Foreigners Requesting Legal Aid in Türkiye

Meta Description: Can foreigners apply for legal aid in Turkey? A guide on court fees, litigation costs, security deposit requirements, reciprocity, and bar association legal aid applications.

What is Legal Aid?

Legal aid is a legal institution that provides temporary exemption from litigation costs for individuals whose economic situation does not allow them to file a lawsuit or pursue legal proceedings. The aim is to prevent individuals from being deprived of their right to access court due to financial difficulties.

In Türkiye, legal aid is available not only to Turkish citizens but also to foreigners who meet certain conditions. However, foreigners' access to legal aid is subject to some additional requirements.

Can foreigners receive legal aid in Türkiye?

Yes. Foreigners can request legal aid in Turkey. However, according to the Code of Civil Procedure, in addition to the general conditions, the condition of reciprocity is required for foreigners to benefit from legal aid.

According to Article 334 of the Code of Civil Procedure, individuals who cannot cover litigation costs without significantly jeopardizing their own and their family's livelihood may benefit from legal aid, provided their claims are not manifestly unfounded. For foreigners, the condition of reciprocity also applies.

What are the conditions for legal aid?

Generally, the following conditions must be met for a foreigner to receive legal aid in Türkiye:

1. Financial inability: The individual must be unable to pay court fees, advance payments for expenses, expert witness fees, inspection costs, or other expenses.
2. The claim must not be manifestly ill-founded: The lawsuit to be filed must not appear entirely unfair, malicious, or legally impossible.
3. Reciprocity requirement: Turkish citizens must also be able to benefit from legal aid in the country of citizenship of the foreigner.
4. Documentary proof: Poverty, income status, residence, unemployment, social assistance, or economic hardship must be demonstrated with supporting documents.

What does the reciprocity clause mean?

Reciprocity means that Turkish citizens can similarly benefit from legal aid in the country of which the foreigner is a citizen.

This reciprocity can be proven in three ways:

• There is an agreement between Türkiye and the country in question
• The right to legal aid for Turkish citizens is granted under the laws of the relevant country
• In practice, Turkish citizens can benefit from legal aid in that country.

The Ministry of Justice's statements regarding the security obligations of foreigners also indicate that reciprocity can be ensured through contractual, legal, or de facto means.

What does legal aid cover?

A legal aid decision provides significant advantages to the individual. According to Article 335 of the Code of Civil Procedure, a legal aid decision;

• temporary exemption from litigation and enforcement costs,
• Exemption from providing security for litigation and enforcement costs
• Expenses incurred during litigation and enforcement proceedings are paid in advance by the state
• If legal representation is required for the case, then legal representation will be provided, with fees to be paid later

can provide the opportunities.

Therefore, legal aid is particularly important for cases with high fees, files requiring expert examination, real estate cases with inspection costs, compensation cases, family law disputes, and labor claims.

Security Deposit Obligation for Foreigners

In Türkiye, foreigners filing lawsuits may be required to provide security in certain circumstances. A foreign plaintiff may be obligated to provide security to cover the opposing party's legal costs and damages when filing a lawsuit in Türkiye.

However, if legal aid is granted, the individual may also be exempted from providing security for court costs. Article 335 of the Code of Civil Procedure contains clear provisions on this matter.

Therefore, for foreign plaintiffs, requesting legal aid is important not only for exemption from fees but also for eliminating the obligation to provide security deposits.

Where do I request legal aid?

A request for legal aid can be made to the relevant court before or during a lawsuit. If a lawsuit is to be filed, a request for legal aid can be made along with the lawsuit petition. If a lawsuit has already been filed, a separate application can be made with a petition while the proceedings are ongoing.

Individuals in need of legal assistance can also apply to the legal aid offices of bar associations. The Turkish Bar Association's Legal Aid Regulation contains provisions regarding legal aid assignments and the operation of legal aid offices. The regulation covers expenses such as lawyer fees, mandatory travel expenses, power of attorney, translation costs, court fees, and other expenses within the scope of legal aid.

What documents are required?

When applying for legal aid, a foreign national must document their economic situation and legal claim.

Typically, the following documents may be submitted:

• Passport or identity document,
• Residence permit or temporary protection/international protection identity card,
• Income document,
• A document showing unemployment or non-employment status
• Bank statements,
• Rental agreement,
• Social assistance document,
• Documents relating to family members,
• Healthcare expenses or disability reports,
• Documents illustrating the dispute in question,
• Documents supporting the reciprocity requirement.

Documents obtained from foreign countries may require apostille, translation, and notarization.

What happens if a legal aid request is denied?

The court may reject the request for legal aid. However, the rejection decision must explain why the information and documents submitted were deemed insufficient. According to Article 337 of the Code of Civil Procedure, the court may decide on the request for legal aid without holding a hearing; if requested, the examination may be conducted with a hearing, and the rejection decision must state why the documents were not accepted.

If a request for legal aid is denied, the individual may resubmit documents, complete any missing information, or explore the possibility of appealing the decision according to the relevant procedural rules.

In which cases can foreigners request legal aid?

Foreign nationals can request legal aid in many cases and legal proceedings. For example:

• Divorce cases,
• Custody and alimony cases,
• Labor wage claims,
• Compensation lawsuits,
• Malpractice lawsuits,
• Property and inheritance cases,
• Administrative lawsuits regarding residence/deportation procedures,
• Consumer lawsuits,
• Enforcement proceedings,
• Legal support processes in criminal cases for victims or participating parties.

The scope and conditions of legal aid are assessed separately in each case.

Can foreigners request a lawyer from the Bar Association?

Yes. Foreigners with insufficient financial means can apply to the legal aid office of the bar association in their area. The bar association will evaluate the application and, if deemed appropriate, may assign a lawyer.

However, bar association legal aid should not be confused with court-issued legal aid. Bar association legal aid mainly concerns the appointment of a lawyer. Court legal aid, on the other hand, has consequences in terms of litigation costs such as court fees, advance payments for expenses, expert witness fees, and security deposits.

Conclusion

Foreigners can request legal aid in Türkiye. However, in addition to the conditions of economic hardship and the request not being unfounded, the condition of reciprocity is also important for foreigners to benefit from legal aid.

Legal aid can provide significant advantages to foreign nationals in terms of court fees, litigation costs, expert witness fees, and security deposit obligations. For foreigners who wish to file a lawsuit in Türkiye but lack the financial means, legal aid is a critical way to protect their right of access to court.

For the application to be successful, all documents related to the applicant's financial situation, relevant documents, and, if applicable, information demonstrating the reciprocity requirement must be submitted completely.