The symposium which was held at Bahcesehir University Besiktas Campus, was carried out by Prof. Dr. Feridun Yenisey and Prof. Dr. Ayşe Nuhoğlu and the results of the survey titled as "Arrest Applications in Turkey and Role of Defense in Arrests" were also shared.
Dr. Todd Foglesong from the Harvard Kennedy School and Prof.Dr. Hans-Lorge Albercht from Max Planck Research School was also attended the symposium.
Conducted by Bahcesehir University Faculty of Law for research of Arrest Applications in Turkey and Role of Defense in Arrests, near 800 finalized case files are analysed in Kartal, Çağlayan and Bakırkoy court-houses.
Arrest applications in Turkey was examined in research, the frequency of issuance of arrest warrant of arrest and practice is viewed in terms of the nature of the right to a fair trial detention decision.
The results of the research that conducted by the academic members of Bahcesehir University Faculty of Law, Prof. Dr. Feridun Yenisey and Prof. Dr. Ayşe Nuhoğlu is as follows:
- In the research and the results of case files, only in 3 percent of the case flies, the prosecutor citing requested that the arrest was put forward.
The ratio of the files requested in detention without any justification is 97 percent.
- According to the research in Turkey the judges are agree to a very large extent dominated by the prosecutor claims the arrests.
Prosecutors demanded the arrest of the file rate declined only 3 percent.
So judges agree dominate 97 percent of the arrests prompt.
- Other interesting results of researched files is the rejection in the demand of arrest.
When the prosecutors arrest decision rejected by the judge, only 44 percent of prosecutors are appeal this decision. 56 percent doesn’t follow the file.
- Research relating to the arrest of defens lawyer (the defense) also reveals an attitude.
Accordingly, 30 percent of the defense lawyers in Turkey, does not appeal the decision to arrest or not perform sufficient defense.
- 95 percent of arrests in Turkey have given a decision on the preliminary investigation stage.
The arrest warrant issued by the court determined as 5 per cent.
- When the arrests examine, by the judges only 9 per cent of the files examined, showing a strong crime fact on decision.
- Only one file on the investigation has made that the judges have to do before making the decision to arrest the judge, approach of "the principle of proportionality in the law".
- According to research in the Public Prosecutor has been shown to disrupt the arrest warrant only in three cases.
This corresponds to only 0.4 percent of the surveyed research file.
- Actually decisions regarding the arrest should be given with defense in (although not necessarily in defense) session, 11 percent of decisions to arrest has been given without a lawyer in the session, that has been in violation of the law.
- The percentage of detailed defense counsel during the trial, which is set at 15 percent.
Nevertheless, one of the results of the research is that 65 percent of the defense lawyers review the file before.
- Research has also examined the detention in Turkey. Accordingly, the average length of detention in Turkey is 314 days.
The faculty member of Bahcesehir University Faculty of Law Prof. Dr. Feridun Yenisey evaluates the research and stated that in the control of the arrest warrant in Turkey are deficiencies in the Constitution.
"Effective control of the appeal and the appeal stage that the judge's gave decision to arrest are very important.
But in Turkey, there is a huge shortage in the appeal.
Because arrest decisions ultimately ends in the first court.
Supreme Court cannot make inspection during the pending case.
I think it should be replaced with the law, "he said.
"Long periods of detention is a problem in Turkey, but the responsible is not detention institutions," said the Yenisei and stated that the cause of this is the prolonged proceedings in cases and waiting time at the Supreme Court.
Yenisey said, that examined by the study results, rate of the conviction is 70 percent in cases.
"This rate is satisfactory.
If 70 of the 100 cases opened resulted in convictions, it says that a lawsuit filed is enabled.