Judicial Vacation May Disappear This Year

Number :92358809-152.03/20648/11287 22/04/2020

Subject :Judicial Holiday

TO THE PRESIDENCY OF THE UNION OF BAR ASSOCIATIONS OF TURKEY

Interest :Your letter dated 17/04/2020 and numbered F.8344.

Due to the outbreak of the COVID-19 virus outbreak, execution works and transactions have stopped, other works in the courthouses have been reduced to the lowest level, when the aforementioned measures, which are mandatory to be taken, are removed, an enormous workload will occur in courthouses and execution offices, the intensity that will decrease on working days will be too much, for these reasons, for this year only, Your letter of interest and the subject matter have been examined, which includes the request for suggestions and opinions on the issue of not taking a judicial holiday between July 20, 2020 and September 1, 2020 by making a temporary legal arrangement, if the judicial holiday is deemed mandatory, the period should be limited to fifteen days and the date range should coincide with the school holiday when determining the date range.

Article 102 of the Code of Civil Procedure dated 12/01/2021 and numbered 6100, titled “Judicial vacation period”, states that “The judicial vacation starts on July twenty each year and ends on August thirty-one. The new judicial year starts on September 1”, and the following Article 103 stipulates the cases and works to be heard during the judicial vacation.

In the distributed letter of the Board of Judges and Prosecutors on Additional Measures within the Scope of COVID-19, with the decision of the General Assembly of the Board of Judges and Prosecutors dated 30/03/2020 and numbered 2020/51, many measures have been ruled in terms of judicial activities, as well as arrested (only in terms of evaluation of detention due to legal obligation) and urgent works, the first instance judicial and administrative judicial authorities and regional courts of justice and regional administrative courts have decided to postpone hearings, deliberations and discoveries until 30/04/2020 (including this date), except for investigation and prosecution files, requests for stay of execution and other urgent works and procedures.

For the reasons explained, it is considered that it would be more appropriate to continue the judicial holiday period and practice of 2020 in accordance with the current conditions, considering that only the cases and works specified in the relevant provision of the Law No. 6100 will be heard during the judicial holiday as the new hearing dates are generally left to September 2020 and later within the scope of the measures taken due to the ongoing epidemic in our country, and that the number of judges who can hear the hearings will be insufficient due to the fact that judges and public prosecutors will use their annual leave in September and later if the judicial holiday is abolished or its duration is changed.
I kindly request information.