Unlocking Legal Jargon: How AI Legalese Decoder Can Aid the Incarcerated in Turkiye
- May 15, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Advice on Husband’s Legal Situation in Turkey
I am reaching out for advice regarding a difficult situation involving my husband. Approximately 8 months ago, he was arrested and incarcerated in Turkey. Despite not being Turkish citizens, we made the move to Turkey just 2 years prior.
The unfortunate series of events began with my husband reconnecting with a childhood friend who resided in Turkey. Their rekindled friendship took a dark turn as they started engaging in drug-related activities together. When his friend was apprehended by law enforcement, he falsely implicated my husband as the supplier of the drugs, fabricating a story in his police statement. Consequently, my husband has been languishing in a prison facility under deplorable conditions that resemble something out of a distressing documentary.
In our desperate attempts to secure legal assistance, we have expended significant resources on legal representation. Despite the fact that forensic testing of the drugs seized revealed that the substances found on my husband and his friend were not identical, the authorities are steadfast in pursuing charges against him for drug distribution, which carries a daunting 12-year sentence.
Recently, during a trial, crucial pieces of evidence such as the forensic lab reports and the friend’s recantation of his initial statement were not presented. Furthermore, our lawyer remained conspicuously silent throughout the proceedings, leaving my husband to fend for himself. The presence of a translator, who lamentably lacked proficiency in English, further compounded our struggles in navigating the bewildering legal landscape.
Amidst this bewildering ordeal, where nothing seems to make sense, I find myself grappling with the overwhelming challenge of single-handedly combatting a seemingly inscrutable legal system in a foreign land. Any semblance of guidance, advice, or innovative ideas to navigate this tumultuous predicament would be immensely appreciated.
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****** just grabbed a
Legal Advice from a Former Turkish Citizen. (I am not an attorney, I studied European Law not solely Turkish Law. However I can give legal advice.)
Hello, first of all I am really sorry about what happened to your husband but you need to remember Turkey is very strict when it comes to drugs, I understand your frustration but blaming the country when your husband did something clearly illegal is not gonna help you. So here are some things you can do;
Fill an emergency appeal (TCCP Article 309): looking at of the situation, you can file an emergency appeal as allowed by Article 309 of the Turkish Code of Criminal Procedure. This can make sure there is a swift review of the case by a higher court.
Ineffective Assistance of Counsel (TCCP Article 147): Think whether your husband received effective legal representation, as guaranteed by Article 147 of the Turkish Code of Criminal Procedure. If your lawyer remained silent during the trial or failed to address critical issues, this may constitute grounds for challenging the proceedings.
Make a language barrier complaint (European Convention on Human Rights – ECHR, Article 6): consider filing a complaint with reference to the European Convention on Human Rights, Article 6, which protects the right to a fair trial.
You can request a new hearing (TCCP Article 231): according to Article 231 of the Turkish Code of Criminal Procedure you can request a new hearing, citing the translator’s inability to communicate effectively in English.
You can Get in Contact Ombudsman (Turkish Ombudsman Institution Law): Ombudsman is an institution designed to investigate and address complaints against administrative actions. Choose this option if you believe there were irregularities in the conduct of the trial.
Going to International Advocacy (ECHR) If your domestic remedies prove insufficient you cab can submit an application to the ECHR after using all available legal options in Turkey.
Again, next time when you are moving to a different country make sure you know the laws, if you break the laws you will have to deal with the consequences. Hope I helped!
Info: what type of drug was he in possession of. According to this [document](https://www.emcdda.europa.eu/system/files/publications/11356/turkey-cdr-2019.pdf) possession with intent to sell is 5-15 years with increasing sentencing depending on the type of drug and a 50% increase for cocaine, heroin etc. Turkey is famously very hard on drug users and anyone they suspect of supplying and you are going to have a much harder time appealing “hard” drug cases over there.
Well i have lived in Turkey 10 years so i can give some advice. First of all court actions are in Turkey extremely slow, so he might spend some time in prison. Second due to your status(non citizens) you have high chance to run away, which is not tolerated much in Turkish laws. More over drug abuse is not a crime in Turkey. Which means your husband is involved in trade of drugs. I dont remember exactly but Turkish laws dictates abuse and selling very clearly(like more than X gram of drugs is not abuse, it is trade) which means they were caught with certain amount of drugs, which you cant explain to a judge.
You need someone who can speak your language and Turkish(like mother language) to go through all these processes faster, since lawyers are fond of waiting in Turkey.
Dont do drugs in foreign countries. Netherlands exists for that reason in Europe.
Also dont waste good will of Turkish courts and judges. Sounds like court already decided a verdict based on evidence, if your husband is lying(which seems like it) he can just sit there very long time. Better plead guilty in these situations, Turkish police is not that hard on soft drug( i was caught with MJ many times in Turkey, never got arrested) so your problem is little bit more than doing drugs.
