Constitution (excerpts)

Constitution of Turkey

(relevant parts only)

Article 138 §§ 1 and 2

"In the performance of their duties, judges shall be independent; they shall give judgment, according to their personal conviction, in accordance with the Constitution, statute and the law.

No organ, authority, officer or other person may give orders or instructions to courts or judges in the exercise of their judicial powers, nor send them circulars or make recommendations or suggestions to them."

Article 139 § 1

"Judges ... shall not be removed from office or compelled to retire without their consent before the age prescribed by the Constitution."

Article 145

"... Martial law courts shall be responsible for dealing with offences under special laws committed by civilians against military personnel and offences committed against military personnel in the course of their duties or on scheduled premises.

The offences and persons falling within the jurisdiction of the martial law courts in time of war or under martial law, the composition of martial law courts and the appointment, where necessary, of judges and prosecutors from the ordinary courts to martial law courts shall be regulated by law.

The personal rights and obligations of military judges ... shall be regulated by law in accordance with the principles of the independence of the courts, the safeguards enjoyed by the judiciary and the requirements of military service. Relations between military judges and the commanders under whom they serve as regards their non-judicial duties shall also be regulated by law."