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A STUDY ON TURKISH CRIMINAL TRIAL SYSTEM Dr. Sezer GÖKHAN Attorney-at-Law Ankara Bar Publication 2010

Attorney-at-Law Ankara Bar Publication 2010

Dr. Sezer GÖKHAN


To prepare on a regular basis “Country Law Study for Turkey” is among the responsibilities assumed by our office in accordance with the Agreement Between the Parties to the North Atlantic Treaty Organization Regarding the Status of Their Forces (NATO SOFA) of 19 June 1951. Republic of Turkey being a member of the North Atlantic Treaty Organization has ratified the NATO SOFA through Law No 6375 on 10 March 1954. In that respect the first Country Law Study for Turkey was prepared by late Mustafa Ovacık, Esq, the first Turkish Legal Advisor of the then Joint United States Military Mission for Aid to Turkey (JUSMMAT) in 1969 and who was my dear “Master” when I started to work in the same office with him, then, as a brand new lawyer. I remember him with due respect and admiration for his fine professionalism and great command inthe English language. I am full of thanks to him even if in memory; for his setting the first example of this Study so masterfully.

The Country Law Study I did on my part for the first time was in 1987 under the auspices of the then Col (R) Randy Harshman, who was then the precious head of our legal office at JUSMMAT. Taking this opportunity I would like to thank Randy Harshman with all my heart, who has been and is a true light for me all these years for his great guidance and true friendship.

Over the years the existing Country Law Studies were updated whenever major amendments were introduced into the Turkish system of criminal procedure .Except in 2004 I had to write a new book due to the substantial changes Turkey made under the EU harmonization packages. However, the Turkish criminal system as a whole; both from the aspects of the substantive law and the law of procedure; was changed once again and this time completely and entered into effect as of 2005. This left me no choice to update our existing book of 2004 but to write a new one “from the scratch”!

This freshly written Country Law Study for TURKEY 2008 is my latest and
the last product in my capacity as the Turkish Legal Advisor to the United
States of America Office of Defense Cooperation in Turkey (ODC T) prior
to my departure from the office. Getting ready to ask for the great permission
from my beloved work to retire to a new horizon of beautiful Life on 7 July
2008; I had to put all my efforts to be able to complete this study in time. Not to leave it unfinished; was my goal and if you will, it was indeed a matter of principle; a matter of professional responsibility for me....

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