Witness testimony constitutes one of the most fundamental means of evidence in both civil and criminal proceedings under Turkish law. The legal system treats the act of bearing witness not as a personal choice but as a civic duty arising from public law. Every individual who has perceived facts relevant to a dispute through their senses may be called upon to appear before a court and share what they know. The rules governing this obligation, the procedural safeguards afforded to witnesses, and the penalties attached to non-compliance or dishonesty form a detailed and carefully structured body of law.
The principal statutes regulating witness testimony are the Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu, hereinafter “CCP”) for civil matters and the Code of Criminal Procedure No. 5271 (Ceza Muhakemesi Kanunu, hereinafter “CrPC”) for criminal matters. Additional protections are provided under the Witness Protection Law No. 5726 and relevant provisions of the Turkish Criminal Code No. 5237.
Legal Definition and Nature of Witness Testimony
A witness is a third party who is not a party to the proceedings but who has acquired knowledge of the facts at issue through direct sensory perception, whether by seeing, hearing, or being physically present at the relevant event. Turkish jurisprudence consistently defines the witness as a person who conveys his or her perceptions before competent authorities. Importantly, the existence of a personal relationship between the witness and one of the parties, including friendship or enmity, does not disqualify that person from serving as a witness, although such circumstances are taken into consideration when evaluating the weight of the testimony.
A party to a lawsuit has the right to designate any person as a witness without obtaining that person’s prior consent. There is no obligation to inform a prospective witness before including their name on a witness list. This means that individuals may learn of their designation as a witness only upon receiving a court summons.
Obligation to Testify and Consequences of Non-Compliance
Turkish law imposes a general obligation to testify. Under Article 245 of the CCP, a witness who has been duly summoned and fails to appear without a valid excuse shall be brought by force. The same article empowers the court to order the witness to bear the costs arising from the delay caused by non-attendance. In criminal proceedings, Article 44 of the CrPC contains a similar provision allowing the forcible attendance of a witness who disregards a lawful summons, along with an order to pay the costs incurred as a result.
Beyond the forced attendance mechanism, civil courts may impose disciplinary fines. Article 253 of the CCP provides that a witness who refuses to testify without a lawful reason, who refuses to take the oath, or who persists in refusing despite the court’s rejection of the stated reason shall be punished with a disciplinary fine ranging from five hundred Turkish Liras to five thousand Turkish Liras and shall be ordered to pay the expenses caused thereby, and the hearing shall be adjourned to another date for the witness to be heard again.
The summons sent to the witness must include specific information as required by Article 244 of the CCP. This includes the name and address of the court, the date and time of the hearing, the subject matter on which the witness is expected to testify, and an explicit warning about the legal and criminal consequences of failing to attend, refusing to testify, or refusing to take the oath.
How Witnesses Are Heard in Court
The procedure for hearing witnesses reflects the principle of immediacy that underpins Turkish procedural law. Article 259, paragraph 1 of the CCP establishes that witnesses shall be heard in the court where the case is being tried. The judge personally conducts the examination. If the court deems it necessary for the discovery of the truth, it may order the witness to be heard at the place where the event occurred or where the relevant object is located. A witness who is unable to attend due to illness or disability shall be heard at the place where they are situated. When a witness resides outside the territorial jurisdiction of the court, the court may order that the witness be heard by a court in the witness’s locality through a procedure known as rogatory examination.
Before any testimony is taken, the court conducts an identity verification under Article 254 of the CCP. The witness is asked about their name, surname, date of birth, occupation, address, and relationship with the parties. Following the identity check, the judge informs the witness of the subject matter on which testimony is to be given, as stipulated by Article 260 of the CCP, which provides that before hearing the witness, the judge shall inform the witness about the matter on which they will testify and shall request the witness to state what they know concerning the relevant issues.
Article 261 of the CCP sets out the manner in which testimony is to be delivered. Witnesses are heard individually, and those who have not yet been heard may not be present in the courtroom while another witness is testifying. When necessary, the court may confront witnesses with each other. The witness is required to present testimony orally and is heard without interruption. During the examination, the witness may not use written notes.
In criminal proceedings, Article 201 of the CrPC establishes a cross-examination procedure under which the parties and their legal representatives may pose questions to the witness. The presiding judge supervises this process to ensure that questions remain relevant and appropriate.
The Right to Refuse Testimony
While the duty to testify is a general obligation, Turkish law recognizes several categories of exemption in both civil and criminal proceedings.
In civil cases, the CCP establishes three grounds for refusal. Article 248 governs refusal on personal grounds. The following persons may decline to testify: the spouse or former spouse of a party, the fiancé or fiancée of a party, blood relatives and relatives by marriage in the direct ascending or descending line, collateral blood relatives up to the third degree, relatives by marriage up to the second degree, persons connected through adoption, and foster families together with the children under their care. Article 249 addresses refusal based on professional secrecy. Attorneys, physicians, dentists, pharmacists, midwives, notaries, and financial advisors may refuse to testify regarding matters they have learned in the course of their professional duties. However, if the owner of the secret grants permission for disclosure, these individuals may no longer refuse, with the exception of attorneys whose position is further protected by the Attorneys Act No. 1136. Article 250 covers refusal on the ground of potential harm to interests, applicable when the testimony would cause direct material damage to the witness or to persons listed in Article 248, when it would violate the honour or reputation of such persons, or when it would give rise to criminal proceedings against them.
Article 247, paragraph 2 of the CCP places an affirmative obligation on the judge. When the identity check reveals that the witness falls within a category entitled to refuse testimony, the judge must proactively inform the witness of this right before proceeding.
