BLOG: NCBA Attorney Exchange In Turkey

Article Date: Wednesday, June 09, 2010

Delegation members shown on the steps of the ancient ruins of Ephesus.

PHOTO GALLERIES June 3 (Steven Sadler)  June 1 (Steven Sadler) May 31 (Paul Newby) May 31 (Steven Sadler) May 30 (Paul Newby) May 30 (Steven Sadler) May 29 (Steven Sadler)

The following blog provides updates from Turkey, where a delegation including 13 members of the North Carolina Bar Association arrived May 29 for a two-week visit hosted by the bar associations of Istanbul and Ankara. 

 

Tuesday, June 8
Day Two in Ankara
Kelly Daughtry
Visiting Parliament

The day began with a visit to the Grand National Assembly of Turkey (usually referred to solely as “the Parliament”). We were fortunate to meet with Ahmet  Iyimaya, the Deputy for Ankara, chairman of the Justice Committee of GNAT. Deputy Iyimaya is a self-educated man from the Caucuses with a personal library of 25,000 books. He has also served as the chairman of the Constitutional Committee. It was a particularly interesting time to meet with the Deputy given that the Parliament has produced a new draft or “amended” constitution. Turkey’s current constitution was prepared in 1982 in the aftermath of a military coup. The new constitution would make significant changes to the judiciary and the role of the military. The Ruling Party, the AK Party, supports the amended constitution which was approved by the Parliament. The next step would be a referendum which Deputy Iyimaya anticipates will be on September 12.

Deputy Iyimaya stated that it was not good to change a constitution in a democracy but if the constitution was made by bureaucrats and not by the will of the people then it was necessary to change it. He stated that the current constitution was drafted during an extraordinary time and he believed the majority of the population wanted to change it. He explained that it was a difficult, intense, time to hold his position due to the deadline for the constitutional amendments and the end of the process for amendments. He believes his experience, personality, knowledge of the people and “smiling face” will allow him to do his job well.

 

The main government opposition party has appealed to the Constitutional Court to block any constitutional referendum. Later in the day we actually were able to tour and visit the Constitutional Court.  Incredibly we were able to meet with Hasim Kilic, the President of the Constitutional Court that accepted that day the petition to review the case regarding the constitutional amendments.

 

President Kilic gave some examples of recent cases. During our trip, we had heard from Bar Association members that there was a need for an exam similar to our Bar Exam for Turkish lawyers. Currently the only requirement for the practice of law in Turkey is that individuals attend law school and spend one year as a “training lawyer.” If I understood correctly, the Constitutional Court just ruled that “new” lawyers must pass an exam similar to our Bar Exam. The president presented this decision to emphasize the separation of powers. The government did not want there to be a required “Bar Exam”; the Constitutional Court ruled that there would be one. 

 

The Constitutional Court is composed of 11 full and 4 substitute members. Although nomination of the judges is performed by different institutions, their election has been exclusively vested in the President of the Republic. One of the proposed changes in the constitution includes a change in the selection and nomination of these judges. This is a very contentious issue.

 

There are currently 2 female Constitutional judges; the former president was a woman.

During President Kilic’s presidency, the backlog of cases in the Constitutional Court has been greatly reduced. One important reason to reduce the backlog is so that individuals will use the Turkish Court rather than making application to the United Nation’s Human Rights Court to resolve their case. Even though the backlog has been markedly reduced, if the referendum does pass, it is likely that thousands of new files will come to the Court. One issue that is currently before the court is the anonymity of written decisions.

 

Currently an opinion indicates which judges were in favor of the opinion and which were not. Judges are uncomfortable with the public knowing the names of the Judges who agree and disagree with a decision and are working towards creating another system so that individual judges are not named.

 

Dr. Bahadir Kilinc, Judge Rapporteur also hosted us at the Court and answered our questions. There are 25 Judge Rapportuers who serve a role similar to our Clerk’s.

Not only were we able to speak with representatives of the Turkish government and judiciary but we were also able to visit the U.S. Embassy. The Ambassador had initially intended to meet with us but due to the extraordinary international events that occurred during the week we were visiting, he was unable. We were however able to meet with Richard Appleton, Department of State Consul General and Senior Commercial Officer Jim Fluker.

 

Both individuals were extremely candid and answered a myriad of questions. Unfortunately, even before events of the week, Turkish people had a very low opinion of the U.S. With the election of President Obama, polls showed that the Turkish people‘s view of the U.S. only went from a 9% positive view to a 13% positive view. Turkey is a true democracy; it is a polarized country but a democracy. On the other hand, a party is governed like a dictatorship.

 

Appleton explained that Turkey was in the process of reconciling its Muslim/Ottoman past with its European identity. Turkey sees itself as a link between Europe and the Middle East. Appleton suggested that the Turks have been surprised to see that the link goes both ways and secularists have been recoiling.  When questioned about the recent situation re the Gaza blockade, Appleton opined that the Ruling Party may not have anticipated that the far right would be able to take advantage of the situation like they had. The situation seemed to exacerbate the competition between the Ruling Party and the Islamic Far Right. According to Appleton, the ball is in play and we can make a mistake in how we handle things that will push Turkey toward the East. Turkey’s continued struggle to be accepted by the EU is a thorn in Turkey’s side. The Turks are a proud people and the failure of Turkey to make progress toward EU acceptance is frustrating and to them is insulting.

 

Appleton suggested that the U.S. Immigration law was thoroughly broken. The Turkish Embassy in Ankara does all the visa work for Iran and Iraq; all Consul services for Iran. People drive from Iran to Turkey to meet with the U.S. Embassy. Turkey is the largest receiving company for refugees – mainly Iranian, Iraqi and Afghans.

 

A discussion of Turkish visas was had. We also learned that of any European Country, Turkey has the highest number of undergraduate and graduate (primarily graduate) students in the United States.

