Back On-Site Monitoring Visits on the Conciliation Mechanism in Turkey

On-Site Monitoring Visits on the Conciliation Mechanism in Turkey

Within the framework of the EU-CoE Joint Project on “Promoting Alternative Dispute Resolution (ADR) in Turkey”, the Council of Europe (CoE) is conducting a monitoring of conciliation mechanism in Turkey, which will provide a comprehensive examination of the implementation of conciliation mechanism and practical application of the existing regulations in Turkey.

The monitoring activity has three main components: research, monitoring visits and survey. Within the framework of the research, a team of local and international consultants developed a methodology and monitoring tools to be implemented during the monitoring visits of the conciliation mechanism in three regions during September and October 2021.

On-site monitoring visits took place on 11-12 November 2021 in Adana, 15-16 November 2021 in Ankara and 18-19 November in Istanbul with the attendance of representatives of the Ministry of Justice, judges and prosecutors of the provinces visited and regional Courthouses, conciliators, conciliation bureau staff, as well as local and international CoE consultants (Ferda Eser, Prof. Çetin Arslan, Leonardo D’Urso and Adi Gavrila representing the ADR Centre) and the CoE project team.

During the visits, the representatives of the Ministry of Justice and the CoE team of experts met the Chief Public Prosecutor and the public prosecutor responsible for the conciliation bureau in each region. Meetings were also held with the judges of the first instance criminal court and first instance juvenile criminal court. Visits were paid to the conciliation bureaux and conciliation interview rooms, followed by discussions with the conciliators and court staff in separate sessions, respectively. In addition, meetings were organised with the defendants and plaintiffs whose conciliation files were concluded, which provided first-hand information from the end users of the conciliation mechanism.

Adana, Istanbul and Ankara Bar Associations were also visited within the scope of the monitoring visits to receive the opinions of the bar association management and lawyers on the implementation of the conciliation mechanism in Turkey.

Following the field visits in the three regions, a final two-day meeting was held in Ankara with the participation of the representatives of the Ministry of Justice, CoE local and international consultants, the project team and relevant stakeholders, such as prosecutors, judges and conciliators, to discuss the findings, review the survey questions and agree on the next stages of the activity.

The data collected during the on-site visits are being analysed under six parameters: types of crimes, conciliation process, conciliators, awareness and education, and infrastructure (such as interview rooms, IT system of the Ministry of Justice, etc.). The data collection process will be complemented through a survey that will include wider target groups in the three regions.

The results of these activities will provide an opportunity to see the whole picture of the functioning of the conciliation mechanism in Turkey.

 

The Joint Project on “Promoting Alternative Dispute Resolution in Turkey” is co-funded by the European Union and the Council of Europe and implemented by the Council of Europe. The Ministry of Justice of the Republic of Turkey – Directorate General for Criminals Affairs and Directorate General for Legal Affairs are the end beneficiaries of the Project. The Central Finance and Contracts Unit is the contracting authority.

Adana - Ankara - Istanbul 24 November 2021
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