What and Where?

We are delighted to announce that the IAP, in close collaboration with the General Prosecution Office of the Supreme Court of Appeal in Türkiye, will host the 1^st IAP Pan European Regional Conference in Istanbul, Türkiye from 2 – 5 May, 2023.

The conference will be hosted at CVK Park Bosphorus Hotel İstanbul.

The first of May is a public holiday in Türkiye, and the entire week (May 1-7) is extremely busy due to massive tourist activity. To avoid disappointment, participants are strongly advised to plan ahead of time for registration and hotel room reservations.

Who can attend?

Registration for the 1^st Pan European Regional Conference in Istanbul, Turkiye is open to IAP Honorary Members, official representatives of IAP Organisational Members, IAP Individual Members, and specially invited observers and guests.

Please note: The IAP reserves the right to refuse registration from members who are not up to date with their membership fee payment.

Online registration will open in 23 December, 2022.

Spouse Programme

We acknowledge that some participants will be accompanied by their spouses in Istanbul. There will be a special tour program for spouses and they are invited to attend the night program.

Technical Support Staff

We recognize the need for some participants to attend the meeting accompanied by either security personnel or interpreters, who will be referred to as technical support staff. It is possible to register technical support staff for the full professional and social program. 

Conference Aim

The original aim of the IAP Regional Conferences was to bring together relatively young and junior prosecutors in an informal atmosphere to join in discussions with colleagues from other countries/jurisdictions and legal systems to gain new insights on problems which they face.

This conference brings together Attorney Generals, Prosecutor Generals and Directors of Public Prosecutions to improve specialised knowledge and to strengthen the prosecutorial networks to continue the sharing of knowledge and experience.

The International Association of Prosecutors (IAP) has a longstanding tradition of organising conferences to provide fora for prosecutors to net- work with colleagues from around the world, and exchange best practices and experiences.

The Annual Conference and General Meeting of the IAP is comparable with a travelling theatre. Even though the venue and geographical context change from year to year, the basic content, structure and performance of the conference stay the same. However, this consistency does not mean strict uniformity - the IAP acknowledges that local traditions may vary and differ from the IAP guidelines, and local identity and customs are welcomed.

Organisational members wishing to Host an Annual Conference should be prepared to meet the requirements set out in this manual.

General Information about the IAP

The International Association of Prosecutors (IAP) is a non-govern- mental, non-political Organisation, and the first and only worldwide or- ganisation for prosecutors. The Association has over 180 Organisational Members, including associations of prosecutors, prosecution authorities and crime prevention agencies. Together with its individual membership the IAP represents over 300.000 prosecutors in over 175 different countries and territories around the world.

The IAP was established on 6 June 1995 at the United Nations Office in Vienna and was formally inaugurated in September 1996 at its first General Meeting in Budapest. The main impetus leading to its formation was the rapid growth in transnational crime, particularly, drug trafficking, money laundering and fraud. An obvious need for enhanced international co-oper- ation between prosecutors was emerging, particularly in the fields of mutual legal assistance, extradition and asset recovery.

The IAP Objects

The IAP Constitution sets out the following Objects of the IAP:

1. To promote the effective, fair, impartial and efficient prosecution of criminal offences.
2. To respect and seek to protect human rights as laid down in the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948.
3. To promote high standards and principles in the administration of criminal justice, including procedures to guard against or address miscarriages, in support of the rule of law.
4. To promote and enhance those standards and principles which are generally recognised internationally as necessary for the proper and independent prosecution of offences.
5. To assist prosecutors internationally in the fight against organised or other serious crime, and for that purpose: 1) to promote international co-operation in gathering and providing evidence; and 2) in tracking, seizing and forfeiting the proceeds of serious crime; and in the prosecution of fugitive criminals.
6. To promote speed and efficiency in such international co-operation.
7. To promote measures for the elimination of corruption in public ad- ministration.
8. To promote the professional interests of prosecutors and to enhance recognition of their crucial role in achieving criminal justice.
9. To promote good relations between individual prosecutors and prose- cution agencies; to facilitate the exchange and dissemination among them of information, expertise and experience; and, to that end, to encourage the use of information technology.
10. To promote examination of comparative criminal law and procedure and to assist prosecutors engaged in justice reform projects.
11. To co-operate with international juridical organisations in furtherance of the foregoing objects.

