Joint PROGRAMME on
Improving the Efficiency of
the Turkish Criminal Justice
System
INTERNATIONAL Conference
on
STOCKTAKING of the TURKISH
CRIMINAL JUSTICE SYSTEM
Agenda
25-26 November 2014
Venue: The Marmara TAKSİM Hotel
İstanbul
SUBJECT
Conference on Stocktaking of the Turkish Criminal Justice System
VENUE / DATE
The Marmara Taksim Hotel,İstanbul, Turkey 25-26 November 2014
ORGANISERS
The Conference is organised by the Council of Europe and the Ministry of Justice of the Republic of Turkey, in the framework of the European Union and Council of Europe Joint Programme on “Improving the Efficiency of Turkish Criminal Justice System”
AIM OF THE CONFERENCE
The conference is expected to consolidate the ownership and ensure the sustainability of the outputs of the Programme on Improving the Efficiency of Turkish Criminal Justice System at national level, and to serve asa platform for discussion of the best national and international practices in line with the main objectives of the Joint Programme.
OBJECTIVES
»
To discuss among a wide range of participants the practical implementation of the recommendations set forth in the “Needs Assessment Report on Turkish Criminal Justice Report and Fifty Recommendations”, as well as to make proposals on how to ensure the sustainability;»
To elaborate on “preventive measures”, one of the core elements of criminal justice, on the basis of the European Convention on Human Rights, with the aim of ensuring a standard approach in the implementation of these measures;»
To create a platform to discuss frameworks, best practices and challenges for the organisation of the continuous training of legal professionals from the perspective of European standards, and to establish co-operation and networks with training institutions in other countries;»
To discuss the practices of various European Union member states on international legal co-operation and to pave the way for the implementation of the Draft Law on Mutual Legal Assistance in Turkey.»
To consolidate the role of lawyers in criminal justice system who are among the most important actors of the system, and to support the efforts for the purposes of increasing their capacity to apply the standards of the European Convention on Human Rights.PARTICIPANTS
National and international academics, legal practitioners, policy-makers, state and private agencies, field experts, and representatives of non-governmental organisations.
LANGUAGES OF THE CONFERENCE
“ASSESSMENT OF THE TURKISH CRIMINAL JUSTICE SYSTEM REFORMS IN TURKEY”
Moderator: Mr Aytekin Sakarya, Director General of Criminal Affairs, Ministry of Justice Presentation of the Needs Assessment Report on the Turkish Criminal Justice System and its 50 Recommendations
Mr Marcel Lemonde, Council of Europe Consultant
The Turkish Justice Academy’s Perspective on the assessment of the changes within the Turkish Criminal Justice after the Needs Assessment Report
Mr Mustafa Artuç, Deputy President, Turkish Justice Academy
Assessment of the Fifty Recommendations from the perspective of Defense
Ms Aynur Tuncel Yazgan, Lawyer, Istanbul Bar Association
Assessment of the 2014 Turkish Criminal Code in line with the Fifty Recommendations
Prof. Feridun Yenisey, Bahçeşehir University Faculty of Law
Discussion Lunch Opening Remarks
Mr Michael Ingledow, Head of the Council of Europe Programme Office in Ankara
Mr Mikhail Lobov, Head of Human Rights Policy and Development Department, Directorate General Human Rights and Rule of Law (DGI), Council of Europe
Mr Béla Szombati, Chargé d’Affaires a.i. Delegation of the European Union to Turkey Mr Bekir Bozdağ, Minister of Justice of the Republic of Turkey Break
09.30 – 10:00
13:15 – 14:00
12:15 – 13:00
10:00 – 10:15
10:15 – 12:15
25.11.2014
DAY 1
PLENARY SESSION
“TRAINING OF LEGAL PROFESSIONALS’’
Moderator: Mr Mustafa Artuç, Deputy President of the Turkish Justice Academy
Rapporteur: Mr Bert Maan, Council of Europe Consultant
Council of Europe standards on initial and continuous training of legal professionals and the HELP umbrella
Ms Tatiana Termacic, Head of Support to Human Rights National Implementation Unit, Human Rights Policy and Development Department, DGI, Council of Europe
French model for the pre-service training of judges and prosecutors
Mr Marcel Lemonde, Council of Europe Consultant
Tea/Coffee Break Discussion “PREVENTIVE MEASURES
IN THE CRIMINAL JUSTICE SYSTEM”
Moderator: Mr Ali Öztürkmen, Deputy Director General of Criminal Affairs, Ministry of Justice
Rapporteur: Prof. Veli Özer Özbek, Dokuz Eylül University Faculty of Law
Assessment of the preventive measures within the Turkish Criminal Justice System
Assoc. Prof. Neslihan Göktürk, Gazi University Faculty of Law
