In our capacity as a members of the commitee of the Stop the Blackmail in North Cyprus, Pembe and I have obtained from the Baro Council the information you will need if you wish to make an official complaint against an Advocate.
If you wish to submit such a complaint, and want our help, please do not hesitate to ask. If you prefer to send your complaint in directly that is fine also, we would ask that you to tell us so that we can progress your complaint for you.
I would like to thank Mr. Feyzi Hansel Secretary General at the Baro Council for providing us with this information.
1. To make a complaint against an advocate is very easy. We don’t have any application form for this aim. But the complainant shall write a letter to the related Local Bar Committee explaining the facts and the complaints. The letter shall contain the complete name and surname of the complainant and his/her full contact references.
2. It is preferable for us if the complaint and/or the letter will be in Turkish. Because the Disiplinary Board Members’ English may not be good enough for understanding the facts and/or complaints. But this is not compulsory.
3. According to Cap 2 Advocates Law, the complaints shall be made to Local Bar Committees. Let me give you the contact references of the Heads of Local Bar Associations:
A. Nicosia Turkish Bar:
Head of the Committee/Bar Mr. Erdaş ERBILEN (English Speaking) (Mobile Number: +905428848808) (E-mail: [email protected])
B. Kyrenia Bar:
Head of the Committee/Bar Mr. Buğra AKTER (English Speaking) (Mobile Number: +905338409944) (E-mail: [email protected])
C. Famagusta Bar:
Head of the Committee/Bar Mr. Ahmet DEMİREL (Mobile Number: +905428652565) (E-mail: [email protected])
D. Güzelyurt Bar:
Head of the Committee/Bar Mrs. Zehra DELİBAŞ (Mobile Number: +905338644784)
4. Procedure, Time Limit and Guarantee: The disciplinary procedure starts with the complaint. Upon a complaint, the Local Bar Committee shall decide whether disciplinary investigation is required or not. If it is decided that an investigation shall be started, Local Bar Committee shall appoint an investigation officer for the matter. The Local Bar Committee, shall complete the procedure as soon as possible, but not exceeding six months from the date of complaint. Within the six-month time period, the Local Bar Committe shall decide whether to send the investigation report to the Bar Council for disciplinary action or rejecting the complaint. If the complaint is rejected, the Local Bar Committe shall inform and/or notify the complainant about the circumstance and/or decision officially. Upon this notification, within a month period, the complainant may make an application to the Bar Council for reviewing of the decision made by The Local Bar Committe. In this condition, the Bar Council shall make a decision within two months. Otherwise the application is deemed to be rejected. If the Bar Council reject the application, it shall inform and/or notify the complainant officially. The complainant may start a litigation against Bar Council before to the High Court of Administration, if the applicaiton is rejected and/or deemed to be rejected. If the Local Bar Committee decide to transfer the matter to the Bar Council for disciplinary action, The Bar Council shall, within a month, appoint a prosecutor, prepare the charge sheet and transfer the matter to the Disciplinary Board for disciplinary trial. The disciplinary board shall complete the disciplinary trial and make a decision within six months. Disciplinary Board shall inform and/or notify the complainant from the decision. The complainant may make an application against the decisions of the Disciplinary Board before to the High Court of Administration.
5. According to the Cap. 2 Advocates Law, the decisions of the Disciplinary Board, can only be shared with the Bar Council, Chief Registrar, the related advocate and the complainant. So it’s not a public information. (Editor: so no one will know if an Advocate has been disciplined)
from the Baro Council
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