Turkey: Requirements and procedures to obtain statements of plaintiffs/victims (müşteki/mağdur ifade tutanağı), from within the country, as well as from abroad; format, including appearance, signatures and letterhead; whether there is a standard format across the country (2017-June 2018)
1. Requirements and Procedures to Obtain Statements of Plaintiffs/Victims
1.1 Within Turkey
According to sources, the procedures to obtain statements of plaintiffs/victims are the same throughout Turkey (Turkey 29 Aug. 2018; Lawyer in Ankara 23 July 2018).
Sources state that a plaintiff receives a copy of their statement after they have given their statement (Attorney at Law 31 Aug. 2018; Turkey 30 Aug. 2018), "if they ask for it" (Turkey 30 Aug. 2018). Other sources similarly indicate that the plaintiff receives a copy of their statement, on the condition that there is "no privacy decision" (Lawyer in Ankara 3 Sept. 2018) or no "restraint order issued by the prosecutor" (Lawyer and Criminal Law Professor 4 Sept. 2018). In correspondence with the Research Directorate, a Turkish lawyer, who also teaches criminal law in several Turkish universities, specified that "prosecutors' powers to issue restraint orders to ensure the confidentiality of investigations have been notably expanded during and after the state of emergency in Turkey" [in effect from July 2016 to 18 July 2018] (Lawyer and Criminal Law Professor 4 Sept. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Sources explain that, if the plaintiff wants to obtain a copy of their statement at a later time, they must request it at the police station where the statement was given and show their Turkish identity card (T.C. Kimlik) (Turkey 30 Aug. 2018; Attorney at Law 31 Aug. 2018). The plaintiff may also approach the public prosecutor's office (Attorney at Law 31 Aug. 2018; Lawyer in Ankara 3 Sept. 2018) if the public prosecutor had opened a case (Attorney at Law 31 Aug. 2018).
In correspondence with the Research Directorate, a lawyer who practises in Ankara stated that, "[i]f there is no privacy decision regarding the investigation, any party of that investigation can write a petition to the district attorney to get a copy of police records. The representing attorney can get the records with his/her power of attorney" (Lawyer in Ankara 23 July 2018).
In a telephone interview with the Research Directorate, a representative of the Turkish embassy in Ottawa stated that a copy of the plaintiff's statement will be provided if it is requested "within a reasonable amount of time" after the statement was initially given (Turkey 30 Aug. 2018). According to the same source, after "a certain time," police reports are transferred to the central archives office (Turkey 30 Aug. 2018). In contrast, the Lawyer and Criminal Law Professor stated that the victim can receive a copy of their statement "even after a long [time has passed since they gave] their statement" (Lawyer and Criminal Law Professor 4 Sept. 2018). According to the same source, "all judicial files and documents are uploaded to the national judiciary informati[cs] system [Ulusal Yargı Ağı Bilişim Sistemi, UYAP]" (Lawyer and Criminal Law Professor 7 June 2018). The plaintiff/victim can therefore retrieve their statement "as long as [they] ha[ve] access to the UYAP" (Lawyer and Criminal Law Professor 4 Sept. 2018). The same source explained that "[a]n attorney has access to all files and documents of a case he assumes in the UYAP system," including those unconnected to their clients (Lawyer and Criminal Law Professor 7 June 2018). The UYAP web portal indicates that "[c]itizens and lawyers can access their files and accomplish every kind of judicial transaction by using internet (citizen and lawyer portal) without going [to] courts[,] such as [to] litigate a claim, examine the files and deposit a case fee" (Turkey n.d.).
1.2 From Abroad
Sources indicate that an individual who resides abroad may apply for a copy of their plaintiff's statement in person at a Turkish embassy [or consulate (Attorney at Law 31 Aug. 2018)], or through a representative in Turkey with power of attorney (Turkey 30 Aug. 2018; Attorney at Law 31 Aug. 2018). In a telephone interview with the Research Directorate, an attorney at law in Ankara [1] stated that the power of attorney must be signed at the Turkish embassy or consulate (Attorney at Law 31 Aug. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Without providing further details, the Lawyer and Criminal Law Professor noted that the plaintiff's "duly authorized representatives" can request the plaintiff's statement "by paying a visit in person to the registry of the prosecutor or the court, depending on the phase of the criminal adjudication" (Lawyer and Criminal Law Professor 4 Sept. 2018).
