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NATIONAL JUDICIARY INFORMATICS SYSTEM The Ministry of Justice has

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NATIONAL JUDICIARY INFORMATICS SYSTEM The Ministry of Justice has

    NATIONAL JUDICIARY

    INFORMATICS SYSTEM

    The Ministry of Justice has prepared a “National Judiciary Informatics System (UYAP)”,

    which is to implement a very ambitious information system between the Courts and all other

    institutions of the Ministry, including prisons. UYAP equipped these institutions with computers,

    network and internet connection and to give them access to all the legislation, the decisions of the

    Court of Cassation, judicial records, judicial data of the police and army records. Thus UYAP

    establishes an electronic network covering all Courts, Offices of Public Prosecutors and Law

    Enforcement Offices together with the Central Organization of the Ministry of Justice.

    GENERAL INFORMATION ABOUT TURKISH JUDICIARY

    Turkey has…

     134 High Criminal Courts Centres

     And in 575 districts totally 708 courthouses,

     425 Penitentiary and Detention Houses ,

     25 Forensic Medicine Units,

     All in all, 7751 Courts, Public Prosecutor Services and Enforcement Offices

     In civil judiciary 5951 judges and 3739 public prosecutors,

     818 administrative judges in administrative courts

    Turkey is among the twenty most populous countries of the world with its 75 million populations. The court authorities in Turkey have annual huge working load. They labour under

    the burden. Workload at the Turkish juridical like this:

    WHAT IS UYAP?

    UYAP is an e-justice system as a part of the e-government, which has been developed in order to ensure fast, reliable, soundly operated and accurate judicial system. As a central network

    project it includes all of the courts, public prosecutors services, prisons, other judicial institutions

    and other government departments in Turkey. UYAP, the most outstanding information system

    in Turkey, was prepared and established by MoJ to improve the functioning and efficiency of the

    judiciary and to create an effective and less bureaucratic judicial system for each concerned

    institutions and citizens.

    UYAP was awarded for annual e government prize of Turkey in 2004 , 2005 and 2008 because of making significant breaktrough in Turkish judiciary. In 2008, UYAP has received a

    special mention in ''Crystal Scales of Justice'' awards which is organised by the Council of

    Europe and the European Commission.

    WHY UYAP ?

    The Turkish Constitution sets out in Art. 2 that the Republic of Turkey is a democratic, secular and social state governed by the rule of law. And under Art. 36, everyone has the right to

    a legal remedy either as plaintiff or defendant and the right to a fair trial before the courts. In

    view of the above provisions, it may be said that the Turkish state has a duty to establish an

    effective mechanism for the realization of access to justice.

    The employees, who work in judicial section, have being used very old technologies. Cases have being drived to long in the scales. It has being taken up long time to come to a

    conclusion the cases. The problems faced by the judiciary are complex, ranging from the

    enormous workload, inadequate training, information and monitoring. Legal procedures were

    complicated and disorganized. It must be carried out a reform on judicial sector in Turkey.

    e-Transformation Turkey " on the way to Information Society" . To clarify the objectives and principles of the project, a Prime Minister's Circular, dated February 27, 2003 has been

    issued. According to this Circular, the objectives of e-Transformation Project are as follows:

    ? Policies, laws, and regulations regarding ICT will be re-examined and changed if

    necessary, with respect to the EU acquis; eEurope+ Action Plan, initiated for the

    candidate countries, will be adapted to Turkey.

    ? Mechanisms that facilitate the participation of citizens to decision-making process in the

    public domain via using ICT will be developed.

    ? Transparency and accountability for public management will be enhanced.

    ? Good governance principles will be put in place in government services through

    increased usage of ICT. ICT diffusion will be promoted.

    ? Public IT projects (such as UYAP) will be coordinated, monitored, evaluated and

    consolidated if necessary in order to avoid duplicating or overlapping investments.

    ? Judicial and private sector will be guided according to the above-mentioned principles.

    The Accession Partnership with Turkey was adopted on 8 March 2001, and the Government of Turkey prepared a National Plan for the Adoption of the Acquis (NPAA) to

    achieve the objectives stated in the Accession Partnership. Modernisation of justice and penal

    reform are included as fundamental priorities in the Accession Partnership and in the NPAA. In

    the course of progress towards accession to the European Union and in response to the

    obligations of the acquis of the EU and its Member States, the Turkish government, is actively

    following a National Programme for the Adoption of the Acquis. However the objective of the

    process of law approximation is to not only implement the relevant amendments to existing

    legislation but as importantly, to strengthen those institutions responsible for the enforcement or

    implementation of the new procedures and processes.

