What is the right to refuse to testify?

Witness Testimony in the Code of Civil Procedure

Individuals who are not parties to the case may be named as witnesses. A party wishing to name witnesses must submit to the court a list containing the details of the event they wish to witness, along with the full names and addresses of the witnesses to be served. Individuals not included in this list cannot be heard as witnesses, and a second list of witnesses cannot be submitted to the court.

If no address is listed in the witness list, or if the witness is not present at the address provided, the party listing the witness will be given time to provide an address. If this address is also incorrect, the hearing of that witness will be considered cancelled.

If the court determines that the testimony of only some of the presented witnesses is sufficient to provide evidence regarding the matter at hand, it may decide not to hear the other witnesses.

Situations where giving testimony requires permission:

Public employees, even after leaving their positions, cannot be called as witnesses on matters they were required to keep confidential in the course of their duties, unless they have the written permission of the official authority to which the confidentiality belongs.

Unless the testimony is found to be contrary to the public interest, permission cannot be refused. This permission is requested in writing upon a court order, and once permission is granted, the witness is summoned and heard.

What happens if someone fails to comply with a court summons to testify?

Except as specified in the law, everyone summoned to testify is obliged to comply with the summons. A witness who fails to appear without giving a reason after being duly summoned will be brought by force.

In addition, the witness will be ordered to pay the expenses incurred due to their non-appearance and a disciplinary fine of up to 500 TL. If the witness, who was brought by force, informs the court in advance of justifiable reasons for not complying with the summons, the expenses and disciplinary fine imposed against them will be waived.

Who has the right to refuse to testify?

A person summoned as a witness may refuse to testify in circumstances explicitly defined by law.

If a person has personal grounds for refusing to testify, the judge shall remind the summoned witness in advance of their right to refuse to testify.

Those who have the right to refuse to testify for personal reasons:

-Fiancé of one of the two sides

-Even if the marriage bond has been dissolved, the spouse of one of the two parties

-Their or their spouse's descendants or ancestors

-Those who have an adoptive relationship with one of the parties

-Relatives by blood or marriage, including those of the third degree, even if the marital bond that formed the relationship has been dissolved

-Foster families and their children, and children placed under protection

Those who have the right to refuse to testify due to confidentiality:

Individuals whose testimony is required to concern information that is legally classified may refuse to testify on such matters.

Subject to the provisions of the law governing the legal profession, those who have given permission for the disclosure of a secret cannot refuse to testify.

Refusal to testify due to the risk of a breach of interest:

If the witness's testimony will cause direct material harm to the witness or a close relative;

If the witness's testimony could damage their own reputation or the reputation of a close relative, or could lead to a criminal investigation or prosecution;

A witness may refuse to testify if their testimony would reveal secrets related to their profession or trade.

Is there a penalty for perjury?

If the judge obtains sufficient evidence or indications that the witness lied during testimony or testified for personal gain, the judge prepares a report and sends this report to the public prosecutor's office.

The judge may also order the arrest of the witness and any accomplices, and refer them to the public prosecutor's office for prosecution.