 

The Embassy has strong support services for individuals and companies interested in doing business in Turkey. For example, upon request, they will intervene in situations where companies feel they are not getting treated fairly or where a business feels like it would benefit from U.S. support. The Embassy offers standardized services for small and medium companies. They offer due diligence services, Gold Key appointment scheduling services, and many other services.

 

Turkey is not pleased with the U.S. trade imbalance. Fluker stated that the Turks did not understand how we could order General Petreaus to do something but not order General Electric to do anything.

 

Both Fluker and Appleton felt that if the U.S. were to term the Ottoman era battle against the Armenians a genocide, the economic impact would be extreme. The U.S. would lose billions o f dollars in exports; Boeing contracts would be cancelled, military deals ended. While we were in Ankara the issue of Iranian sanctions was being discuss and Putin was in town. The Embassy was busy!

 

We finished the day with a trip to the Ataturk mausoleum and a wonderful dinner with the Ankara Bar. We watched the sun set over the water at the Ankara Bar Social Center; a wonderful end to a wonderful trip.

Monday, June 7
Day One in Ankara
Ron Tucceri and Mary Hulett

Overview: We visited with the Ankara Bar Association (ABA), our gracious host while we were in Ankara, observed two criminal trials in progress, toured a prison facility campus, ate lunch at the ABA, visited the Court of Cessation, Council of State, and then ate dinner with our hosts at their modern ABA center. Consistent with all of our visits, our various hosts demonstrated Turkish hospitality in its finest by offering us tea, coffee, water, soft drinks and cookies. The Turkish people surely pride themselves in their gracious hospitality.

Ankara Bar Association

At the sole first level court house in Ankara (Istanbul has several), we met primarily with the president of the ABA, Vedat Ahsen Cosar, vice president, M.E. Seckin Arikan, and member, Oguzhan Buhr. Mr. Cosar is a candidate for the presidency of the national bar, while Mr. Arikan hopes to be the next president of the ABA. Although the election is this coming Sunday, as with many of our Turkish hosts Mr. Cosar deviated from his busy schedule to discuss the ABA with us.

 

The ABA is the second largest bar association in Turkey with just less than 10,000 members. While it is mandatory for private attorneys, it is optional for governmental attorneys, but many join.

           

The number of attorneys in Turkey has vastly increased in the last 20 years. This is clearly explained by the mushrooming of law schools, from 2 (University of Istanbul and University of Ankara) to over 55. This has resulted in there being a very high number of young lawyers and the suppression of salaries.

 

With 530 members in the Turkish Parliament, we were told that normally more than half are attorneys, however, there are currently only 170.

 

The ABA has a disciplinary committee which is elected every 2 years.

Criminal Trials

We observed proceedings related to two trials. As we learned in Istanbul, the trials are conducted with a panel of 3 judges, no jury. Of the 3 judges, the lead judge asked all the questions of the accused, victim and each of their respective counsel’s. The prosecutor joined the judges on the bench, but did not speak. As the judges are primarily prepped for trial via written briefs, the proceedings were limited to the questions asked by the judges. The attorneys did not present their cases.

 

The first trial involved an accused who it is alleged has been issuing prescriptions, unhindered by the fact that he is not a pharmacist. The accused was standing in the center of the court room, unaccompanied by counsel, and without any victims present. The accused claimed his innocence, and this proceeding was concluded. No verdict was announced.

 

The second trial involved two accused who it is alleged used an old check belonging to the company owned by one of the accused brothers. The primary defendant was “iffy” (in the words of one of our ABA hosts) in his response as to whether he had been granted power of attorney by his brother’s company. The victim was present and represented by counsel. The check was used to purchase a car for $8,500 TL.

Prison Visit

In a day filled with meetings with impressive and high level authorities, the extensive and thorough tour we were lead on by the governor (akin to warden) of the prison is very memorable. The campus consists of 7 separate facilities, including those for women, juveniles, mid-level crimes and maximum security. The security was very tight entering the prison, as we expected. It is noteworthy that should we have been a visitor of an inmate we would have been subject to a retinal scan, which would then be used to verify our identity for later visits. Our ABA host for this tour was the very congenial attorney and ABA member Onur Tatar, who is a human rights lawyer.

 

First, let’s dispel any images related to the movie “Midnight Express.” While our hosts as well as the members of the ABA are all familiar with Midnight Express, they are all quick to note that it is a work of fiction. We also learned that apparently no actual Turkish actors were in the film.

 

The prison, which was built in 2002 has been in use since 2003. It has a total capacity of 375, with 27 of the prisoners also considered to be working at the prison. The staff includes 2 governors, 2 psychiatrists, 2 social workers, 3 trainers, 165 security personnel and 11 civil workers and has a total staff of 191.

 

The prison has a bifurcated management structure with the outer perimeter being run by the Ministry of Interior, and the interior by the Ministry of Justice.

 

The average sentence of the inmates in the portion of the facility we visited is 20 years.

 

Avoiding recidivism appears to be a central focus of the facility. Inmates are given the opportunity to train and work on projects in various workshops, including wood, ceramics, metal, computer, paint, mosaic, musical instrument (producing a traditional Turkish instrument known as a “Baja” which resembles a guitar). Our tour included each of the foregoing workshops, the library, canteen (inmates may select goods from a list) gymnasium, the medical facility and the inmate cells described below.

 

The inmates are either in single cells, each having a bathroom, TV (if purchased by inmate) and refrigerator (also if purchased), located in groups of three and opening onto a central open space (surrounded by walls topped by barbed wire) referred to as the “breathing area.” The second type of cell consists of duplexes with three inmates in each, also sharing a breathing area with 2 other cells. We observed some inmates stretching and doing calisthenics as we walked in the hallways overlooking the breathing areas. The cells we visited were very clean and orderly. Upon inquiry we learned that the inmates are responsible for cleaning their cells, which are also subject to inspection. Contrary to what one might expect the inmates were present when we visited their cells. They were in the breathing areas as was our delegation. The guards positioned themselves between us and the inmates, but none were otherwise restrained. In addition, other than nodding in greeting, none of the inmates commented or addressed our delegation.