However, Article 251 of the CCP introduces exceptions to the right of refusal. Even persons who would otherwise be entitled to refuse cannot do so in four specific situations: when they were present as a witness at the time a legal transaction was performed, when the testimony concerns births, deaths, or marriages within the family, when the testimony relates to financial disputes arising from family relationships, and when the testimony pertains to acts carried out by the witness as the legal predecessor or representative of one of the parties.
In criminal proceedings, the CrPC establishes a parallel but distinct framework. Article 45 grants an absolute right to refuse testimony to the spouse, fiancé, direct ascendants and descendants, blood relatives up to the third degree, relatives by marriage up to the second degree, and persons connected by adoption to the suspect or defendant. Article 46 provides a limited right of refusal for defence attorneys regarding matters learned in their professional capacity and for physicians and midwives regarding professional secrets, though the right lapses if the owner of the secret consents. Article 47 subjects the testimony of public officials to the authorization of their superior authority. The President of the Republic retains sole discretion in determining whether matters related to their official duties may be disclosed.
The Oath Requirement and Exceptions
The administration of an oath is a standard element of the witness examination process. In civil proceedings, the witness takes an oath to tell the truth either before or after delivering testimony, as provided in Article 256 of the CCP.
In criminal proceedings, the CrPC specifies certain categories of witnesses who must be heard without an oath. Under Article 50 of the CrPC, the following witnesses shall not be sworn in: those who have not completed the age of fifteen at the time of the hearing, those who lack the capacity to discern and therefore cannot comprehend the nature and significance of the oath, and those who are suspected, accused, or convicted of participation in the offence under investigation or of harbouring the offender or destroying, concealing, or altering evidence related to the offence. Additionally, persons who have the right to refuse testimony under Article 45 of the CrPC may, even if they choose not to exercise their right of refusal and proceed to testify, still decline to take the oath.
Perjury Under Turkish Criminal Law
False testimony is treated as a serious offence under Turkish law, classified among crimes against the judiciary in the Turkish Criminal Code. Article 272 of the TCC establishes a graduated penalty structure that reflects the gravity of the proceedings in which the perjury occurs and the consequences it produces.
The basic offence, as defined in Article 272, paragraph 1, provides that any person who gives testimony contrary to the truth before a person or body authorized to hear witnesses in the context of an investigation initiated due to an unlawful act shall be sentenced to imprisonment from four months to one year. When the false testimony is given before a court or before a person or body legally authorized to administer oaths, the penalty increases to imprisonment from one to three years under paragraph 2. If the perjury occurs during the investigation or prosecution of an offence carrying a prison sentence exceeding three years, paragraph 3 prescribes imprisonment from two to four years.
The penalties escalate further based on the consequences of the false testimony. If a protective measure other than detention or arrest has been imposed on the person against whom the false testimony was given, the sentence is increased by half. If the false testimony results in detention or arrest, the perjurer is additionally held liable as an indirect perpetrator of the offence of unlawful deprivation of liberty. In the most extreme scenario, if the person against whom the false testimony was given is sentenced to aggravated life imprisonment or life imprisonment, the perjurer faces imprisonment from twenty to thirty years.
The law also provides for active repentance under Article 274 of the TCC. If the witness reveals the truth before any decision restricting the rights of the person against whom the false testimony was given, no penalty is imposed. If the truth emerges after such a decision but before a final judgment, the penalty may be reduced by between two-thirds and one-half. If the truth is disclosed before the conviction becomes final, the reduction ranges from one-half to one-third.
Perjury is not subject to a complaint requirement and does not fall within the scope of mediation. The proceedings are conducted as a public prosecution before the Criminal Court of First Instance.
Witness Protection Measures
The Witness Protection Law No. 5726, which entered into force on 5 July 2008, provides a framework for protecting witnesses whose life, physical integrity, or property faces a serious and substantial threat as a result of their testimony or protective role in criminal proceedings. The protection extends to the close relatives of such witnesses as well.
Available measures include concealment of the witness’s true identity and address information, assignment of physical protection, technical surveillance countermeasures, relocation of the witness’s place of residence, and in certain cases, temporary or permanent change of identity. The law also establishes the legal basis for anonymous witness testimony under Article 58 of the CrPC, whereby the witness may be heard without revealing their identity to the parties, subject to strict judicial oversight and proportionality requirements.
Rights of the Witness During Proceedings
Beyond the right to refuse testimony in specified circumstances, witnesses enjoy several procedural rights. A witness is entitled to be informed of their rights, including the right not to make statements that would incriminate themselves or their close relatives. Article 43, paragraph 1 of the CrPC mandates that the witness be notified of the consequences of non-attendance, though the specific content of this notification has been the subject of doctrinal discussion.
Witnesses are also entitled to reimbursement for travel expenses and compensation for lost working time incurred as a result of their attendance at court. This right ensures that the civic obligation to testify does not impose an undue financial burden on the individual.
It should be noted that statements taken by law enforcement officers during the investigation phase do not constitute witness testimony in the formal sense. Under the CrPC, law enforcement lacks the authority to hear witnesses; accordingly, statements recorded by the police or gendarmerie are characterized as informal interviews rather than sworn testimony. The Court of Cassation has confirmed that false statements made before law enforcement do not give rise to the offence of perjury, since the essential prerequisite of testifying before an authorized person or body is not met.
About Attorney Ozan Soylu
Attorney Ozan Soylu is an Istanbul-based lawyer assisting foreign nationals with a wide range of legal matters in Turkey, including family law, criminal defence, real estate, immigration, and civil litigation. With a client-centred approach and experience in cross-border legal issues, he provides guidance to individuals navigating the Turkish legal system from abroad or within the country.
For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.
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