Disqualification of The Judge in the Turkish Law
The judge must refrain from trying the suit when there is a prohibition of duty of a judge or if there is one of the circumstances that would cast doubt on the impartiality of a judge. But sometimes the judge may not hesitate to try the suit. In that case the disqualification may become involved.
Public prosecutor, parties to the case, lawyers of the parties and those involved in the case can request the disqualification.
The disqualification is possible during the investigation phase. For example, if an arrest warrant has been made, the suspect can disqualify the judge who made the decision.
There is no certain period of time for a disqualification request when there is a doubt of the impartiality of a judge while the request for disqualification can be made until the end of the trial when there is a prohibition of duty of a judge.
The disqualification request can be made until the cross examination starts If the situation that would cast doubt on impartiality arose at the beginning of the trial. The disqualification can be requested until the investigation begins.
This must be claimed within seven days from learning of the situation that cast doubt on impartiality if the situation that would cast doubt on the impartiality of the judge appeared later.
The request for disqualification is being made by submitting a petition to the court where the judg.e is a member.
It is also possible to request a disqualification by applying to the court clerk for a report on this matter.
The parties must explain all the reasons for disqualification and should put all the facts in time as a whole when requesting for it.
The judg.e whose rejection is requested, is free to express their views on this matter, by writing.
The authority that decides the disqualification of the judg.e is the court which the judg.e is a member of.