Delegates gather with members of Court of Cassation.

Court of Cassation

We met with the president of the Court of Cassation, as well as several other judges. To start the meeting we were shown a very informative overview of the Republic of Turkey’s entire court system, illustrating the Court of Cassation’s role as the final arbiter of all criminal and civil cases except for those matters within the jurisdiction of another appellate court, such as the Constitutional Court. There are 250 member judges on the Court. Cases are assigned to Chambers which consist of five judges. Their decision is final unless the trial court refuses to follow it. In that case it comes back to the Court of Cessation and is heard by a different panel made up of judges from five different chambers. That decision is final and binding on the trial court.

 

The annual session of the Court is opened with a ceremony each year which includes high ranking government officials including the Prime Minister and President. The President of the Court gives a speech followed by a speech by the President of the Union of Bar Associations.      

 

They had over 668,000 filings in 2009 and were able to decide 449,000 matters. They are trying hard to establish a mid level appellate court.

Council of State

We met with two vice presidents of the Council of State. The Council of State is one of the few institutions in Turkey which predate the establishment of the modern Republic of Turkey in 1923. It was established in 1868 by the then current Sultan to establish better laws for the people of the Ottoman Empire. Parliament was later established in 1876. Ataturk shut down the Council for a period after the Republic’s establishment, but it was re-established in 1926. Under the 1961 constitution the Council’s role was expanded.

 

The Council has two primary functions, a judiciary function, the volume of which has greatly expanded, and an advisory function with respect to new laws, regulations and amendments thereto. Our hosts noted that the current government is not utilizing the Council in its advisory capacity to the extent that prior governments had done so. The judiciary function includes two areas, tax and administrative courts.

           

The independence of the Council is seen as being crucial given its role in the state since the cases that it hears involves citizens appealing decisions by the government, including tax cases. After a head of the Council was dismissed in the past for issuing a controversial order, the Council had been derided as the “Council of Approval.” Since then the court has been very conscious of the need to appear independent.

 

Administrative court judges are not required to have gone to law school. There are 95 judges in this court and they also operate in chambers. One chamber has 20,000 pending cases.

Back to the Ankara Bar

In the evening we were guests of the ABA at another of their buildings. We took a tour of their museum, their radio and TV stations, and the President’s beautiful modern office. Probably most impressive of all was the office of the person who is on duty 24 hours a day to contact attorneys to represent individuals as soon as they have been arrested. All police interrogations are to be witnessed by counsel.

 

The evening ended with a traditional Turkish dinner at the Bar’s restaurant on the top floor of their building. We enjoyed wonderful food with a spectacular view of Ankara.

Sunday, June 6

Becky French

Today was Sunday and it was mostly a travel day going from Istanbul to Ankara. Istanbul is such a cosmopolitan city with a population of 15 million people of all race religion and creeds. By contrast Ankara is a city of five million people set inland with rolling hills and buildings that have mostly been built in the last 30 to 40 years and have similar looks in height roofs and materials.

 

We took off in cloudy weather with delays and landed in sunny weather. Alas it was not to last. We had lunch in one of the oldest restaurants in the city. We sat down on the 4th floor with a view of the city only to be treated to a view of a beautiful thunderstorm that advanced on the city with streaks of lightning ... and two children playing on the roof of the building next door four stories up and scampering like squirrels over the roof.

 

We thought we had missed the rain and began our walk to a museum called Anadolu Medeniyetleri. The gardens and statuary were beautiful but just as we were admiring them the heavens opened up and we ran to the entrance to stay as dry as possible. Once inside we started a tour of displays of artifacts going back 200,000 years! This part of the world truly is the cradle of civilization. The arrowheads and bone fragments date back to our earliest ancestors.

 

As we were following our guide a terrible noise began on the roof. Hail! We all ran for the windows and doors to see the hail and wind. The locals seemed very surprised to see the hail. As we resumed our tour of the museum to the noise of heavy rain we traced artifacts from approximately 200,000 years to the rise of modern man. I was fascinated by how similar the early pottery looked to our own North and South American Indians. 

This lasted until around 2300 to 2200BC.

 

At that time civilization seemed to leap ahead. I was shocked to see a display from that time that detailed several legal transactions recorded on tablets between people: merchants, farmers and couples about to be married or divorced! There was even a will I have tried to include pictures of the tablets as well as the explanations of them. The merchants had drafted a contract for a loan with the payments being due in 10 weeks time. If not paid back before that time then interest would begin accruing. Another was for a divorce of a married couple with a payment going to the wife in the event of the husband leaving her. I could only wonder if the drafter of the agreements had attended a forerunner of UCC or family law classes.

 

The rain continued as we made our way to the hotel for an early evening check in. The rest of the group was attending a dinner with our hosts of tomorrow and I stayed behind to figure out the blog situation at our new hotel. As this has been pecked out on an iTouch with one finger I marvel at our younger members of the bar who daily type out text messages and emails with no seeming difficulties while my poor hand is hurting from typing the blog with my index finger!

 

We are looking forward to a fast-paced two days in Ankara before heading back home

 

Signing off from Ankara.

 

Saturday, June 5

Day Trip to Ephesus

Richard Gabriel

We awake early for our flight to Izmir, and travel by bus to the ancient ruins at Ephesus. The morning is cool, and for once the streets are not jammed with traffic.

 

Located in a lush farming district, well tended fields meet us as we descend to the airport. The sky is slightly overcast, giving us the benefit of shade from the hot sun. A cool breeze adds to the anticipation of the visit to the ruins; our guide tells us that he could not have ordered better weather for the day. Although Izmir is the third largest city in Turkey, with a population of approximately eight million, today we turn from the densely populated urban areas and head towards the countryside.

