All Hearings in Turkey are Postponed
All Hearings in Turkey are Postponed
Within the scope of the combat against the Coronavirus pandemic (COVID-19), the law regarding suspension of time periods and processes in substantive law, procedural law and execution law until 30 April 2020 was published in the Official Gazette dated 26 March 2020. The law authorised the Council of Judges and Prosecutors (the “CJP”) to adopt all necessary measures during the suspension of time periods, including postponement of hearings in first instance judicial and administrative courts, as well as regional courts of appeal and regional administrative courts.
Although the CJP had not rendered a decision on postponement until yesterday, in practice the courts postponed hearings due to the suspension of time periods. At the CJP’s meeting yesterday morning, the courts’ practice gained legal ground as the CJP decided that hearings are postponed within the scope of the measures against the pandemic risk. According to CJP’s decision:
- Hearings, negotiations and on-site examinations in the first instance judicial and administrative courts, courts of appeal and regional administrative courts are postponed until 30 April 2020 (inclusive), excluding those that entail (i) urgent matters, (ii) investigation and prosecution files with a nearly expired statute of limitations, (iii) suspension of execution, (iv) examination of arrest and (v) other matters that are considered urgent.
- Hearings and on-site examinations are postponed and the parties will be informed of the respective hearing and on-site examination dates.
- In cases where examination of arrest is mandatory under the Criminal Procedure Law, hearings will be held through the audio and video information system (SEGBIS).
- Filing of public criminal lawsuits is postponed until 30 April 2020, other than relating to those under arrest and urgent matters.
- During the postponement, preliminary injunctions and objections to those injunctions will be evaluated in compliance with the precautionary measures adopted against the pandemic.
The CJP stated that during the postponement, judicial services will not entirely cease and that criminal complaints will be handled. The measures to be taken after 30 April 2020 will be evaluated and announced again according to the developing conditions.
Within the scope of the combat against the Coronavirus pandemic (COVID-19), the law regarding suspension of time periods and processes in substantive law, procedural law and execution law until 30 April 2020 was published in the Official Gazette dated 26 March 2020. The law authorised the Council of Judges and Prosecutors (the “CJP”) to adopt all necessary measures during the suspension of time periods, including postponement of hearings in first instance judicial and administrative courts, as well as regional courts of appeal and regional administrative courts.
Although the CJP had not rendered a decision on postponement until yesterday, in practice the courts postponed hearings due to the suspension of time periods. At the CJP’s meeting yesterday morning, the courts’ practice gained legal ground as the CJP decided that hearings are postponed within the scope of the measures against the pandemic risk. According to CJP’s decision:
- Hearings, negotiations and on-site examinations in the first instance judicial and administrative courts, courts of appeal and regional administrative courts are postponed until 30 April 2020 (inclusive), excluding those that entail (i) urgent matters, (ii) investigation and prosecution files with a nearly expired statute of limitations, (iii) suspension of execution, (iv) examination of arrest and (v) other matters that are considered urgent.
- Hearings and on-site examinations are postponed and the parties will be informed of the respective hearing and on-site examination dates.
- In cases where examination of arrest is mandatory under the Criminal Procedure Law, hearings will be held through the audio and video information system (SEGBIS).
- Filing of public criminal lawsuits is postponed until 30 April 2020, other than relating to those under arrest and urgent matters.
- During the postponement, preliminary injunctions and objections to those injunctions will be evaluated in compliance with the precautionary measures adopted against the pandemic.
The CJP stated that during the postponement, judicial services will not entirely cease and that criminal complaints will be handled. The measures to be taken after 30 April 2020 will be evaluated and announced again according to the developing conditions.