The IAP Officers and Organs

The Executive Committee is the governing body of the Association, subject to the authority of the General Meeting which is the body of su- preme authority in the Association. The Association elects a President, up to 9 Vice-Presidents and 21 ordinary members of the Executive Committee. The membership of the Executive Committee reflects the regions in the world, where the Association has members.

The Executive Committee appoints a Secretary-General, who is the Chief Executive of the Association, a General Counsel, who is the principal professional representative of the Association responsible for the professional programme of the IAP and provides legal advice and counselling to the Association, and an Executive Director, responsible for the day-to-day management of the Association, to include finances, technical support, communication, membership administration and community outreach.

The Senate of the Association consists of past members of the Executive Committee who elect to join the Senate upon their departure from the Executive Committee, and who are, in the opinion of the President and the Executive Committee, fit and proper persons of good standing and repute in the Association. The Senate operates in conjunction with the President and the Executive Committee. The Senate serves as an advisory body and executes powers to promote the IAP Objects.

The Secretariat of the IAP is based in The Hague, The Netherlands.

The General Prosecution Office of the Supreme Court of Appeal, which has a duty to examine decisions of courts that are appealed, has also other judicial and administrative duties under different laws.

General Prosecutor of the Supreme Court of Appeal

The General Prosecutor of the Supreme Court of Appeal is selected for a four-year term by the President of the Republic of Türkiye from five candidates, all of whom are five-year experienced members of the Supreme Court of Appeal and who have received a majority of votes cast by secret ballot of the members of the General Assembly of the Supreme Court of Appeal. The General Prosecutor can be re-elected.

Deputy General Prosecutor of the Supreme Court of Appeal

The Deputy General Prosecutor of the Supreme Court of Appeal fulfills his assigned duties and substitutes for periods of absence of the General Prosecutor of the Supreme Court of Appeal.

The election process of the Deputy General Prosecutor is the same as that of the General Prosecutor.

Public Prosecutors at General Prosecution Office of the Supreme Court of Appeal  
 
Public prosecutors working at the Supreme Court of Appeal, on behalf of the General Prosecutor, examine cases on appellate review, apply for the reversal of judgments in favor of law, and apply for extraordinary appeal of cases submitted to them. In addition, they perform other duties assigned to them by the General Prosecutor.

Public prosecutors of the Supreme Court of Appeal are appointed by the Council of Judges and Prosecutors, taking into account professional seniority and experience among judicial judges and public prosecutors. There is no term limit for their working duration.

If you wish to download the full PDF regarding the General Prosecutor of the Supreme Court of Appeal, please click here to download it.

Appeal Review

Where appeals are lodged against the decisions of the criminal courts of first instance after the review of regional courts of appeal, those cases are sent to the General Prosecution Office of the Supreme Court of Appeal.

Cases are examined by specialised prosecutors working at the relevant criminal chambers allocated according to the types of offenses. Prosecutors prepare a judicial opinion for each case at the end of their review. After the judicial opinion, the cases are sent to the relevant Criminal Chambers of the Supreme Court of Appeal. The task of preparing these judicial opinions constitutes the predominant part of the work of the General Prosecution Office of the Supreme Court of Appeal.

Review of Extraordinary Appeal: “Objection”

After the appeal review, the Criminal Chambers of the Supreme Court of Appeal sends the cases together with their decisions to the General Prosecution Office of the Supreme Court of Appeal. The General Prosecution Office can apply, ex officio or upon request, an “objection” against a decision of the Criminal Chambers of the Supreme Court of Appeal, in order to eliminate irregularities in a judgment and to ensure harmony in the implementation of legal provisions.

Such a request for extraordinary appeal is made by the General Prosecutor.