Prof. Veli Özer Özbek, Dokuz Eylül University Faculty of Law
The Preventive Measures from the perspective of the European Court of Human Rights Mr Mikhail Lobov, Head of Human Rights Policy and Development Department, Directorate General Human Rights and Rule of Law (DGI), Council of Europe Tea/Coffee Break Discussion
WORKING GROUP 2
WORKING GROUP 1
14:00 – 15:30
14:00 – 15:30
15:30 – 15:45
15:30 – 15:45
15:45 – 16:30
15:45 – 16:30
“’ROLE OF THE LAWYER IN THE CRIMINAL JUSTICE SYSTEM’’
Moderator: Mr Sabri Çepik, Board Member, Union of Turkish Bar Associations
Rapporteur: Mr Paul Garlick, Council of Europe Consultant
The Lawyers’ Role in Criminal Justice System in the United Kingdom
Mr Paul Garlick, Council of Europe Consultant Assessment of the fifty recommendations in terms of right to privacy
Ms Zeynep Pelin Ataman, Lawyer, Istanbul Bar Association
Assessment of the fifty recommendations in terms of right to physical integrity and security Mr Naim Karakaya, Lawyer, Istanbul Bar Association
Tea/Coffee Break Discussion “NEW APPROACHES IN MUTUAL LEGAL
ASSISTANCE”
Moderator: Ahmet Başaran, Director General of International Law and Foreign Affairs, Ministry of Justice
Rapporteur: Mr Ralf Riegel, Council of Europe Consultant
New Types of Judicial Cooperation
Mr İlyas Pehlivan, Head of Unit in International Law and Foreign Affairs Directorate General, Ministry of Justice
The Role of the Central Authority in Mutual Legal Assistance
Mr Ralf Riegel, Council of Europe Consultant Tea/Coffee Break Discussion
WORKING GROUP 4
WORKING GROUP 3
14:00 – 15:30
14:00 – 15:30
15:30 – 15:45
15:45 – 16:30
15:30 – 15:45
15:45 – 16:30
“PREVENTIVE MEASURES IN THE CRIMINAL JUSTICE SYSTEM’’
Rapporteur: Prof. Veli Özer Özbek, Dokuz Eylül
University Faculty of Law
Review of the 50 Recommendations in terms of legislative and institutional reforms
Mr Juan Carlos Da Silva, Council of Europe Consultant
Discussion Coffee Break Discussion
Preparations of the final presentations Lunch
11:00 – 11:15
10:15 – 11:00
9:30 – 10:15
11:15 – 12:00
12:00– 12:30
12:30 – 14:00
“TRAINING OF LEGAL PROFESSIONALS”
Moderator: Ms Tatiana Termacic
Raporteur: Mr Bert Maan, Council of Europe
Consultant
The Dutch Model for the in-service training of judges and prosecutors
Mr Bert Maan, Council of Europe Consultant The role of judges and prosecutors’ training in terms of the right to a fair trial
Dr. İhsan Baştürk, Seconded Judge, Turkish Court of Cassation
Coffee Break Discussion
Preparations of the final presentations Lunch
9:30 – 11:00
12:30 – 14:00
WORKING GROUP 1
26.11.2014
DAY 2
WORKING GROUP 2
12:00– 12:30
11:15 – 12:00
11:00 – 11:15
WORKING GROUP 3
“NEW APPROACHES IN MUTUAL LEGAL ASSISTANCE”
Rapporteur: Mr. Ralf Riegel, Council of Europe
Consultant Simplified Extradition
Prof. Faruk Turhan, Süleyman Demirel University Faculty of Law
Discussion Coffee Break
Preparations of the final presentations Lunch
9:30 – 10:15
12:30 – 14:00
WORKING GROUP 4
11:15– 12:30
11:00 – 11:15
10:15 – 11:00
“THE ROLE OF LAWYER IN THE CRIMINAL JUSTICE SYSTEM”
Raporteur: Mr Paul Garlick
Assessment of the fifty recommendations in terms of the right to a fair trial
Ms Aynur Tuncel Yazgan, Lawyer, Istanbul Bar Association
Assessment of the fifty recommendations in terms of the right to private and family life Mr Fahrettin Demirağ, Bahçeşehir University Faculty of Law, Honorary President of Military Court of Cassation
Coffee Break Discussion
Preparations of the final presentations Lunch
9:30 – 11:00
12:30 – 14:00
12:00– 12:30
11:15 – 12:00
11:00 – 11:15
Moderator: Mr Mikhail Lobov, Head of Human Rights Policy and Development Department, Directorate General Human Rights and Rule of Law (DGI), Council of Europe
Presentation of the Conclusions of the Working Sessions:
Preventive measures in criminal justice: reform of law or practice?
Prof. Veli Özer Özbek, Dokuz Eylül University Faculty of Law
Training of legal professionals: A way to improve practice, proficiency and ethics
Mr Bert Maan, Council of Europe Consultant New approaches in mutual legal assistance: Necessity for legislative frameworks of judicial cooperation in modern societies
Mr. Ralf Riegel, Council of Europe Consultant The ultimate role of Lawyer to Ensure the Right to a Fair Trial in the Criminal Proceedings Mr Paul Garlick, Council of Europe Consultant
Closing Remarks
Mr Michael Ingledow, Head of the Council of Europe Programme Office in Ankara
Mr Aytekin Sakarya, Director General of Criminal Affairs, Ministry of Justice
PLENARY SESSION
14:00 – 15:15
Note: English and Turkish versions of the ‘Needs Assessment Report on Turkish Criminal Justice and Fifty Recommendations’ are available under www.cas.adalet.gov.tr link.
