International Legal Assistance: Questioning of Victims, Defendants, and Witnesses in Turkey through International Legal Assistance in Germany

As a law firm in Berlin, we provide an overview of the procedures for international legal assistance. In criminal cases conducted in Turkey, victims, defendants, or witnesses residing in Germany can be questioned through international legal assistance. This process takes place within the framework of legal cooperation between Turkey and Germany. But what is international legal assistance, how is it carried out, and what legal steps can be taken?

What is International Legal Assistance?
International legal assistance refers to the process in which one state requests another state to carry out specific legal measures. The Turkish Penal Code and Criminal Procedure Code allow individuals residing abroad to be questioned in Turkish criminal proceedings through international legal assistance. A victim, defendant, or witness living in Germany can be heard as part of a proceeding in Turkey through this process.

Legal Measures That Can Be Taken through International Legal Assistance
International legal assistance is used to coordinate between judicial authorities and includes several legal steps. Some of the measures that can be conducted in Germany include:

1. Questioning of Witnesses: In a criminal case in Turkey, witnesses residing in Germany can be questioned through international legal assistance. Witness statements are crucial for clarifying events and collecting evidence. Turkey can request assistance from Germany.
2. Questioning of Defendants: If the defendant is in Germany, their testimony can be taken through international legal assistance. Upon the request of the Turkish court, the German court will question the defendant and forward the information to Turkey.
3. Questioning of Victims: The victim (complainant) in a case can be heard by a German court in Germany. If the victim resides in Germany, their statements can also be considered in the Turkish proceedings.
4. Collection of Evidence: Documents or evidence located in Germany can be collected by German authorities upon request of the Turkish court and sent to Turkey. This is especially important in cases where evidence is lacking.
5. Legal Assistance and Cooperation: Lawyers and courts can request legal assistance and support based on international agreements between the two countries. The Ministries of Justice of Turkey and Germany are responsible for conducting these procedures.

Procedures for International Legal Assistance
International legal assistance follows a specific legal procedure. The process typically proceeds as follows:

1. Request Submission: The Turkish court prepares a request letter asking the German authorities for assistance. This letter includes the identity of the person to be questioned, relevant information, and the actions to be taken.
2. Transmission of the Request: The request letter is sent through the Turkish Ministry of Justice to the competent German authority (the German Ministry of Justice or the relevant courts). In Germany, it is processed according to local legal regulations.
3. Questioning and Testimony: The competent German authorities begin questioning the requested person(s). The person is summoned to provide a statement under German law, and the process is initiated.
4. Transmission of Results: The German courts or authorities send the statements and other relevant documents to the Turkish court to ensure the progress of the proceedings in Turkey.
5. Evaluation of Results by the Turkish Court: The statements and documents from Germany are evaluated by the Turkish court, and the case proceeds accordingly.

Legal Regulations for International Legal Assistance
International legal assistance procedures are governed by specific agreements and international protocols under Turkish and German law. These include:

• The European Convention on Mutual Assistance in Criminal Matters of the Council of Europe and the UN Convention on International Cooperation in Criminal Matters, which promote cooperation between the two countries in criminal cases.
• Turkish-German bilateral agreements on legal assistance form the basis for conducting international legal assistance.

Criminal Proceedings in Germany and International Legal Assistance
A criminal proceeding in Germany connected to Turkey through international legal assistance can be a lengthy process due to the coordination between the two legal systems. These procedures may be delayed due to the complexity of international law. However, the process can be expedited through proper legal action. Requests are typically delivered via the Tiergarten District Court, not through the consular office in Berlin.