    Thus UYAP establish an electronic network covering all Courts, Offices of Public Prosecutors and Law Enforcement Offices together with the Central Organization of the Ministry

    of Justice in order to realize these aims.

    PHASES

    The project was started in 2000 and it was completed by the end of 2007. UYAP has been

    planned in two phases:

     First, the central organization in Ankara: The first phase‟s objective is automating the

    procedures of the central organization of the Ministry and its subordinate units. This stage has

    been completed in 2002.

    Second, the countrywide organization Automation of the UYAP Provincial Units: Second

    phase of the project was finalized by the end of 2007. All of the judicial units and agencies make

    use of ICT in their daily processes. All the judiciary processes, transactions and trials transmitted

    to electronic environment .

    UYAP not only Integrated judicial institutions with each other but also with concerned

    institutions. So it is possible to reach every kind of information which is needed during processes.

    In the files criminal records have been accessed online and current. The judicial record database

    has been integrated with database of UYAP. The birth certificate registrations can also be

    accessed online and current by the courts and proceture's offices. All cases in courts can be

    accessible on line by judges. Land Registries and driver registers can be retrieved instantly at the

    beginning of the trials.

    E-Government and UYAP Phases

     UYAP I: automation of MoJ Central Units . UYAP II : automation of

    provincial units (2000-2001)

     The number of users is over 40.000 for the time being

    2000-2007 2000-2007

    Constitutioal Council of Supreme Court State Court UYAP I Ministry of Justice

    Ministry of Justice

    Civil Juristication Record of Record of Convictions Public Prosecuters Administrative Convictions and statistics Record of Convictions and Penal Law Services Law and statistics statistics Administrative Civil Law Services Courts Civil Juristication Enforcement- Tax Courts UYAP II Administrative Bankruptcy Lawyers Administrative Law Citizens Convict-Arrest Management

    Forensic Medicine Lawyers https://avukat.adalet.gov.tr UYAP-Sup.Court Supreme Court Citizen https://vatandas.adalet.gov.tr

    Actual Output and Gains / UYAP’s acquisitions

     Speed and efficiency in judicial operations

     Integration with other justice agencies to enable information exchange with key stakeholders (police, gendarme, prisons, customs, etc.)

     Integration/interfaces with other state‟s information systems and provided Interoperability

    Opportunities

     Transparency in terms of accountability and data accuracy

     Data standards and data standardization to improve data quality and enable reliable operational and management reporting

     Saving in personal i.e. Those who would otherwise be engaged in data processing, clerical and administrative work

     Cheaper judicial services

     Data mining means that collection and dissemination of aggregated data for research for consisting of future plan

     System of alerts to identify users with some described alerts and notices

     Decrease administrative and judicial so to enable workload practitioners to focus on their other priorities

     Obtain central financial control

     Save space with using electronic means instead of paper files

     Access to information and make transaction online, instant and secure

     Flexibility of working hours so if staff wants to work independent from locality and offices

     Performance management through integrated management information

     Data repository and migration will be only in one system for that reason will not be data confusion and duplications

     Simplify process

     Self assessment by staff, they can monitor their works in to electronic means

     Provision of Clear Evidence on performance and quality for inspectors, every processes are logging by system

     Generate data for policy makers

     Prevention of corruption

    Interchanging information between users (free lectern

SCOPES AND INTERFACES

    ? The scope includes all functions required to support and enable transactions via electronic means between judicial institutions .The scope includes also fulfillment of finance and commissioning functions, human resources management, payroll, training management, property management , asset administration and other supporting services ? Flexibility of working hours so if staff wants to work independent from locality and offices. Judges and prosecutors can access to the system from their houses by VPN. ? Audio and video records systems for courts will be installed and be operated on this network.

    ? Immediate procurement of necessary documents such as Criminal Record, Birth and Land Registry, etc.. during trial, evaluation of judicial statistics (for citizen, lawyers,

    judges etc.), ensuring online judicial records, Criminal Records, online population records

    are possible.

    ?