Talk to your embassy in Turkey, they will help you out
You can contact the Istanbul Bar Association (Istanbul Barosu), an association of notable lawyers and experts in Istanbul. Talking with the representatives of the ECHR is also a good idea. Good luck.
Wich drugs and what amount had your husband at home, its possible that the Statement of his “friend” Doesnt matter that much.
I guess the next step would be to appeal the court’s decision – but your husband’s lawyer should be providing this advice. If you exhaust all the levels of appeal in Turkey, you could approach the ECHR. The snag is, all of this is likely to take a long time and quite a bit of money.
Your embassy should be able to provide names of reputable lawyers, but that’s about the extent of their involvement. Turkey, by large, is a democracy, so other countries will generally wait and see what their legal system will do first.
Drugs possession is heavily punished in Turkey, like double digit years of prison time, for even a whiff of smuggling or selling.
Realistically, he can’t get out of this without some serious jailtime. And that “friend” has shown his true colors, by fingering him for it.
I’d go to the board/bar association of lawyers of your own country, and see if they can recommend one in Turkey, but even lawyers in Turkey have been known to be prosecuted themselves, just for representing someone from the Gülen movement in a court of law.
info: what has the judges put as the reasoning for the punishment? is the trial ongoing? is your husband put on a different trial than his friend/for different crimes?
you need to appeal but even before that, get a proper attorney. some people have advised you to contact the embassy for a trustworthy attorney, but if that doesn’t work out, i’d advise you to contact a law firm before an individual attorney. most firms or offices seek more qualified law students with extensive education and language education, but also value their reputation so you’ll have better chance at being properly defended. though it’s harder to find law firma specialized in criminal law, you can always check legal500. if the appeal doesn’t work out, you have a chance at success with individual application.
overall, it’s very procedural and complex, so start off with getting an equipped lawyer.
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post it on r/Turkey so actual turks can help you out.
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You and your husband need to learn turkish as soon as possible. There’s a lot of options out there. But a majority of those options require turkish fluency. Get a full time course and turkish learning books for your husband as soon as possible.
Also of course the judge will not let your husband go. He’s a convicted drug felon. Even if he wasn’t distributing anything. He’s a super high flight risk and even you admitted to him being a repeat offender of drug use for at least somewhat of an extended period of time.
It’s time to focus on not acting out of panic. Panic will only make you make poor decisions and not help your husband as much as you could. Give yourself some time away from the screen. Clean the house a bit. Make some healthy food and go for a walk.
I’m sorry for you having to deal with this. You did not deserve this. Your husband has failed you, himself and your potential family. And now you’re stuck with the consequences of his actions. I’m in turkey too. It’s rough out here if you don’t know Turkish. Good luck and I wish you strength!
As a Turkish man who had to deal with laws a lot recently, i have to say its gonna be either hard or impossible.
First of all, the amount and the type of drug matters. If its something especially hard or over a certain amount, your husband is gonna be charged with both possessing them and being a seller. Second of all, you yourself said he is a repeat offender, they are gonna check to see if he had used them previously (something to do with hair, i dont know fully) and if it comes positive thats gonna be even worse. You should make an appeal, in law there is a rule that could be used to reopen a case of one side believes their lawyer was incompetent or the judge was openly biased. I would suggest asking your embassy for lawyers that can speak both your language and Turkish like their mother language and they should know what rule it is.
You being a foreigner is generally not gonna help, or harm. If the court case reopens, act sorry and not bashfully because if you do it might be seen as being against thr court and law. DO NOT TRY ANY KIND OF BRIBING OR ILLEGAL WAYS! And do not even try going to any news agencies, general population alse h3avily hates drugs so it will make the case harder for you.
Im sorry for what happened to you, but laws are especially hard against drugs, drug dealers and users to fight against PKK and their resources. I have a friend whose stolen phone was found on a drug dealer, he had nearly went to jail over it.
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i am sorry ur going through that
your embassy should have trustd lawyers list, consider transferring your case to them
long pre trial detentions are kinda the norm here. It’s just that the courts are over filled with cases that trials take a while. If your husband has a criminal record then that will also contribute to your problems.
I do not know the details of your case so i can not be of much use
source: lawyer in turkey
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Where are you from? This can be crucial in how to approach. The rule of law is not gonna help you here.
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This is not legal advice. Just bouncing ideas.
Either find legal assistance that can communicate and explain procedures, set up a solid defence there (maybe you need to find this in q major city), or find Turkish speaking lawyers in your own country and use them as intermediaries with a local lawer .
Tough situation. Best of luck.
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Ask in the embassy; also where you from? (That matters)