 

A pleasant ride through the countryside shows us a different aspect of Turkey. The bustle and hustle of Istanbul gives way to rural settings:  fields with hay being mowed for feed; lush groves of citrus fruits, including peaches and apricots; farmers on tractors; field hands picking crops; low mountains with groves of trees and scattered natural plants reminiscent of the pine that once covered much of the landscape. Valued for its rich volcanic soils, one can easily imagine the reasons for so many battles to control the region by ancient peoples.

 

We enter the ruins from a gate that is not frequented by the large crowds of tourists usually found at this location. With no large cruise ships and tour groups adding to the crowds today, and with local schools not yet finished for the semester, we have a light crowd competing for space. Our guide offers engaging tales of the history of this region; how it was settled early by peoples seeking refuge from conquering tribes from the East.  Although the nearest river waters are now about five miles away, Ephesus was once a port city with thirty five thousand inhabitants, and a total surrounding population, at the heights of its glory, of over two hundred thousand persons.

 

We enter at the end of a long street framed by columns of stone and paved with slabs of marble still bearing the “trademarks” of the cutters and masons who toiled in this region. The last of the brightly colored poppies in reds, blue flowering plants and small white flowers greet  us with a splash of color and a welcoming appearance.

 

The ancient ruins of Ephesus

Ephesus was once the location of a “modern” medical complex. Engraved on stone are remedies and treatments for various ailments, and it was a place where many were treated for wounds of battle, including orthopedic injuries. Our guide notes that gladiators fought at a nearby amphitheater thus giving a good supply of patients for the physicians. We sit in ancient seats carved of marble where the leaders and thinkers of the time gathered to the issues of the day. Merchants would gather nearby to ply their trades, eventually giving rise to a long row of shops lining both sides of the street. Magnificent residences were located here, and even thousands of years later one can see their remains. Down a long street paved in marble is located the remains of tall columns of stone, the Roman bath houses, and a magnificent amphitheater that at one time could seat many thousands of people. It is in use even today, with entertainers including Sting performing in concert with permission of the government.

 

Many believe that Paul of Christian history was here seeking to spread his beliefs after the death of Jesus. We see the tower of the Harbor Master where it is said that Paul was taken to protect him from angry mobs. Actually walking, sitting and talking where important figures of history once walked and talked among themselves is an unforgettable experience.

 

We leave the ruins and head to the local town, a pleasant area where we enjoy a late lunch at a local restaurant. We visit a leather goods manufacturing shop, with many beautiful articles and a good crowd shopping for coats, jackets, wallets, bags, belts and clothing. The local shops offer a good selection of souvenirs to temp the wallet.

 

Pleasantly tired, we board our bus for the trip to the airport, and return on an early evening flight to our hotel in Istanbul. The serene comfort of the countryside gives way once again to the dense urban setting of a city of fifteen million people. Tired but excited with the experiences of the day, we find various restaurants and places in the side streets of Istanbul, in small groups, each enjoying discussions about the contrasts of the city and the countryside, the contrasts of the old and the new, and many memories taken from the day.

 

Friday, June 4
Chamber of Commerce
Paul Newby
After another “simple” breakfast, our day began at the Istanbul Chamber of Commerce. Our presenter, Nevzat Eren, was an economist with a great sense of humor. (Many of us are challenged to be humorous in our native tongue, more or less in a second one.)  He earned his PhD in economics from the University of Minnesota. He began by explaining his presentation was our “morning torture,” as well as his own, since he was not “a morning person.” Before giving us many statistics, he warned us that “when I say almost, you understand that is [an] exaggeration.” He painted an insightful picture of the Turkish economy.

Generally, except for the worldwide problem of 2009, the Turkish economy has experienced significant growth. Turkey, a country of 74 million people, has the 16th largest economy. (It is 6th largest of European countries.)  Its current deficit is 45% of GDP, compared to the EU standard of 60%. Inflation is checked, and the per capita income is around $8,500. In addition to encouraging free markets, the government has promoted a significant privatization program, generating over $30 billion in public revenue. Surprisingly, the U.S. comprises less than 20% of Turkish trade, with the US having a positive balance of about $4 billion. Currently, like the rest of the world, Turkish unemployment is a major issue, with the reported figure of 14%, and the unofficial view being much higher.

Delegates pose with U.S. Rep. Virginia Foxx, left.

The Istanbul Chamber of Commerce currently has 300,000 members. (Membership is compulsory for all companies.) Given its size, it was not surprising to learn that its membership represents 1/3 of all Turkish companies, 22% of the GDP, 55% of the foreign trade and 43% of all tax revenues. The chamber has an elected assembly, an executive board and 456 full time employees. It was a founding partner of the Istanbul World Trade Center and has generated enough income to donate 11 public schools and numerous scholarships. It has significant influence in the parliament.

From the Chamber, we traveled to a local civil courthouse. We visited the rooms administered by the local bar where robes, books, and other support were available. Three lawyers were designated as the primary contact for other lawyers with any issues regarding the court house. We met a civil clerk and her staff and learned about their move toward e-filing. Under their system, the files are only open to the parties or their attorneys, not the public. We met with a judge of the first degree court, a trial court, Vesile Yelkerci, who was a law school classmate of our host. She had been a judge for 25 years. She described their system and process. A significant number of litigants appear pro se.

We hosted a lunch for all our Istanbul benefactors at Bahcesehir University, on a deck overlooking the Bosphorus. While there, the chairman of the board of trustees of the university, Enver Yucel, invited our group to attend a reception and dinner that night sponsored by their American Studies Center. We crossed to the Asian side and toured another law school, Marmara University, where the attorney for the Maritime Ministry, Pinar Akan, served on the faculty. Establish in 1895 as a medical school, the law faculty was added later. It is one of 15 public law universities.

Upon our return to Europe, some of our group went to watch the Whirling Dervishes. Being appropriately inspired, I’m informed by several reliable, confidential sources that afterward, at a dinner club, Dick Heidgerd did his own “whirling,” creating a new dance sensation, the “Turkey Trot,” joined in by the locals. I’m told that no international incident occurred.

