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AVUKAT SABRİ GÜNGEN
Siverek, Turkey

1 person in their team
AVUKAT SABRİ GÜNGEN is a Siverek-based legal practice serving clients in Şanlıurfa and across Turkey. Its stated focus is criminal defense and human rights law, with representation in criminal proceedings and individual applications to national and international human rights courts.The practice...
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A conviction in Siverek can be challenged through specific Turkish procedures

Turkish law does not provide a separate “wrongful conviction” lawsuit. A person who believes a criminal conviction is unsafe may challenge it through an appeal, a request for retrial on limited grounds, or a rights application after the required court remedies.

For a case heard in Siverek, the judgment and its written reasons determine the available route and deadline. An appeal is generally lodged through the court that issued the judgment, for review by the competent regional appellate court; further review may be available in cases allowed by law.

Possible issues include unreliable witness identification, disputed forensic or digital evidence, an inadequate defence, or failure to provide interpretation when needed. A lawyer can examine the court file, identify which procedure remains open, and explain whether new evidence could support a retrial request.

When legal representation can make a practical difference

  • A criminal court in Siverek has convicted someone, and the family needs to understand the judgment, appeal grounds, and filing deadline.

  • A witness identification, interview, or confession is disputed, including concerns about how the evidence was obtained or recorded.

  • Phone records, camera footage, forensic reports, or other evidence may contradict the prosecution’s account but were overlooked or misunderstood.

  • The accused did not understand the proceedings or did not receive adequate interpretation, including when communication in Kurdish was needed.

  • Important new evidence has emerged after the conviction became final, and counsel needs to assess whether statutory grounds for retrial apply.

  • The person was detained and later acquitted or otherwise falls within a statutory compensation category; a lawyer can assess whether a claim is available and timely.

Turkish laws governing challenges to criminal convictions

Criminal Procedure Code (Law No. 5271): In force since 1 June 2005, it governs criminal trials, appeals, retrials, and specified compensation claims. Law No. 7499, published on 12 March 2024, amended several procedural rules; the applicable deadline can depend on the decision and its date.

Constitution of the Republic of Türkiye: The Constitution, adopted in 1982 and amended over time, protects fair-trial rights and access to legal remedies. Those protections may be relevant to an individual application after ordinary remedies have been exhausted.

Law on the Establishment and Rules of Procedure of the Constitutional Court (Law No. 6216): This 2011 law regulates individual applications to the Constitutional Court. Such an application is not another ordinary appeal and generally must be filed within 30 days after notification of the final remedy decision.

Frequently asked questions about challenging a conviction

Is there a separate wrongful-conviction case in Turkey?

No separate lawsuit uses that label. A conviction is challenged through the criminal procedure remedies available for that particular decision, or through a rights application when its requirements are met.

How soon must an appeal be filed?

For many criminal judgments, the current appeal period is two weeks from service of the reasoned judgment. Exceptions and transitional rules can apply, so a lawyer should check the judgment date, service record, and type of decision immediately.

Where is an appeal from a Siverek judgment filed?

An appeal is generally submitted through the court that issued the judgment. The competent appellate court then reviews the case under the applicable procedure; the correct route depends on the court and decision involved.

Can a final conviction be reopened?

A retrial may be requested only on grounds set out in the Criminal Procedure Code, such as certain newly discovered facts or evidence. It is not a general second appeal, and the court must assess whether the legal conditions are satisfied.

What evidence may help show that a conviction is unsafe?

Potentially relevant material includes newly available witness statements, records that contradict the trial evidence, expert analysis, or proof that evidence was assessed incorrectly. Counsel should check how the material was obtained and whether it can be used in the chosen procedure.

Can someone apply to the Constitutional Court after losing an appeal?

Potentially, if the person alleges a constitutional rights violation and has first used the required effective remedies. The application generally has a 30-day deadline after notification of the final remedy decision.

Can the case go to the European Court of Human Rights?

An application may be possible after domestic remedies have been exhausted and the European Convention requirements are met. The general filing period is four months from the final domestic decision, but admissibility rules are strict and the Court is not another appeal court.

Can an acquitted person claim compensation for detention?

Possibly, but acquittal alone does not automatically establish a right to compensation. The Criminal Procedure Code lists specific circumstances and procedures, so eligibility and the deadline must be checked against the case record.

How much does a lawyer cost in Siverek?

Fees depend on the stage, complexity, and work required, and should be agreed in writing. The applicable Turkish Bar Association minimum fee tariff and possible court or expert expenses may also affect the total cost.

Is free legal help available?

The Şanlıurfa Bar Association can explain whether its legal-aid service may assist based on the applicant’s circumstances. Court-appointed defence under the Criminal Procedure Code is a separate process with its own eligibility rules and is not automatic in every case.

Does a delay in discovering new evidence prevent a retrial request?

It may affect the legal route or timing, depending on the ground relied upon and when the evidence became known. A lawyer should review the judgment and evidence promptly rather than assume a retrial remains available.

Official sources in and relevant to Siverek

  • Siverek Courthouse (Siverek Adliyesi): The local courthouse handles criminal proceedings within its jurisdiction and can provide procedural information about filing documents in a case.

  • Şanlıurfa Bar Association (Şanlıurfa Barosu): The provincial bar can provide information about local lawyers and its legal-aid service.

  • Constitutional Court of Türkiye: The Court receives individual applications alleging violations of constitutional rights after the required domestic remedies have been exhausted.

Steps to find and hire a lawyer

  1. Secure the judgment and file details. Obtain the reasoned judgment, service date, case number, and any appeal or detention decisions as soon as possible.

  2. Check the deadline immediately. Within the first few days, ask a criminal-law lawyer to identify the available appeal, retrial, or rights-application route.

  3. Contact local professional sources. Ask the Şanlıurfa Bar Association about finding counsel or applying for legal aid; request an interpreter if needed.

  4. Arrange an initial case review. Provide the judgment and available evidence, and ask the lawyer to explain the strongest legal issues and urgent filing steps.

  5. Ask for a written fee agreement. Confirm the scope of work, payment schedule, likely expenses, and whether later appeal or constitutional proceedings are included.

  6. Preserve relevant evidence. Keep original documents and devices secure, record where new evidence came from, and avoid altering or circulating potentially sensitive material.

  7. Confirm the filing and next date. After the lawyer files, obtain proof of submission and ask how to track the case and respond to further court notices.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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