Have the capitulations returned? Striking 'Syrian Family Law' claim from Ümit Özdağ
Zafer Party Chairman Ümit Özdağ has claimed that the Ministry of Justice has sent a book titled "Syrian Family Law" to family courts, and that courts will now evaluate cases involving Syrians—including divorce, property assets, and all matters of family law—according to Syrian law.
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Sharing the book titled "Syrian Family Law" on his social media account, Ümit Özdağ stated, "The Ministry of Justice has sent this book to all family courts. Syrian family law. Judges are reportedly going to make evaluations according to Syrian law in cases involving Syrians regarding divorce, property assets, and all matters concerning family law."
Noting that the state covers litigation costs when Syrians file lawsuits, Özdağ said, "A lawyer is appointed via the CMK (Code of Criminal Procedure), and the state covers the notification expenses. Each notification costs 15 thousand TL. Sometimes 3 separate notifications are issued; meaning 45 thousand liras are paid from the treasury for Syrians," he said.
WHAT DID THE CAPITULATIONS IN THE JUDICIAL FIELD COVER?
Within the scope of the capitulations applied to the Ottoman Empire, the capitulations in the field of law under the heading of "Judicial Privileges" were as follows:
"The adjudication of cases between foreigners in the Ottoman Empire was under the authority of judges and courts in consulates. Cases involving Ottomans were only heard in courts in the presence of an interpreter from the consulate to which the foreigner was affiliated. If the interpreter did not arrive or left the case, the case would remain as it was. The right to oversee foreigners belonged to the consuls. Without an interpreter, a person could not be taken into custody even in the case of being caught in the act. A convicted foreigner would serve their sentence not in Ottoman prisons, but in the prisons of their own consulates. All kinds of judicial notifications were made by the consulates."