Definition and Legal Regulations on Illegal Evidence

In the Turkish legal system, evidence obtained unlawfully is inadmissible in court. This principle is clearly stated in both the Constitution’s Article 38 and Article 189 of the Code of Civil Procedure (6100). Additionally, the Turkish Penal Code outlines that presenting such evidence can sometimes constitute a crime.

Photographs and Video Recordings

One of the most common forms of illegal evidence in divorce cases involves photographs and video recordings. Parties sometimes hire private detectives or secretly capture images from social media accounts to use as evidence. However, according to Turkish Supreme Court decisions, photographs taken by detectives or images obtained through fake profiles are considered illegal and cannot be used to determine fault. For instance, the Supreme Court’s decision (Yargıtay 2. HD, E. 2018/1268, K. 2019/3978) states that such evidence is inadmissible.

Audio Recordings

Audio recordings obtained without consent are also deemed illegal. Installing spyware on a spouse’s phone to capture audio is considered unlawful. The Supreme Court’s decision (Yargıtay 2. HD, E.2015/26918, K.2017/6688) confirms that such evidence cannot be used to determine fault in a divorce case.

Phone Conversations

Recording phone conversations without the other party’s consent is another form of illegal evidence. According to the Supreme Court’s decision (Yargıtay 2. HD, 2015/12716 E., 2016/2538 K.), phone conversations obtained unlawfully cannot be accepted as evidence in a divorce case.

Messages

Messages exchanged between parties via mobile phone or social media are admissible as evidence, provided they were obtained legally. However, messages obtained by hacking or without the owner’s knowledge are considered illegal. Third-party messages can be used as evidence if they are willingly provided by the third party involved.

Diaries, Memoirs, and Notebooks

Items containing personal information, such as diaries and memoirs, obtained through force, fraud, or secrecy, are considered illegal evidence. However, if these items are found in shared living spaces, they may be admissible. The Supreme Court’s General Assembly decision (E. 2002/2-617, K. 2002/648) provides a detailed explanation of this principle.

Challenges Faced by Foreigners in Turkey

Foreigners involved in divorce cases in Turkey must navigate several unique challenges when presenting evidence. Understanding the legal landscape is crucial to avoid pitfalls. Here are some specific challenges foreigners might face:

Language and Cultural Barriers

Legal processes and regulations in Turkey can be complex and difficult to understand for foreigners. Language barriers can hinder effective communication and defense in court. Therefore, hiring a professional translator or lawyer is essential. At Alfalaw, they have lawyers that speak many languages like English, French and more. Contact us.

Lack of Legal Awareness

Foreigners may not be fully aware of how the Turkish legal system differs from their home countries. This lack of awareness can lead to mistakes, such as presenting illegal evidence in court. Understanding that illegally obtained evidence is inadmissible in Turkey is crucial for foreigners.

Social Media and Privacy

Foreigners should be cautious about their social media activity, as content shared on these platforms can be used as evidence. However, illegally obtained social media content, such as through fake profiles or without consent, is inadmissible. It is important to manage privacy settings and use social media responsibly.

Conclusion

Understanding the intricacies of presenting evidence in Turkish divorce cases is vital for both Turkish citizens and foreigners. Illegal evidence, such as unlawfully obtained photographs, audio recordings, and messages, cannot be used in court. For foreigners, navigating the Turkish legal system requires awareness of local laws, careful management of personal information, and often, professional legal assistance.

By being aware of these challenges and the regulations surrounding illegal evidence, individuals can better navigate divorce proceedings in Turkey and avoid legal pitfalls.