What is the project about?

The Project aims to develop more coordinated, qualified and systematic approach into legal aid practices in Turkey and build awareness on the operationalization of performance management tools and mechanisms to enhance the efforts to ease access to justice. This will be achieved through developing mechanisms towards gaps for better coordination and improving networks among legal aid service providers (Union of Turkish Bar Associations, Bar Associations and lawyers), women NGOs and civil society, as well as increased capacity of lawyers through an online training.

What has been the situation?

Despite the efforts to improve the legal aid practices in Turkey, the current system is still open to improvement. The need for a more satisfactory and sustainable legal aid system is noted not only by service providers (implementers) and potential users, but also by UTBA, local bars and the Ministry of Justice. Lawyers practicing legal aid need further support to improve their professional skills, legal knowledge and interest to effectively represent accused and victims in criminal cases.

The issue of legal aid services therefore remains one of the main topics in the EU progress reports and advisory visit reports and the European Commission for the Efficiency of Justice (CEPEJ) reports on Turkey. The 2014 EU Progress Report on Turkey acknowledged the reforms introduced by 4th Judicial Reform package, which loosened the conditions for granting legal aid but stressed that the scope and quality of legal aid still needs improvements and effective monitoring to contribute to the solution of long-standing problems should be secured.

The report addressed the following bottlenecks in the system: 

• Lack of public awareness on legal aid especially in rural areas and among disadvantaged groups.

• A low level of awareness of legal rights among women, combined with a low level of gender equality awareness among law enforcement officials, meant that women faced obstacles in accessing justice and services provided for under the law.

• Lack of an overall strategy for legal aid as the current system needs further revision.

• The quality of legal aid was not monitored, and its scope and quality were influenced by the limited budgetary resources available.

• Legal aid fees continued to be unattractively low for experienced lawyers

The following assessment is included in 2018 Turkey Report:

• Some aspects of procedural rights are guaranteed by law, including legal aid and the right to translation and interpretation in criminal matters, but the legislation needs to be further aligned with European standards. According to data from 2014 compiled by the Council of Europe's European Commission for the Efficiency of Justice (CEPEJ), Turkey dedicated a substantial EUR 780 of legal aid per case, but this was provided to a limited number of eligible cases (171 000) with an overall limited effort of EUR 1.33 per capita. 
• A legislative and institutional framework on equality between women and men is generally in place. However, discrimination against women and gender-based violence were not sufficiently addressed, due to weak implementation of legislation and the low quality of support services available. 

In this context, UNDP and the Union of Turkish Bar Associations, with the involvement of the Ministry of Justice, in specific components have been implementing “Support to the Improvement of Legal Aid Practices for Access to Justice for all in Turkey” Project (SILA Phase I) since 2015. This project has reached several significant achievements and paved the way forward for Turkey to meet EU and international standards on legal aid provision. Throughout the implementation of SILA Phase I, mainly four areas emerged for which further improvement is needed for efficient and qualified legal aid services. These are 1) coordination between stakeholders, 2) structured system for services provision, 3) capacity development of the service providers and 4) awareness rising on performance management and evaluation mechanisms in legal aid services.

What is our mission?

SILA Phase I project has reached several significant achievements and paved the way forward for Turkey to meet EU and international standards on legal aid provision. However, it also demonstrated that still further support is needed for a structured legal aid system in which all actors are coordinated, their work are integrated, service providers are continuously qualified, the overall system is well monitored and performance evaluation is instrumentalized for improvement. Therefore, based on the findings and achievements of SILA Phase I, the 2nd Phase at hand introduces a holistic approach and aims develop more structured, coordinated, qualified and systematic legal aid provision in Turkey.

The Second Phase focuses on institutional and individual level capacity enhancement activities for Union of Bar Associations of Turkey, local Bar Associations and lawyers practicing legal aid as well as enhanced cooperation and coordination with NGOs and civil society organizations. Recalling from the experiences and findings of Phase I, Phase II Project will implement pilot practices for specialized legal aid services towards gender-based violence victims, especially women. Through the evaluation of Poppy Project practices and development of a more consolidated and structured system of legal aid provision, more citizens will have access to legal aid services. The project is also going to provide e-training courses for lawyers involving based on a needs assessment study. Finally, the project includes an awareness raising campaign on the performance criteria and evaluation mechanism for legal aid services and automation system for appointment of CCP lawyers which was introduced in the First Phase.

How are we doing this?

To enhance the effectiveness and efficiency of the legal aid system in Turkey, SILA Phase II Project will pursue the following results:

Result I: Coordination

Enhanced coordination between women NGOs, civil society organizations, lawyers and bar associations to improve the legal aid system in Turkey

Result II: System Development

Development of a systematic and structured approach for legal aid services via implementing and further improving best practices in pilot Bar Associations: Poppy Project practices

Result III: Capacity Development

Enhanced capacities of lawyers practicing legal aid through a tailor-made training programme

Result IV: Awareness Raising

Awareness raising among bar associations in Turkey on the performance criteria and evaluation mechanism for legal aid services and automation system for appointment of CCP lawyers.

How will Turkey benefit?

Violence Prevention Centers (replicated Pilot Poppy Centers) are going to be established in 7 pilot provinces throughout Turkey and they will provide legal aid services to individuals subjected to gender-based violence. The centers will have an impact on women empowerment and achievement of gender equality. Additionally, the inclusion of the NGOs in the referral mechanism through coordination will have a positive impact on how legal aid is perceived by local institutions and host community members in Turkey.

Another main goal of SILA Phase II is to raise awareness throughout Turkey by advertising these accomplishments and informing people about the availability of legal aid services.

The key stakeholders for this project are the Union of Turkish Bar Associations, Ministry of Justice, Bar Associations and lawyers as they will receive the most benefits and be furthest affected from the project activities. With such key partners, SILA Phase II achievements will create more opportunities, regarding protection, for people subjected to violence and provide them with durable solutions. Furthermore, vulnerable people and victims of gender-based violence will have more power in terms of legal protection and they will know that their voices will be heard. The project aims to empower women and give freedom to people subjected to violence. By the development of the legal system in Turkey, people’s protection and access to justice will be increased.