2. Format of the Statements of Plaintiffs/Victims
According to the Turkish embassy representative, plaintiffs' statements are composed of the following five parts:
- The title "Plaintiff's Statement," followed by information on where and when the statement was prepared;
- The "personal particulars of [the plaintiff]" ("İfadeyi Verenin Kimliği"), including the following information: identity card number, citizen’s number, name, surname, date of birth, details of the registrar’s office as stated on the plaintiff's ID card, residential address, profession, income, business address, telephone numbers, education, marital status and sex;
- A "standard text informing the person of his/her legal rights and the related laws";
- The plaintiff's signature;
- The signatures of the police officer, the "typist," the attorney - if applicable - and the "owner of the statement" (Turkey 29 Aug. 2018).
The attorney at law stated that the plaintiff’s statement is composed of the following: the name of the plaintiff, the date of the statement, the name of the public prosecutor or the judge, if applicable, and the statement of the plaintiff, as well as "signatures and [a] stamp" (Attorney at Law 31 Aug. 2018).
In response to a question on whether or not there is a standard format for plaintiffs' statements across Turkey, the Turkish embassy representative stated the following:
There is no standard form published as part of the regulation [that is published in] the official Gazette of 1 January 2005. ... Statement forms are prepared by police units working in coordination with public prosecutors ... [T]here can be variations in the forms as to where each line is placed, whereas, despite variations, post-2005 forms must include a reference to the rights of the owners of the statements. (Turkey 17 Sept. 2018)
In previous correspondence, the same source also stated that, in urgent situations, police reports, which are usually typed, may be handwritten (Turkey 29 Aug. 2018). The attorney at law stated that the format of statements of plaintiffs/victims "may change," depending on the public prosecutor or the police station (Attorney at Law 31 Aug. 2018). According to the Lawyer and Criminal Law Professor, statements of plaintiffs or victims appear, "by and large," very similar to one another (Lawyer and Criminal Law Professor 4 Sept). The same source stated that "judicial personnel who are tasked with typing statements tend to produce these reports in a copy-paste manner. They use a previously produced report as template and make necessary tweaks to it" (Lawyer and Criminal Law Professor 4 Sept. 2018).
Two templates for plaintiffs' statements, one sent to the Research Directorate by the attorney at law (Attachment 1) and another one sent to the Research Directorate by the Turkish embassy representative (Attachment 2), are attached to this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Note
[1] The attorney at law has also previously worked at the UNHCR's Ankara office where, among other responsibilities, he investigated the authenticity of documents submitted by asylum seekers.
References
Attorney at Law, Ankara. 31 August 2018. Telephone interview with the Research Directorate.
Lawyer and Criminal Law Professor. 4 September 2018. Correspondence with the Research Directorate.
Lawyer and Criminal Law Professor. 7 June 2018. Correspondence with the Research Directorate.
Lawyer in Ankara. 3 September 2018. Correspondence with the Research Directorate.
Lawyer in Ankara. 23 July 2018. Correspondence with the Research Directorate.
Turkey. 17 September 2018. Embassy in Ottawa. Correspondence from a representative to the Research Directorate.
Turkey. 30 August 2018. Embassy in Ottawa. Telephone interview with a representative.
Turkey. 29 August 2018. Embassy in Ottawa. Correspondence from a representative to the Research Directorate.
Turkey. N.d. Ministry of Justice, Department of Information Technologies, National Judiciary Informatics System (UYAP). "General Information." [Accessed 18 Sept. 2018]
Additional Sources Consulted
Oral sources: 10 lawyers who practise in Turkey.
Internet sites, including: ecoi.net; INTERPOL; Turkey – Istanbul police department; UN – Refworld; US – Department of State, Office for Victims of Crime.
Attachments
- Turkey. N.d. "Müşteki ifade tutanağı" (Plaintiff's Statement). Translated by the Translation Bureau, Public Services and Procurement Canada. Sent to the Research Directorate by the attorney at law, 11 June 2018.
- Turkey. N.d. "Şikayetçi ifade tutanağı" (Plaintiff's Statement). Translated by the Translation Bureau, Public Services and Procurement Canada. Sent to the Research Directorate by the Turkish embassy representative, 7 September 2018.