2010 ilerleme raporu - Avrupa Birliği Bakanlığı

With regard to the efficiency of the judiciary, the use of information technology in the judicial
system has accelerated judicial procedures and facilitated third party access to judicial
proceedings. The number of judicial staff continued to increase. On 20 September there were
a total of 11,394 judges and prosecutors (11,121 judges and prosecutors on 1 May 2009).
Progress has been made as regards juvenile justice (see the section on children's rights).
However, the overall number of vacancies for judges and prosecutors remains significant, i.e.
3,299 on 20 September 2010 (3,875 on 1 May 2009). The regional courts of appeal are not
operational yet. By law, they should have been in operation by June 2007.
The quality of the investigation in some high profile cases continued to raise concerns. No
progress can be reported as regards the need to improve the work of the police and the
gendarmerie but, also, the working relationship between the police and the gendarmerie, on
the one hand, and the judiciary, on the other.
There has been no progress on the introduction of a mediation system into civil justice.
Reconciliation, introduced into the criminal justice system in 2005, is not used effectively.
Provision of legal aid is inadequate in terms of either its coverage or the quality of services
provided. The implementation of pre-trial detention is not limited to circumstances where it is
strictly necessary in the public interest. This adds to the overcrowding in prisons, where more
than half of the inmates await trial. The probation system is not used to its full extent by
judges.
There are concerns as regards the functioning of the Forensic Medicine Institute. On a number
of cases the Institute gave conflicting reports on the same case at different times. The backlog
of the Institute leads to delays in judicial proceedings.
As regards the professionalism and competence of the judiciary, a Council of State judgement
of 2009 pointed out to the overlapping competences, as regards the provision of in-service
training, of the Training Department of the Ministry of Justice and of the Turkish Justice
Academy. Pre-service and in-service training fall both under the responsibility of the Justice
Academy.
The implementation of the 2009 judicial reform strategy has continued. Some of the major
pillars of the strategy were implemented through the constitutional amendments.
Some progress can be reported on anti-corruption (see also under political criteria – part I
of the report).
The Government adopted a 2010-2014 strategy for enhancing transparency and strengthening
the fight against corruption in February 2010. A ministerial committee 48 was established in
December 2009 together with an executive board composed of representatives of public
institutions, labour unions and of the Turkish Union of Chambers and Stock Exchanges
(TOBB) to form further anti-corruption strategies and to direct and monitor their
implementation. The Strategy aims at developing preventive and repressive measures against
corruption as well as improving public governance by introducing more transparency,
accountability and reliability into the public administration.
48
The ministerial committee consists of the Deputy Prime Minister and four ministers (Ministry of
Justice, Ministry of Interior, Ministry of Finance, Ministry of Labour and Social Security).
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