Turkey has Become in Need of a Contemporary Disclosure and Submission System for Full Exposure of Truth in Resolution of Conflicts

This article was published in the 2010/11 edition of the Galatasaray University Faculty of Law Journal and closely concerns the Turkish judiciary. In it, I highlight that there is a recognition that, when faced with government authorities and public administrations (the courthouse in particular), it is detrimental to be honest. Therefore, established social values such as honesty and integrity are being eroded.

Some Turkish citizens see the judiciary not as an authority for resolution of conflict, but as an authority they can abuse and wield as an instrument to achieve their own goals. It is increasingly prevalent for people involved in legal cases to disclose only information which suits their purposes and conceal others, rather than pursuing full disclosure.

The fundamental reason for that is the rules of procedure and the proceedings which may be summarised as “Assert and claim to the extent you can prove.” However, disclosure of the facts, realities and evidence around the conflict fully and honestly before the judicial authorities is essential, as they are the final authority for resolution. Courts that fail to find the truth will inevitably contribute to a sense of scepticism around the existence of justice. For this reason, Turkey is definitely required to encourage honesty and integrity in resolution of conflicts and to transform the existing deteriorating mentality into a corrective and rehabilitative one.

The judicial authorities and bodies should be used for the resolution of conflicts and the reestablishment of cooperation among individuals, forming a background of conciliation and peace.