Judicial power is exercised by independent courts functioning on behalf of the Turkish nation.
Judges, who are independent in discharging their duties, rule on the basis of the provisions of the Constitution, the laws, jurisprudence and their personal convictions. No organ, office, authority or individual may attempt to intimidate, instruct or order, make suggestions or recommendations to or send notices to any judge concerning how they should exercise their powers in the courts.
The legislative and executive organs and the administration must comply with the rulings of the courts, and they may not change or delay the application of these rulings.
The most important factor that ensures the independence of the judiciary is the “Guarantee for Judges and Prosecutors” provided for in the Constitution. The Supreme Council of Judges and Prosecutors wields the sole authority to make decisions related to the careers of the judges and the public prosecutors of the administrative and criminal courts on matters such as admission into the profession, appointments, transfers to other posts, the delegation of temporary powers, promotions, the allocation of posts, and decisions regarding those who are pronounced unfit to continue in the profession and therefore liable to removal from office.
The judges, who are thus assured of their independence of action, also assume duties related to the monitoring and overseeing of elections, in addition to their duties in the judiciary tribunals.
The Constitution also stipulates that as a general rule court hearings are open to the public and that all rulings of the courts be accompanied by a statement of justification for the verdict, and that trials of minors take place as provided for by special clauses in the law.
The law permits the establishment of a Bar in provinces where there are at least fifteen lawyers. All bar associations in Turkey together form the Bars union of Turkey (Turkiye Barolar Birligi). The Union's office is in Ankara.
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