Article 13: Access to Justice
There are various barriers for access to justice for persons with disabilities both arising from the
domestic legislation as well as its incorrect implementation.
Access to Information: There are limited opportunities persons with disabilities to access information
regarding rights. The level of awareness of persons with disabilities regarding administrative and legal
complaints mechanisms for protection of their rights is very low; further the relevant authorities do not
conduct sufficient awareness raising activities. In addition, the difficulty of the legal language, the lack
of legal information and consultancy mechanisms also constitutes a barrier to access to justice. There
is no legal arrangement for the provision of legal advice to persons with disabilities. In particular, the
lack of any provision in the Attorneyship Law (No: 1136) for providing pro bono legal services,
adversely affects access to justice for all disadvantaged groups. Some bar associations, provide legal
support under their own initiatives. UYAP and BELGENET systems lack the infrastructure for the
persons with visual disabilities. Similarly, almost all of the bar associations' websites, informative
materials, or service buildings are not accessible.
Ombudsman Institution and Human Rights and Equality Institution of Turkey (TİHEK) are the two
non-judicial complaint mechanisms in Turkey that disabled persons may apply. Based on the statute of
TİHEK, CSOs cannot apply to the institution on behalf of disabled persons and the decisions of
Ombudsman Institution are not binding but advisory decisions. The decisions of the institution are not
always followed and respected by the state institutions. To give an example, AMER lodged a complaint
on behalf of a Syrian prisoner, who demanded to move to an open prison five year before the end of his
prison sentence, as this is the condition for Turkish citizens. According to Article 6 of this regulation
on the transfer to open prisons, foreign national inmates can only transfer to an open prison three years
before their sentence ends. Therefore, foreign national inmates have to wait 2 more years as compared
to Turkish citizens. In the decision of Ombudsman Institution, this legal provision was found to be
against the principle of equality before the law, also as protected by the Constitution. Subsequently, the
Ministry of Justice was asked to revise the article. However, The Ombudsman decision taken on 24th
August 2017 has not been implemented so far.8
Accessibility of Judicial Units: Ensuring physical accessibility of all courthouses, police stations,
prosecution units, prisons and other relevant buildings which provide services within the justice system,
is a legal obligation. Currently, very few of these are physically accessible. Most importantly, there are
no regulations regarding the measures to be taken for persons with disabilities who are in pursuit of an
8
Decision Number: 36311982-101.07.04-E.10091
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