Our fearless leader, Debbie Hildebran, Linda Daniels and I returned to Bahcesehir University for the reception and dinner. One of the honored guests and speakers was U.S. Rep. Virginia Foxx (R-N.C.) She was delighted to see some fellow North Carolinians. Congresswoman Foxx has a natural interest in American-Turkish affairs as her son-in-law is Turkish. In addition to university officials, we met the editor of the Daily News, the president of the Turkish Coalition of America, and the owner/master chef of the best baklava in Turkey.

 

Thursday, June 3

Susan R. Montaquila

This morning our NCBA Delegation visited the Faculty of Law of Bahcesehir University in Istanbul. Bahcesehir is a relatively young private university but already has acquired a high reputation in Istanbul’s academic and legal communities. We were hosted by Professor Dr. Feridun Yenisey of the Faculty of Law, a criminal law expert and also a visiting professor at the Universities of Kansas and Minnesota.

 

Professor Yenisey worked for 15 years on a Turkish legislative committee to reform the criminal procedure code of Turkey which was accomplished in 2005. Professor Yenisey explained that prior to 1924 the law of Turkey was composed of (1) Sharia (Islamic religious law) and (2) secular law derived from France. In 1924 Ataturk (the George Washington of Turkey) abolished the use of Sharia in Turkey.

 

Paul Newby, right, and Dr. Feridun Yenisey.

The goal of the 2005 introduction of the new criminal procedure code was to bring more democracy into the Turkish code. The amended and reformed code incorporated principles from U.S. Supreme Court decisions and the European Court of Human Rights.

 

One of the important reforms of 2005 is a requirement that a defendant be arraigned within 24 hours of his arrest. Also a pretrial detention can last for six months before trial with an overall limitation of two years in custody in a pre-trial situation. There was no cap on pretrial detention and custody prior to 2005.

 

Professor Yenisey commented on Turkey’s former reputation for use of torture and said this no longer exists, primarily because under the new code a defendant has the right to have a lawyer present during interrogation and this prevents use of torture.

 

The professor sees as a continuing problem that there is no public defender system in Turkey and the Turkish Bar Association is currently opposed to the implementation of a P.D. system. This is due to the Bar Association’s control of payment of fees to appointed lawyers for criminal defendants.

 

Another reform the professor believes is needed immediately is that the public prosecutor currently sits on the bench beside of the judges in a criminal trial and not beside of the defendant. Our delegation noted this odd, if not disturbing, juxtaposition earlier this week as we visited a court. The professor indicated that many Turkish lawyers are now protesting this practice. The accused in Turkey does not have to take an oath to testify. The philosophy is that there is “a right of the accused to lie.” The standard of proof for a judge (no jury system) to convict a defendant is to be “one hundred per cent sure” the defendant committed the crime. DNA evidence has only been recognized by the courts since the 2005 reform.

 

Our delegation experienced a remarkable afternoon as we were hosted at the Port Authorities by Mr. Salih Orakci, the Director General of Coastal Safety. We met in his conference room located in the heart of the commercial shipping area of the Bosporus. Next to the panel of windows, twelve stories of cruise ship loomed over us. The Director General described how the agency is responsible for providing “pilot captains” or tug boats to escort the ships through the Bosporus strait (although ships can decline). The agency is responsible for all safety on the Turkish waters.

 

Dick Heidgerd is awarded “best question posed by delegate for trip,” because his query about an old lighthouse sitting in the middle of the Bosporus prompted the Director General to ask, “Would you like to see it?” And before we could blink, the man in charge had ordered up a search and rescue cutter and we found ourselves speeding out into the Bosphorus for (let us say an exhilarating ) cruise of the shipping lanes. The NCBA delegation was treated as honored guests to put it mildly.

 

We completed our business day by moving to another beautiful terrace overlooking the Bosphorus and meeting with the Harbor Master of Istanbul.

 

Wednesday, June 2, 2010
Dick and Linda Heidgerd

On our fifth day in Turkey, our focus shifted from law and business to culture and history of Old Istanbul. The day’s agenda included: the Topkapi Palace, the Hippodrome, the Hagia Sofia, the Egyptian Spice Market, and the Blue Mosque.

Our first stop was a visit to the Topkapi Palace Museum. Mehmet, the conqueror, built this palace in 1453, and it was the home of many sultans for four centuries. The palace buildings and its artifacts gave us a feel for royal life at the palace as well as a feel for the wealth of the Ottoman Empire. Royal jewels, ornate weapons, and gold gilded furniture were breathtaking. Samples of other artifacts, holy relics, were quite amazing and included things like Moses’ staff, and John’s arm and skull. I am not making this up!

Leaving the palace grounds, we walked to the Hippodrome, the ancient chariot race track and center of Byzantine life. The Hippodrome, now a lovely park, includes several ancient obelisks. Most interesting was the Obelisk of Theodosius, made of granite with hieroglyphs carved in Egypt around 1500 BC. Next stop beautiful Hagia Sofia, the church of divine wisdom. Emperor Justinian built this church in 537. The dome is massive and appears suspended, but even so, it has survived several earthquakes, and remains the oldest standing cathedral in the world. The eye popping feature of the church is the gold tile mosaics. One ironic fact in the history of this church: the Christian crusaders damaged the church by ripping off gold tiles from the perimeter while a Muslim architect covered and protected the remaining gold mosaics. Today, those mosaics are nearly perfectly preserved.

After the Hagia Sofia, we grabbed a quick lunch of delicious Turkish food, allowing time for a short stop at the Egyptian Spice Bazaar. The bazaar was a cross between a flea market and scenes from the Discovery Channel with street merchants yelling to customers about their wares and food.  I saw some hogs’ feet being sold.  I wonder how they taste.

