How will ‘e-hearing’ affect trials in Turkey?
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Minister of Justice Abdulhamit Gül attended a test running of "e-hearing" at Sincan Western Courthouse in Ankara today (June 17).
With e-hearing, lawyers will be able to attend the hearings via teleconference through the National Judiciary Informatics System (UYAP).
'Proceedings as to the merits need to be face to face'
We have talked to lawyer Dr. Güray Dağ about how this new method will affect the legal proceedings and the right to a fair trial.
Dağ notes that especially amid novel coronavirus outbreak, this method might be useful in hearings where only procedural proceedings will be held. However, he also raises concerns that it will have a negative effect on legal proceedings as to the merits in both civil and penal suits:
"In hearings where the witnesses and defendants are to be heard, the hearings where legal proceedings as to the merits will be held or the statements of the parties will be heard need to take place in a face to face manner. Legally speaking, e-hearing might cause problems about hearing the parties in terms of the principle of immediateness.
"Sometimes, in a hearing, a judge looks at the behavior of a person and tries to infer whether he or she tells the truth based on that. Also, when the parties ask questions to witnesses or defendants or when a person is interrogated to find out the truth, this method might lead to problems. It might not always be possible to bring out the truth in an e-hearing."
Güray Dağ says that lawyers are against the use of Audio and Visual Information System (SEGBİS) in penal lawsuits and adds that this method could lead to problems in civil lawsuits as well:
"For instance, in business lawsuits, we had the opportunity to find out whether the witnesses are false or not or we had the chance to reveal a statement contrary to facts by asking questions. However, it might not be always possible in an e-hearing.
"Or, say, we ask whether the signature on a document belongs to a certain person or not... It is difficult to do with with the SEGBİS or e-hearing."
How will "e-hearing" work?
With this new system, lawyers can search their hearings at the National Judiciary Informatics System (UYAP) Lawyer Portal and send their requests until 24 hours before the hearing by writing their justification.
If the judge accepts the request on this system, the lawyer will be able to attend the hearing via videoconference. e-hearing will start when the court activates the system. The software of the system has been designed by the engineers of Justice Ministry and lawyers will attend the hearing with their e-signatures following an identity authentication.
After the judge confirms the information and photo on the UYAP system, the hearing will start. Security measures such as facial recognition and fingerprints are also planned to be added to the system in time.
There are also works to enable experts to attend the hearing via e-hearing. (AS/SD)