    UYAP consists of these sub-systems:

    ? Penal Law System , Civil Law System

    ? Administrative Law System

    ? Public Prosecutors Services System

    ? Court of Cassation System

    ? Probation System (have been producing)

    ? Verdict Support System

    ? Lawyer Information System

    ? Enforcement-Bankruptcy System

    ? Convict-Arrest Management System

    ? Citizen Information System

    ? Personal Management System, Financial and supply Management System

    ? Training Management System

    ? Document Management System

    ? Forensic Medicine System

    ? General Support System

    DELIVERED HARDWARE

    Computer 28.664

    Laser printer 17.093

    Uninterruptible power supply 6.140

    Laptop 11.113

    Laptop printer 2.800

    Color Printer 418

    Scanner 5.417

    CABLE LAYING

    All judiciary units were connected with each other via sole central network. This

    connection was provided through territorial lines and satellite. These connection types are the

    substitutes for each other. Cable was laid in 807 units to deliver 45.778 connection points across

    Turkey. There are 35.298 activated users in the domain. Satellite devices were set up in 643

    units in order to ensure continious connection .

    TRAINING OF STAFF

    Basic Computer Training 13.000

     UYAP Training 40.000

    When the project came to a certain phase, education effort was started by our Minstry. In this context, in order to let all the judges, Public prosecutors and other personnels learn using

    computer in the scale of Turkey, education was given using the institution‟s resources, in regions

    where it was inadequate. Education was given from the professional educational institutions.

    Later on, as being parallel to the places which were taken into operation, UYAP applications

    education was given to our 40.000 users. Besides this, 1700 persons were educated as expert

    users in order to train other remaining staff and technically back up all users.

    DISTANCE LEARNING

     Within the project of UYAP e-learning, a central control system for distance training was

    established for all users according to their roles and duties. 27.605 personnel have been given

    opportunity to train themselves through internet by using distance learning facilities until now.

    DATABANK

    Creating a Databank: Judges and prosecutors are given opportunity to reach updated legal sources on line by using databank. Namely, legislation, regulations, circulars, template texts,

    holding of the courts, jurisprudence, Circulars, Studies, examplary texts, template texts, sample

    decisions

    ? Legislation

    ? Directives

    ? Sentences

    ? Case law

    ? Judicial essays

    ? Template texts

    ? Circulars etc.

    UYAP’S Web Mail Server

    UYAP‟S Web Mail Server Has 55.000 active USERS. The capacity of the server is

    90.000. By means of virtual discussion forums within judicial organization about jurisprudence is

    in place, information sharing is enabled. Every user can share own experiences, problems and

    ideas with other users via free lectern and he can ask his occupational questions to others, he can

    find solutions for his problems

    FACILITIES FOR CITIZEN AND LAWYER

    Citizens can reach and examine their case information via Internet and learn the day fixed for the trial without going courts. They can be informed via web site about their cases or hearing

    dates. They can submit their claims to court by using their electronic sign and examine their files

    through internet. SMS can also be sent to people who need to be warned when to attend court. It

    allows users to ask for alerts to be sent to them whenever any chosen event occur, by email or

    SMS . (http://vatandas.adalet.gov.tr/proxy/lib/vatandas.html)

Lawyers can :

    ? Pay process and tax fee from his office by use of electronic signature and or on

    Network in Bars rooms through internet banking and UYAP,

    ? Litigate a claim or dispute to court through electronic means,

    ? Review his cases via electronics means

    ? Submit his petition online via UYAP. On line cases have just begun in Turkey within

    UYAP. The substructure of the system providing internet banking due to payments of

    court expenses, charges, fees for lawyers has been set up with UYAP.

    Thanks to the private passwords given to them, they can enter the system from their computer in the bureau. After the system was put into practice which bring easiness to lawyers

    and citizens, it is not necessary to go to courthouses to learn information about the phase of the

    case or to learn the date of the hearing. It is very easy to access their case information for lawyers

    and citizens via internet and this provides 20% save in working hours of the judicial staff.

    DECISION SUPPORT SYSTEM

    With the Decision Support System, procedural mistakes are reduced to a minimum level. The aims of this facility are to prevent procedural errors during legal proceeding, to minimise

    other possible errors, to provide accuracy and speed to the legal proceedings and to accumulate

    public trust in justice . (1350 warning have been produced in the system till this time and they are

    presented for the use of the users.)

