Article 53 TPR guarantees the right to be represented by a lawyer in relation to matters of law and procedure vis-a-vis authorities. It also makes a reference to the provisions of state-funded legal aid (Adli Yardim) enshrined in the Law on Attorneys, which provides for state-funded legal assistance to persons who cannot afford to pay a lawyer.
In Türkiye, state-funded legal aid is delivered by bar associations, subject to considerations of “means” and “merits”. A project implemented by UNHCR and the Union of Bar Associations in Türkiye funds 45 bar associations specifically for international and temporary protection cases (see International Protection: Regular Procedure: Legal Assistance). A new LEAP Project, implemented by UNICEF and Union of Bar Associations in 14 provinces supports earthquake-affected children’s access to justice, and provides legal aid through mobile units, particularly reaching rural areas. This project becomes an important support especially for determination of paternity in case of lack of official birth certificates[1]. Another partnership with the Union of Bar Associations is the one with UN Women to improve access to justice for women, not exclusing refugee women, affected by earthquakes through field visits and workshops.
Another obstacle relates to the requirement of a notarised power of attorney (see International Protection: Regular Procedure: Legal Assistance). As per the Union of Notaries Circular 2016/3, the Temporary Protection Identification Document is included in the list of documents accepted by public notaries. However, some notaries remain reluctant to grant power of attorney on the basis of such documents.
Article 51 TPR guarantees persons concerned and their legal representatives’ access to file and documents, with the exception of “information and documents pertaining to national security, public order, protection of public security, prevention of crime and intelligence”. This excessively broad, blanket space of exception generates the risk that in certain situations lawyers representing persons seeking to challenge their treatment will be prevented from being able to access all relevant information. In the current regional context and security environment, with a heavy emphasis on the identification and prevention of persons with alleged links to terrorist groups, the restrictions allowed by Article 51 TPR on lawyers’ access to file is concerning. Article 51 TPR also provides guarantees for the confidentiality of personal information and documents.
Syrians might face some difficulties to access legal aid due to not being able to present necessary documents. The bar association first evaluate the financial situation, ask for documents like a poverty certificate from the mukhtar and examine if there are reasonable grounds to believe in a successful outcome for the legal assistance requested. Based on these evaluations, the bar association will decide whether to grant legal aid or not[2].The legal aid service did not look for a poverty certificate from the refugee applicant, but some courts did. If the applicant could not submit a poverty certificate issued by the neighborhood authority (muhtar), the request was immediately rejected. Family and civil courts of the first instance have not accepted legal aid requests without this document. Even if the legal aid request was accepted, in cases where the client had to be heard before the court, the judge asked for a translator, and the client paid the translator fee. The legal aid budget should typically cover this cost.[3]
[1] Information provided by stakehodlers, March – April 2024.
[2] RRT & Refugee Solidarity Network, Information portal for refugee in Turkey, available here
[3] Information provided by a stakeholder, May 2022.