The Sultan and His PeopleOscanyan, C. (Christopher)
History
The Sultan and His People
Oscanyan, C. (Christopher)
Turkey -- Description and travel; Turkey -- Social life and customs
Foreigners are not tried before these courts. If the litigation
is between themselves, their cases are tried and settled by their
legations; but if with the natives, they are referred to a special
court of the ministry of commerce, called Medjlissy-Tidjaret, composed
of various merchants both natives and foreigners, and presided over
by the Minister of Commerce, or his deputy.
The code by which this body pretends to be governed, is the "Code
de Commerce" of Napoleon. How equitably it is applied by them, may
easily be perceived.
Imagine some twenty-five or thirty merchants, of different nations
and tongues, assembled together in the character of jurors, who not
only do not understand a word or syllable that is uttered in their
hearing, but often do not even possess the means of communicating
their ideas to each other.
The affair brought before them, being unintelligible to most of them,
it is generally conducted by the government officials, or some of the
members who are fortunate enough to know something of the language,
and their decisions imparted to the passive members, who usually
give their sanction, taking it for granted that all is right. The
consequence is, that if one of the litigants is so happy as to secure
the good will and patronage of an acting member, he is sure to come
off successfully, no matter how bad his case.
This body, like the other Turkish courts, admits not the pleading by
lawyers, for a good and simple reason, that its members being men of
business, and ignorant of law and legality, prefer to be governed by
their own judgment, and constitute themselves at once, judge, jury,
and prosecutors.
The interpreters of the foreign legations, are, however, required by
treaty to be present, who not only interpret for the parties, but are
bound to defend and protect their fellow citizens, to the best of their
ability, and report thereupon to their respective ambassadors. It
is to be regretted that the services of these individuals are not
always disinterested. Policy sometimes inclines them to side with
this serio-comical court, for the sake of keeping on good terms
with the officials and its members, and thus maintaining their own
reputations at the Porte as emissaries of foreign lands; while at the
same time a good opportunity is offered them for the gratification
of any personal pique or prejudice against their clients; so that a
foreigner may either suffer injustice, or be injurious to the people
of the country, without the knowledge of his own ambassador. How true,
then, the observation of Lord Stratford, that "the very atmosphere
of Turkey is impregnated with venality."
Public-domain text, read in full here on John Shaqi.
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