Authorities

 Turkey - Central Authority (Art. 2) and practical information
Address

Central Authority(ies):

Ministry of Justice
General Directorate of International Law and Foreign Relations

Contact details:
Address: Ministry of Justice
General Directorate of International Law and Foreign Relations
Mustafa Kemal Mahallesi 2151
Cadde No: 34/A Sögütözü
ANKARA
TURKEY
Telephone: +90 312 218 7807
Fax: +90 312 219 4523
E-mail: [email protected]
General website: www.uhdigm.adalet.gov.tr
Contact person: Mehmet Emre Sariyildiz
Languages spoken by staff: Turkish, English, French

Practical Information
Blocking statutes:  
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration.
Translation requirements (Arts 4(2) and 33):  Letters of request which are to be executed under the Chapter I of the Convention, shall be in Turkish or be accompanied by a Turkish translation in compliance with Article 4, paragraphs 1 and 5.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): In accordance with Article 26, the costs are not requested. For the purpose of Article 14 of the Convention, requests for costs are evaluated by our judicial authorities.
Time for execution: Approximately 2-6 months.
Art 23 pre-trial discovery of documents: Full exclusion. See declarations.
Information about domestic rules on the taking of evidence:  Detailed regulations are available between Articles 11 and 155 of the Code of Civil Procedures.
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? It is preferable that the list of questions is sent.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No. However, before the witness is heard, the witness is informed by the judge about the event to be testified.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes. However the ones who are not over 15 when heard and the ones without sensibility so as to comprehend the nature and importance of the oath are heard without oath.
Can the witness be made subject to further examination and recall? If the court needs, yes.
Are there sanctions for non-appearance of witness? The witness who is summoned duly but does not come without giving any excuse is sentenced to a fine.
Must interpreters who assist with the witness examination be court-certified? The interpreters are assigned by the justice commissions of the judiciary of the regional court of justice in the jurisdiction from the list which is drawn up each year. In the event that the interpreter is not available for that expertise are, the interpreter is assigned from the lists of the other regional court of justice, if not available, an interpreter is assigned out of the list.
How is the testimony transcribed? The testimony of the witness is written to the minutes and read before the witness and the minutes are undersigned.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 No declaration of applicability
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  
Chapter II
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements  
Useful links:  

(This page was last updated on 29 July 2014)

Conventions