment of these (mostly voluntary) lawyers.
Major bar associations
Ankara
It is believed that there was an "Association of Defenders" in Ankara before 1920 , but the official founding date of the Ankara Bar Association (tr: Ankara Barosu ) is given as July 14, 1924. The Protection Law (Law 460, Ottoman-Turkish : Muhamat Kanunu , muhami = defender) from 1924 stipulated in Article 3 that a bar association should be established in all places where more than 10 lawyers were active. At the end of 2013, the Ankara Bar Association had 11,542 lawyers (6,598 male and 4,944 female). The chairmen of the Ankara Bar Association since 1980 have been:
- Muammer Aksoy 1980-1984
- Önder Sav 1984-1985
- Mahir Can Ilıcak 1985–1988
- Erzan Erzurumluoğlu 1988–1990
- Özdemir Özok 1990-1992
- Erdal Merdol 1992-1994
- Tuncay Alemdaroğlu 1994-1996
- Ünsal Toker 1996-1998
- Hakkı Süha Okay 1998-2000
- Sadık Erdoğan 2000–2002
- Semih Güner 2002-2004
- Vedat Ahsen Coşar 2004-2010
- Metin Feyzioğlu 2010-2013
- Sema Aksoy since 2013
Diyarbakır
The Diyarbakır Bar Association (tr: Diyarbakır Barosu ) has a special meaning for the Kurds in Turkey . Since 1980, most of the political trials against alleged and real separatists have taken place here, first before military courts and then before the State Security Courts (SSG). There were four SSGs in Diyarbakır (in comparison: one SSG each in Ankara or Izmir ). The Chamber's website does not provide any history, but lists chairpersons since 1927. At the end of 2013, the Diyarbakır Bar Association had 811 lawyers (584 men and 227 women). The presidents of the Diyarbakır Bar Association since 1980 have been:
- Yücel Önen 1980–1990
- Fethi Gümüş 1990–1994
- Huseyin Tayfun 1994-1998
- Mustafa Özer 1998-2002
- M. Sezgin Tanrıkulu 2002-2008
- M. Emin Aktar 2008–2012
- Tahir Elçi 2012–2015 (murdered)
Istanbul
In Istanbul (known at the time as Constantinople ) 63 members of an association of "representatives in lawsuits" (comparable to a bar association) met on April 5, 1878 to elect a chairman, a deputy and four members to a board of directors. In 1880 a second general assembly took place. In 1908 a "lawyer list" (tr: Baro Levhası ) with 125 lawyers was formed and elections were held again. In 1924, 482 of the 960 lawyers in Istanbul were excluded from the profession with a protection law ( Muhamat Kanunu ). Due to massive protests, the Justice Minister had to withdraw this measure. After the 1980 military coup, the bar was searched and all documents were confiscated. Chairman Orhan Adli Apaydın was removed from office in 1983 by the Minister of Justice. At the end of 2013, the Istanbul Bar Association had 31,183 lawyers (17,461 male and 13,722 female). The presidents of the Istanbul Bar Association since 1980 have been:
- Orhan Adli Apaydın 1976-1983
- Selahattin Sulhi Tekinay 1983-1988
- Turgut Kazan 1988-1996
- Yücel Sayman 1996-2002
- Kazım Kolcuoğlu 2002–2008
- Muammer Aydın 2008-2010
- Ümit Kocasakal since 2010
Individual evidence
- ↑ a b c The text of the Bar Law is in the Turkish original AVUKATLIK KANUNU ( Memento of the original from September 12, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. available on the TBB homepage; Accessed August 21, 2014
- ↑ a b From the self-presentation of TBB About Us (Turkish); Accessed August 21, 2014
- ↑ a b c d e See the statistics of the TBB ; Accessed August 21, 2014
- ↑ See the entry in the encyclopedia "Rehber" for the keyword Baro ; Accessed August 21, 2014
- ↑ a b The information is from a contribution by the lawyer Volkan Gültekin for the Istanbul Bar Association Türkiye'de Zorunlu Müdafilik Sistemi ve Uygulama Sorunları ( Memento of the original from August 1, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (August 2013) taken; Accessed August 21, 2014
- ↑ Article 135 / a of Law 1402, the old TSPO, see the report by Helmut Oberdiek Rule of Law of Political Processes in Turkey ( Memento of August 26, 2014 in the Internet Archive ) from February 2006, p. 13; Accessed August 21, 2014
- ^ Silvia Tellenbach Reforms in Criminal Law, Criminal Procedure Law and Prison Law , July 2005; Accessed August 21, 2014
- ↑ Compare an article at the Istanbul Bar Association İstanbul Barosu 5560 Sayılı Yasa görüşülürken ne yaptı? ( Memento of the original from November 8, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed August 25, 2014
- ↑ The information is on the "History" page at the Ankara Baro Tarihçe Bar Association ( Memento of the original from October 11, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. removed; Accessed August 21, 2014
- ↑ a b c The information is from the "History" page at the Istanbul Bar Association TARİHÇE ( Memento of the original from November 19, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. removed; Accessed August 21, 2014