We finished up our day at the famous Blue Mosque. Built in the early 1600s, the Blue Mosque was intended to out-do the Hagia Sofia. In contrast to the Hagia Sofia, the Dome of the Blue Mosque is supported by heavy pillars, and instead of gold mosaics, the mosque is decorated with blue Iznik tiles. Those tiles are intensely blue and sadly the art of making them has been lost over time. Despite ongoing attempts, contemporary efforts to reproduce those tiles exactly have not been successful.

Later that night, we witnessed a demonstration over the Gaza relief boat incident, which took place in Taxsim Square, not 50 yards from our hotel. It was peaceful, although enthusiastic. Interesting display of democracy.

We have found the Turkish people here quite friendly, extremely intelligent, and most ready to interact with us to show us their ancient city in addition to their economic and legal system. We have seen many international visitors, Europeans, Asian, Middle Eastern, and some from the U.S. I guess this makes sense as we are where east meets west.

Tomorrow will be another day.

 

Tuesday, June 1

Second Business Day: Istanbul Bar Association, CHP,
World Trade Center and visit with local lawyer

Steven Sadler

Our second full day of business was filled with facts and statistics as well as the hospitality and professional courtesy that we are finding so common in Turkey. Each meeting includes the drinking of traditional tea and the offer of other refreshments. Most meeting areas and official offices are also sure to include a photograph or sculpture of Mustafa Kemal, known as “Ataturk”, the father of the Turkish Republic of 1923. Expect to see him in lots of our delegation pictures.

 

Bill Harazin, left, and Deborah Hildebran-Bachofen present banner  to Dr. Selcuk Demirbulak.

The day started with a visit to the Istanbul Bar Association. We met Professor Dr. Dr. Selcuk Demirbulak, who is vice president of the Istanbul Bar Association. He was also instrumental in the planning and organizing of our visit to Istanbul, acting as an early contact with the legal community.  Today he offered some key information about the bar association and how one becomes a lawyer in Turkey.

 

The Istanbul Bar Association was officially formed in 1878. It has seen many changes through the years including the formation of the Republic of Turkey in 1923 and the coup of 1982, the latter leading to the closing of all political parties and the temporary suspension of the operation of the bar association. The bar championed the restoration of legal independence for individuals and lawyers, which led to the modification of the Law on Attorneyship in 2001. The current operations of the bar are completely self-supported, receiving no funding from the national government, as Prof. Demirbulak explains, “to preserve their liberty.”

 

There are 78 bar associations in Turkey, 60 law schools comprised of 23,500 students per year, and 4,500 new are lawyers certified annually. The Istanbul Bar Association alone has 28,000 members. In Turkey, a law degree is not a graduate degree but rather a four-year program that can start directly after secondary school.

 

The student selects whether to train as a lawyer or to train as a judge or prosecutor. Their choice results in a different type of final exams but no bar exam is given for certification. Instead, a series of observations and training is required. For lawyers it includes six months of court observation, six months of paid internship with a law firm, and two months of formal training with the Bar Association.

 

For judges and prosecutors the training program last two years. The Bar Association offers additional training, but continuing legal education is not required to maintain a law license. The Ministry of Justice issues the license itself. Complaints or errors by attorneys are investigated by the bar association and may be referred to the Ministry of Justice for serious offenses.

 

To qualify for the Supreme Court or the Court of Cassation (their Supreme Court of Appeals), 25 years of experience as a judge or prosecutor is required. Since the 1923 proclamation, Turkey has followed a Germanic system of Roman law.

 

Sharia Law, the Islamic Legal Code, is not part of the Turkish judicial system despite a nearly 99% Muslim population. Initially the criminal law was based on Italian law, the commercial law was based on German law, the procedural law was based on French and Swiss law, and the civil code was based on Swiss law.

 

The very high number of civil and criminal trials, 21 million cases per year tried and two million on appeal, has resulted in a typical case taking three years to complete and an additional three years if appealed. If the appeal is won, yet another three years can be expected. Even in the area of family law, which has a special court with the ability to order temporary support, it typically takes two to three years to complete a divorce or other contested action.

 

A modernization effort is under way to computerize more of the forms and administrative aspects of the court. Young lawyers are most receptive to this trend while “older” lawyers need more training. Within the Istanbul Bar 50% are younger than 28 years old. Of the 28,000 members 12,000 are female.

 

Professor Demirbulak provided us with a tour of the Istanbul Bar Association’s museum and training area which are located downstairs from a fashionable café and book store rented out by the bar. Then it was back on the bus headed to the City Municipal Building.

 

We met with three high-ranking members of the CHP party, including Bulent Soylan, who is also a member of the Istanbul Parliament. The CHP (left-center Republican People’s Party) is the main opposition party to the ruling AK party (the conservative Justice and Development Party).

 

The parties exist on the local and national level. Istanbul’s own local parliament has 300 members plus the mayor. The local governor is the head of the regional military. The municipal parliament and the mayor handle most of the duties we expect from a state governor as well as the normal municipal administration of a city with over 15 million inhabitants.

 

Parties that get 10% of the popular vote may have an office in the city municipal building. Funds from the national and local government are given to the parties in proportion to the votes they received in the last election. Parties are also funded from party member dues and private and corporate contributions. Foreign funds may not be contributed to political campaigns.

 

All three leaders we met are volunteers to the party. They are architects, civil engineers, and CPAs by profession. The CHP very recently selected a new leader of the national party. They say this has brought a new unity to the party. Public opinion polls indicate that the AKP may be loosing some of the 36% support they received in the last election. This makes the CHP hopeful for their chances in the 2011 national elections.

 

The CHP representatives answered various questions ranging from the administrative operations of the municipal government and party structure to their positions on the Iranian nuclear waste refinement compromise and the current repercussions of the Israeli military action on a Turkish flagged vessel carrying relief items to Gaza. Like most of the lawyers, professors, and politicians we have met so far, they emphasized the geographical and political importance of Turkey. Turkish people from all walks of life seem quite proud of their democratic political system and their secular form of government.