    In every stage of investigations, especially during the hearings, the system may suggest some proposals to the users whenever they request or may warn the users in order to prevent

    basic judicial errors. Notices in labels on the screen can suggest some proposals or recommend

    some jobs to the users whenever they want or at important situations by evaluating data files.

    Warnings can also be done in order to prevent basic judicial errors. Owing to this it is expected

    that there can be 80 % decrease in the number of cases returned from supreme Court becouse of

    proceeding error. For example many fugitives were caught thanks to this system. Because the

    system warns users by pop up on the screen if any fugutives‟ data is entered to the system.

    Warrants about fugitives can be sent to all units of judiciary in a very short time and it became very easy to follow and apprehend them.

    DOCUMENT MANAGEMENT SYSTEM

    The Document Management System (DMS): Exchange of the electronic documents between the provinces and centre has been started. At present, all kinds of data, Information,

    documents flow in documentation management system between MoJ and other units

    electronically. Announcements, circulars, opinions, resignition and employment letters of the

    personnel, in additional the data flow and all sorts of communications of the Legal Jurisprudence,

    Administrative Jurisprudence and Justice Commissions with the Ministry are realised with the

    UYAP.

    With our document management software, all documents are just a few clicks away. Judicial units use that system to get documents online and to store and manage them. All

    bureaucratic procedures and formal writings made in the electronic environment, thereby

    avoiding delays and reducing mistakes, especially those related to codes of procedures, as well as

    ensuring some degree of transparency

    UYAP SYSTEM CENTRE AND DISASTER RECOVERY CENTRE

    In establishment of the system centre, magnitude of the system, the speed of technological change, targets for the system upgrade, processes of guarantee for the system, costs of the the

    services and maintenance after guarantee have been taken into account. It is the unique in the

    judiciary world in europe in terms of capacity and capability according to IBM AND ORACLE

    which are the experts in this area. The capacity of the centre is sufficient for more than seventy

    thousand users and it can be upgraded when needed.

    MAGNITUDE OF THE SYSTEM

    ? All over the Turkey, 133 Heavy Penal Court Centres, 25 Administrative Regional Courts,

    575 small county courts and the Penitentiary and Detention Houses have been rolled out

    until now. All of the judicial units and agencies make use of ICT in their daily processes.

    ? There are currently 47.439 users (judges, prosecutors and other staff) doing their all

    judicious job by using system and this number has been rising day by day.

    ? All units have carried out their all processes via UYAP from the beginning of

    dissemiation (26.04.2004) and 10.140.265.232 documents and 57.240.073 files have

    been entered via UYAP until now. In all of the units taken into operation, nearly more

    than 1.000.000 new documents are being entered to the system every day.

    ? The number of documents has been exceeded more than 10 billion and nearly 200.000

    new files are being added everyday

    ? The number of e mail account is 90.000 and there 55.000 active e mail users in the system

    and 250.000 e mails are being processed everyday .

    ? 37.710 lawyers have been registered to lawyer‟s portal using this system actively.

    # of Case Files On the System 57.240.073

    # of User 47.439

    # of Concurrent Process 1.750

    # of New File per Day 200.000

    Average System Login per Day 53.778

    #SQL per second 3.200

    # of Documents per Day 1.000.000

    (Insert)

     # of Documents per Day 400.000 (Insert+Update)

    1.1 Some statistics

Number of UYAP User at 2006 10.012

    Number of UYAP User at the beginning 27.806 2007

    As of now number of UYAP user 48.615

26.10.200711.10.2007 26.09.200711.09.2007Number of Connected Users to UYAP System 27.08.2007 12.08.2007(LOG-IN Numbers) 28.07.2007 13.07.200728.06.2007 13.06.200729.05.200714.05.2007 UYGULAMA SUNUCULARI LOGIN SAYILARI29.04.200714.04.2007 30.03.2007LOGIN SAYISI15.03.2007 28.02.20073000013.02.20072750029.01.2007 14.01.20072500030.12.2006Number of 15.12.200622500Connected 30.11.2006 15.11.200620000Users to 31.10.200616.10.2006UYAP 17500 01.10.2006System 16.09.200615000KİŞİ SAYISI 01.09.2006(LOG-IN 1250017.08.2006Numbers) 02.08.20061000018.07.200603.07.2006 750018.06.200603.06.20065000 19.05.200604.05.20062500 19.04.2006004.04.200620.03.2006 05.03.200618.02.2006 03.02.200619.01.2006 TARİH