With the exception of the courts which are charged with the trial of
all civil officials who may be accused of offences connected solely
with their administrative duties, and which are attached to the Council
of State Presidency, all the reformed courts form part of the Ministry
of Justice. Like all the departmental bureaus of that Ministry, the
central courts are situated in the huge buildings opposite St. Sophia,
and just outside the gate of the ancient seraglio. Both criminal
and ordinary civil courts are divided into three degrees--namely,
preliminary, appeal, and cassation courts. Here there are also
two commercial courts, one dealing with cases connected with the
mercantile marine, the other with actions arising out of all commercial
and trading matters. A section of the latter court has a mixed or
international character; that is to say, among its members there are
foreigners, not appointed by the Ottoman Government, but deputed by
foreigners. This section deals with the commercial disputes between
Ottoman and foreign subjects.
The old semi-ecclesiastical courts, from the time when they had to deal
with every kind of lawsuit until now, have been conducted on what I may
call a 'one-judge system,' that is to say, each court, like the English
law courts, has a single judge to deal with the cases brought before it
But each of the new or reformed courts has, besides the chief judge,
several deputy judges; in other words, a president and members. This
imitation of the legal arrangements of France has not proved the check
on the perversions of justice charged against the old simple method
which was expected. Experience has shown that as the population of
Turkey is so widely heterogeneous, to have several judges in a court,
who may belong to different nationalities and religions, gives rise to
even more corruption and partiality than when there is one only.
The evils of the present Hamidian tyranny have destroyed all the
confidence of the people in the new courts. Legal officers of
capability and integrity are either exiled or appointed to courts in
obscure corners of the empire, and the central courts are filled with
the favourites of the Palace clique, and these creatures deal out
'justice' according to the will of the Palace. The Sultan has given
them orders recently to condemn all opponents of his misrule. Lately
about a hundred innocent men have been condemned to death or penal
servitude, and their properties have been confiscated by the central
criminal courts on the charge of 'high treason.'
* * * * *
Public-domain text, read in full here on John Shaqi.
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