 

As to the administration of the municipality of Istanbul, many in our delegation were surprised to learn that a significant portion of the municipality’s budget comes from a profitable transportation system. Istanbul government enterprises, including transportation, gas, water, and licensing, bring in the equivalent of $10 billion per year.

 

Next we visited the Istanbul World Trade Center. Of the 300 world trade centers, Istanbul is the largest. The property itself includes a 4 star and a 5 star hotel, various exhibitions spaces, one of the premier shopping malls of Istanbul, office space, and an enterprise free trade zone together totaling over 500,000 square meters in size.

 

We met with Haluk Kanca, general director of the Istanbul World Trade Center. Also present at the meeting was attorney Ramazon Ariturk. He provides legal counsel for the Istanbul World Trade Center. We later toured Mr. Ariturk’s law firm, which is located in one of the WTC’s 17 story buildings. In its 10-year existence the firm has grown to four locations and 100 attorneys, working in areas including collections (for large banks), debt counseling for debtors (who are not clients of those same banks), corporate law and commercial real estate.

 

As the WTC’s primary business is leasing its developed property, there were many questions about real estate law. Turkish landlord/tenant law does not allow for “self-help” when tenants fail to pay rent, but court action to evict typically takes one to two years. Despite this, the WTC only requires a one-month deposit and a letter of credit sufficient to support two months of a lease.

 

A 2008 law requires corporations within the free trade zone to pay 20% corporate tax and Turkey collects an 18% value added tax (VAT). VAT specific to electronics can exceed 23%. Turkey is a member of the European Customs Union, thus removing tariffs on most trade with European Union countries.

 

Mr. Kanca described Turkey as an emerging market. Turkey offers investment opportunities for those seeking holdings in Turkey as well as acting as a conduit for business within the Middle East without the associated risks. Turkey also reports an annual economic growth rate of 8%.

 

With our heads full of new facts our delegation still had room left to learn a little bit about Turkish carpets at the Grand Bazaar and most of us had just enough energy left to enjoy a sampling of local seafood just a few blocks from the Bosphorus Strait. We reached the hotel just before the last evening call to prayer could be heard throughout Istanbul.

Monday, May 31, First Day
Cecilia Johnson
Our first day of forcing our minds (or perhaps more accurately, being forced) out of jet-lagged and tourist mode, and into some semblance of our usual razor sharp legal personas, began splendidly at the University of Istanbul. A beautiful campus, full of old Gothic style buildings with an oriental twist, green lawns with blooming red roses and ridiculously young Turkish students rushing around in various states of utter panic due to final exams being given that very day.

Our first host, Professor Doctor Semih Gemolmoz, a professor of Turkish Law and a human rights lawyer as well, shared with us his extensive knowledge of current proposals being discussed in the Constitutional Court. At the heart of matter, the ruling party wants to amend the current constitution, put into place in 1982 immediately after a coup d’état, which reaffirmed from prior constitutions the very strict requirement that Turkish government be completely secular and free from any religious influences.

The ruling party purports to only be conforming with EU wishes, in that Turkey should become a true democracy, which would allow a majority vote to theoretically result in an Islamic based government. the opposition party, being fearful that if the constitutional requirement of a secular government is removed, believes that the ruling party would then throw off their more moderate visage and return to their prior fundamentalist Islamic doctrine.

In between the opposition party and the ruling party are 75 million Turks, who, according to most "men on the street," would never vote in favor of an Islamic majority government anyway. The professor mixed a dry yet diplomatic sense of humor with his candid legal and political opinions; at one point after discovering that the man in the audience who kept asking question after question, was Justice Paul Newby, an associate justice on the N.C. Supreme Court, he called Paul "dangerous," to which all the lawyers in the room heartily agreed.

After further discussion, Professor Gemolmoz led us on a short tour of the campus around the law school, including the law library, and a view of the Suyleyman Mosque. He seemed oblivious to the fact that he was running late to administer the final exams to his students; perhaps he was secretly enjoying the knowledge that the students would be sweating and squirming by the time he arrived to administer the exam.

Our next meeting was with a woman who could not possibly have been older than 27 years, who was a professor of constitutional law. Having completed her law degree (in Turkey, a law degree is four years, with no prior university degree required), she also had a master's degree from Georgetown, and was headed to Harvard to start her second master's degree. She spoke to us during lunch at the law school cafeteria, which unfortunately had institutionalized school cafeteria food (what a waste to miss out on even one opportunity for a delightful Turkish meal).

We then headed over to one of the multiple Istanbul courthouses (there is construction going on to consolidate the multiple courthouses to result in one main courthouse on the Asian side of Istanbul, and one on the European side of Istanbul), and met a Turkish government prosecutor. In talking with him, we learned that Turkey follows a European system regarding criminal cases; the prosecutor is actually a fact finder, responsible for investigating the crime and presenting both inculpatory and exculpatory evidence about the crime. The defendant is entitled to a defense attorney if unable to afford his own.

Finally, there is no jury system, only judges. After meeting with the prosecutor, he showed us a small courtroom dedicated to white collar banking crimes and introduced us to the two judges that were on the bench at that time. After a question and answer session about Turkish criminal trials (and after Kelly Daughtry and Debbie Hildebran-Bachofen tried on the long black robes with a flared blood red collar which Turkish lawyers wear in Court and which earned them the nickname of Vampire Chicks), we then moved on to our host law firm, Birsel Hukuk Burosu, and were treated to the usual amazing Turkish hospitality.

BHB has branches in Izmir and Ankara, with about 40 total lawyers, and specializes in general banking issues, debt structuring, international contracts, tax law, and other various business related legal areas. What was truly stunning was the average age of the attorneys and interns- the interns were in their early 20s, but were handling complicated merger issues and handling opinions on Turkish law as it related to international issues; there were several attorneys that were in their late 20s or early 30s who were handling even more complicated international finance issues.

