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Military court system exercises jurisdiction over military personnel and during periods of martial law. Responsibilities prescribed in article 11 of law No. 1402 on the martial law from May 1971. Further details are described in articles 11 to 14 of Act No. 353 of the criminal proceedings in the military courts of October 1963 (revised in October 2006).
Turkey's military court system includes:
- Military courts
- The Supreme Military Administrative Court
- The military court of Cassation
Military courts have jurisdiction to judge the military personnel for war crimes; crimes committed by them against other military or crimes committed in other military locations or crimes related to military service and duties.
Under martial law, all military courts are empowered to deal with all the crimes that led to the Declaration of martial law. Article 14 of law No. 353 describes the offence to the military courts in time of war.
In accordance with article 2 of law No. 353 the courts consist of two military judges and officers. In cases with more than 200 defendants, there must be four judges and one officer. Military prosecutors are assigned as needed. Judges and prosecutors retain the title of judges together with their official titles, sitting on the bench or prosecutors.
In military courts, lawyers for the accused are rarely present, although the defendants have the right to legal counsel from the military with the title.
The military court of Cassation
The military court of Cassation is the Court of the last instance in all decisions and verdicts delivered by military courts. It is also a Court of the first and final instance with jurisdiction over the individual military, stipulated by law, liability for all specific litigation over these entities. There is a President in court, usually a Brigadier, and the Attorney-General, usually a Colonel.
The Supreme Military Administrative Court
Turkey's higher military court or Supreme Military Administrative Court has jurisdiction over military personnel in administrative cases or in military service. Its structure is identical to the device of the military court of Cassation.
Note that military courts and civil courts in Turkey could not be subordinate to each other. They do not depend on each other, and should not be subject to political influence, special agencies and operate only in restricted military zones.
Court of conflicts of jurisdiction
Court of conflicts of jurisdiction in Turkey is the last instance for disputes concerning verdicts and competence of regular administrative and civil courts in Turkey. This Court is composed of members of the Court of Cassation, the Supreme Council, the Supreme Military Court of appeals and military administrative Court of appeals.
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