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Court of Cassation (Turkey)

Court of Cassation
Yargıtay
High Court of Appeals of Turkey seal.png
Seal of the Court of Cassation
Established 1868
Country Turkey
Location Ankara
Coordinates 39°55′00″N 32°51′11″E / 39.916694°N 32.852926°E / 39.916694; 32.852926Coordinates: 39°55′00″N 32°51′11″E / 39.916694°N 32.852926°E / 39.916694; 32.852926
No. of positions 30 chambers of five members
Website www.yargitay.gov.tr
First President (Birinci Başkan)
Currently İsmail Rüştü Cirit

The Court of Cassation, also called Supreme Court of Appeals of Turkey (Turkish: Türkiye Cumhuriyet Yargıtay BaşkanlığıYargıtay for short) which was founded in 1868 is the last instance for reviewing verdicts given by courts of criminal and civil justice.

The institution of the court of appeals was Divan in the Ottoman Empire until the 19th century. The first modern court of appeals (Divan-ı Ahkam-ı Adliye) which was the first form of today's Yargıtay was established during the reign of Abdülaziz on 6 March 1868. There are different view on the date of foundation. Some jurists hold that 6 March 1868 is the founding date when the Padishah announced his will and others hold that 1 April 1868, when the statute of the court was passed is the founding date. Its first president was Ahmet Cevdet Pasha, the governor of Aleppo. The high court was composed of members from Muslim and non-Muslim communities in a ratio of two thirds and one third respectively. The name "Divan-ı Ahkam-ı Adliye" was changed June 18, 1879 to "Mahkeme-i Temyiz" (Appeal Court) by an act on foundation of courts.

During the Turkish War of Independence, "Mahkeme-i Temyiz" transferred its case files to a Temporary Committee of Appeals (Muvakkat Temyiz Heyeti), which was formed on June 7, 1920 in Sivas by the government that replaced the government in İstanbul upon the dissolution of the Ottoman Empire. On 7 June 1920 the Grand National Assembly of Turkey passed a law that established four chambers for appeal cases referring to civil, criminal, religious justice and one for petitions. The Court of Cassation in Istanbul continued to exist. When Istanbul came under the reign of the national government on 4 November 1922 the court were united by transferring the files from Istanbul to Sivas. The Temporary Committee of Appeals moved from Sivas to Eskişehir on November 14, 1923 due to better transportation potential. At the same time, the committee's name was changed to Court of Appeals (Temyiz Mahkemesi).


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