Reversal of the Judgment in Favor of Law

Upon a request of the Ministry of Justice or ex officio, the General Prosecutor can apply to the relevant Criminal Chambers of the Supreme Court of Appeal for the reversal of a judgment in favor of law, which becomes final without an appeal. Such an appeal is undertaken in order to eliminate irregularities in the lower court’s ruling.

Investigation of High-Level Public Officers and Representing the Prosecution Authority
 
The General Prosecution Office of the Supreme Court of Appeal is mandated to conduct investigations about high level public officers, prepare indictments, decide whether to prosecute, represent the prosecution at hearings, and resort to legal remedies.

The General Prosecution Office of the Supreme Court of Appeal:

Conducts the investigation and prepares indictments for offences committed during their time in office by high level public officers such as:

• Chief of General Staff
• The Director of Administrative Affairs of the Presidency
• The Secretary-General of the Turkish Grand National Assembly
• Deputy Ministers
• The Director of the National Intelligence Organization
• Governors
• The Commanders of the Land, Naval and Air Forces and the General Commander of the Gendarmerie
• Generals and Admirals
• The Chief Ombudsman and Ombudsmen

Prepares indictment or decides not to prosecute after finalising the case transmitted with a summary of proceedings as a result of investigation on general provisions in case of personal offences within the jurisdiction of heavy penal courts by high level public officers such as:

• The Presidents of the Constitutional Court, the Supreme Court of Appeal, and the Council of State
• The General Prosecutor of the Supreme Court of Appeal and the Council of State
• The members of the Constitutional Court and Members & Chamber Presidents of the Supreme Court of Appeal and the Council of State

Represents the prosecuting authority at hearings when the Constitutional Court acts as “Supreme Court” for proceedings concerning high level public officers such as;

• The President of the Republic of Türkiye
• The President of the Turkish Grand National Assembly
• The Members of the Council of Ministers
• Presidents and Members of the High Courts
• Chief of General Staff
• The Commanders of the Land, Naval and Air Forces and the General Commander of the Gendarmerie

Represents the prosecution authority at the hearings regarding;

• The Presidents of the Constitutional Court, the Supreme Court of Appeal and the Council of State
• The General Prosecutors of the Supreme Court of Appeal and the Council of State
• The members of the Constitutional Court and members and chamber presidents of the Supreme Court of Appeal and the Council of State
• Members of the Council of Judges and Prosecutors
• The Director of Administrative Affairs of the Presidency
• The Secretary-General of the Turkish Grand National Assembly
• Governors
• Deputy Ministers
• The Chief Ombudsman and Ombudsmen
• First Class Judges and Prosecutors
• The Director of the National Intelligence Organization

Duties Relating to Political Parties

The General Prosecution Office is responsible for keeping the registration file of the political parties. It monitors the statutes and programs of the political parties to ensure their compliance with the provisions of the Constitution and the Law.

It also monitors the activities of political parties and, if necessary, conducts investigations. If the statutes and programs of the political parties and their activities are found to be incompatible with the provisions of the Constitution and the Law, the General Prosecution Office is also empowered to file a lawsuit for a political party at the Constitutional Court.

The General Prosecution Office of the Supreme Court of Appeal monitors the activities of the political parties by taking into consideration their objectives within the framework of freedom of political party formation and association.

When it is detected that the statutes, programs and activities of the political parties are not compatible with the Constitution and the laws, the General Prosecution Office takes legal action far from guardianship perspective in accordance with the requirements of democratic life with due respect for the national will.

International Relations

The General Prosecution Office of the Supreme Court of Appeal organises study visits at home and abroad, participates in meetings abroad and organises international meetings with the aim of improving relations with prosecuting and judicial authorities in foreign states and with international organisations, thereby exchanging information and strengthening cooperation.  
 
Further, it hosts foreign delegations and provides information about the judicial and prosecution system in Türkiye as well as the duties and powers of the General Prosecution Office of Supreme Court of Appeal.

The General Prosecution Office of the Supreme Court of Appeal has signed “Memorandums of Understanding” with the General Prosecution Offices of numerous countries in order to strengthen international cooperation and share experiences.