Throughout the day, these young law students, law professors, interns, and lawyers were completely poised and comfortable discussing complex international issues in both English and Turkish. For all their hard work and efforts, however, the legal arena in Turkey is apparently suffering from oversaturation similar to the US, and finding a job after their four years of school and one year of required internship with a firm is apparently quite difficult.

The young intern at BHB who was in charge of translating for her boss, and answering our questions, mentioned in passing to a couple of us that she earns $1,000 per month and that does not pay all her expenses. Remember, Istanbul is priced similarly to other big European cities. After Justice Paul Newby was physically restrained from asking any more questions, we moved on to our hotel in complete exhaustion. The author retreated to her room to prepare this contribution; therefore the fates and of the other delegates as a result of any evening activities are at this time unknown.

Sunday, May 30, Acclimation Day
Linda Markus Daniels
Today was a day to become acclimatized, to adjust to Istanbul customs, geography and food.  

The braver half of the delegation left early in the morning for Cemberlitas Hamani, a Turkish bath built in 1584. It was commissioned by the wife of Sultan Selim II and is one of the most important existing works of 11th century Ottoman architecture, having been constructed according to plans of the famous Turkish architect, Mimar Sinan. While modernized in some respects, it still sports much of the original architecture and features. A large heated marble platform is in the center of the washing area, which has an amazing ceiling of circles and stars which open to daylight.

After returning from the baths all clean and energized, the adventurous delegates were joined by those we who were jet-lagged or less brave for a first look at the city. One of the more fascinating tidbits relates to tulips, which is a derivation of a Turkish word for turban. Tulips were actually cultivated first by the Ottoman Empire. During the early 1700s tulips became an important part of life and are reflected in the arts of that time, including carpets, tiles and glass. The tulips were brought to Holland by Turks in the 1600s, and the two countries hold joint festivals each year for the opening of the tulip season. Still today, however, the rare black tulips are cultivated only in Turkey.

Our guided tour bus wound its way into the old part of Istanbul, down to the Bosphorus River, which divides the European side of Istanbul from the Asian side. From there we cruised down the river to get a better understating of how the city had developed along the river, learning about palaces, mosques, fortresses and architectural structures.

After the cruise we traveled to the Beylerbeyi Palace, which we had seen from the water and which is on the Asian side of the river. This is a smaller palace, built in the 1860s as a summer residence for Sultan Abdulaziz as a place to entertain visiting heads of state. There is a large meeting hall with a fountain which was used so that conversations could not be overhead by others who might have been in other parts of the room. The palace is has a large number of huge chandeliers, many of which are French Baccarat and several of which have tulip shaped glass in various colors.

Also of interest were the carefully woven straw mats on all the floors, which were maintained under the carpets to control humidity. The palace has small but lovely gardens, and while resting there we heard our first call to worship from a minaret. We had all wondered why we didn’t hear these calls, which are made five times a day, and it was explained that the city noise is so loud that it is usually very difficult to hear unless you have an accustomed ear – it was only the solitude of the gardens that allowed us to hear it.

 

Our next stop was in Kadikoy, a typical middle-class residential area not normally visited by tourists. There we were able to see many shops which had been in the same family for several generations, including the Haci Bekir confectionery, which was established in 1777. It is probably the most famous maker of Turkish delight candy; Agatha Christie had Hercule Periot eating Haci Bekir candies in her novels. There were street vendors with traditional foods such as mussel sandwiches, produce and fish stalls and small shops that carried what one would need for every day life.

By the way, Kadicoy means crocodile town, as hundreds of years ago there were small crocodile-like animals resident there. More important, however, is the melding of the ethnicities as within about one block you will find the oldest mosque in Istanbul, built in 1453, a large Eastern Orthodox church, and one of the oldest Jewish synagogues.

 

Finally, we traveled a short distance to Develi’de, a non-tourist, family-owned restaurant established in 1912. There it had been arranged for us that we would sample many different Ottoman foods (it was explained that foods here are really Ottoman and not Turkish). We started with an assortment of five or six cold dishes, with spiced meat paste, yoghurts, chopped and mashed vegetables, cheeses and or course pita.

We then moved on to small hot dishes, including a bulgur wrapped meatballs, hot humus with pine nuts and a different kind of pita. After that were the main dishes. We tried a little minced lamb with mint, slow-cooked lamb, pureed eggplant, minced meat, grilled vegetables and barley. Finally there were fruits of various sorts for dessert, including sour plums and quince with clotted cream. All in all, we had a great sampling of what we could look forward to in future days.

 

Saturday, May 29

Arrival

Debbie Hildebran-Bachofen

Merhabalar!

To begin with, the computers to write this blog are different! What a challenge to start with. To give you an example, the @ symbol after trial and error and hunting and pecking is alt gr Q, which apparently everyone in the world knows except me. There are also 2 different kinds of i´s- one this way- ¹ -without the dot and one with the dot - i - like the one to which we are accustomed.

The core group connected up together at JFK in New York. The flight to Istanbul while relatively long was uneventful. Someone from the tour company met us at the Atatürk Airport and carried us to our hotel, The Central Palace. The hotel is very nice and it is not your typical U.S. chain hotel. Our intellectual, affable guide, Alp, met us at the hotel. He gave us a quick overview of our program.

After checking in, about half of us decided to check out the Spice Market. One of our group, Cecelia Johnson, had already been here for a few weeks and she knew the ropes about how to use the local transportation. We wanted to start learning about the sights, smells and flavors of the city.

We enjoyed our visit and ate local food and started making our way back. I got separated from the group so in my first day here I had to find my way back to the hotel using the local transportation. It was quite interesting! Later, we went to dinner that night with a group of attorneys. We knew these attorneys from the International Law Section’s immediate past chair, Scott Hile. Unfortunately, Burça was in Paris, but two of the other attorneys in her office were able to eat with us. The view of the Bosphorus was breathtaking. Can´t wait until tomorrow’s activities.