To reiterate my example, you cannot swim the same way in one river twice. Courts are similar, and everything may change depending on the time, social status, change of officers of the court, the mood of the officers and the like. You may never find a standard process in Turkey. It is even difficult to buy bread that tastes the same from the same bakery every day.I recently read the following news and thought this may give you an idea of how difficult it is to give concrete answers to some of your questions. The news mentions a dramatic change in the views of a high court chamber after a change in its members.
The story starts with a traffic accident. On May 26, 2003, Şükrü Çakır (the then-mayor of the town of Damarlı in Ordu province) was involved in a traffic accident in which both he and the driver, Hami Şahin, died.
Due to a set understanding of a precedent which prevented the claimant from getting compensation in a case of full negligence, the families of both Şahin and Çakır were not paid by the insurance company because Şahin and Çakır were both found "8/8" -- fully liable -- for the traffic accident. Following the local court's decision, the families appealed and the case was submitted to the Supreme Court of Appeals 11th Chamber, which reviewed the decision and overturned the lower court's verdict. The court of appeals ruled that the families should be paid.
Change of members leads to change of decision
Just recently, a very similar case -- that of Murat Oral, who was involved in a similar accident and died -- was brought before a local İstanbul court, and the court issued a verdict at odds with that of the high court.
Very surprisingly, the high court approved the decision of the local court and made a U- turn, accepting that this is a change of its former decisions, stating, "This is the latest understanding of the Supreme Court of Appeals 11th Chamber." Following this decision, the press learned that the members of the court had changed and that the court's president had agreed to issue this judgment with the new members of the court.
An interesting story, isn't it? I believe such change happens in every country and I understand that it may be very difficult for ordinary people to understand this change, especially when families expect to be compensated after the loss of a loved one.
Change is good
Yes, I have to talk about Barack Obama. Being the president of the United States should be something like flying a jumbo jet which already has a set route -- the president is the person who flies the jet in accordance with the program set by others. I think American foreign policy is not something Obama or any other single person will be able to change immediately. Anyway, I am happy that Obama was elected. Certainly a positive change is good. Every good move toward a better world is a good move and a good change.
Thank you
Thank God my surgery was completed successfully. I would like to thank my doctor, Şenol Carıllı, as well as all my friends and readers, who sent e-mails and wished me luck and "get well soon" messages, though I have to add that it still hurts…
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.
DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
