Republic of Turkey Ministry of Justice U Y A P NATIONAL JUDICIARY INFORMATICS SYSTEM Ali Rıza ÇAM Reporter Judge in Ministry of Justice, Turkey 17. 04. 2007 Istanbul 1
CONTENT OF THE CONFERENCE Firstly this event will present an overview of the Turkish Judiciary System Secondly and mainly, we will share the experiences of Turkish Ministry of Justice’s (Mo. J) National Judiciary Network Project (UYAP) Then, we will give some quick facts about UYAP and effects of the project on Turkish judicial system Finally provide assessment of UYAP outputs 2
U Y A P 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 carry out a reform on judicial sector in Turkey 3
Number of the Judges and Prosecutors Turkey has… • 133 High Criminal Courts Centres • And in 575 districts totally 708 courthouses, • 420 Penitentiary and Detention Houses , • 23 Forensic Medicine Units, • All in all, 7751 Courts, Public Prosecutor Services and Enforcement Offices • In civil judiciary 4529 judges and 3023 public prosecutors, • 491 administrative judges in administrative courts 4
Population of Turkey in 2004 : About 70 million 5
Average duration of assize has been shortened significantly İn the past: General Courts : Penal Civil : 266 days : 241 days C. o. Cassation Penal : 283 days Civil : 86 days 6 : 460 days Council of State
Some other figures Auxiliary Court Personal : (Aprox. ) 30 000 Trainer Judges 1159 Members of the C. o. Cas 250 Members of Council of State: 78 Lawyers (Aprox. ) 40. 000 In 420 Prisons Current Number of Inmates: 58 000 Total Prison Officials: 31 000 7
CURRENT SITUATION OF CASE FILES IN TURKEY at THE END OF 2004 Turkey is among the twenty most populous countries of the world with its 66. 3 million population (2001 projection). The court authorities in Turkey have annual huge working load. They labour under the burden. Workload at the Turkish juridical in 2003 like this: 8
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; e. Europe+ Action Plan, initiated for the candidate countries, will be adapted to Turkey. • Mechanisms that facilitate the participation of citizens to decisionmaking 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 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 abovementioned principles. 9
National Programme for the Adoption of the Acquis 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. 10
WHAT IS U Y A P? UYAP is an e-justice system as a part of the egovernment, 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. All these are equiped with computers, network and internet connection and given access to all the legislation, the decisions of the Court of Cassation and judicial records. UYAP, the most ambitious information system in Turkey, was prepared and established by Mo. J 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. 11
Public Prosecutor services Probation Service Courts Police and Gendarmerie Prisons UYAP Other Goverment agencies Forensic medicine Offices Land Registry Ministry of Interior General Directorate of Citizenship Group 3: UYAP’S Operational Stakeholders 12
Republic of Turkey Ministry of Justice PHASES The project was started in 2000 and it is expected to be 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 would be finalized by the end of 2007. Most of the judicial units (90%) and agencies make use of ICT in their daily processes. All the judiciary processes, transactions and trials transmitted to electronic environment. 13
Project plan with milestones TJS Revision In 2000 Composing of the project schedule In 2001 Conjectural Project’s finish time Project start to roll out in whole Turkey End of 2007 at the beginning of the 2005 An al ysi n g o f th e p ro cess I n 2002 Design of the system and production of Programmes and screens In 2003 implementing of the project in pilot units Testing system and new at the beginning of the 2004 products at the end of the 2003 14
MAGNITUDE OF THE SYSTEM • All over the Turkey, 109 out of 133 Heavy Penal Court Centres, 21 out of 25 Administrative Regional Courts, 340 out of 577 small county courts and all of the Penitentiary and Detention Houses have been rolled out until now and the rest of them will have been rolled out at the end of 2007. • There are currently 29. 970 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 24. 714. 923 files have been entered via UYAP until now. In all of the units taken into operation, nearly more than 65. 000 new files are being entered to the system every day. • The number of documents has been exceeded more than 65 million 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. There are more than 13 million files in e mail system 15 and 250. 000 e mails are being processed everyday.
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 Audio and video records systems for courts will be installed and be operated on this network. 16
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 17
UYAP consists of these sub-systems Citizen Information System Personal Management System Financial Management System Supply Management System Procurement Management System Training Management System Document Management System Forensic Medicine System General Support System 18
DELIVERED HARDWARE Computer 28. 664 Laser printer 16. 639 Uninterruptible power supply Laptop printer Color Printer Scanner 6. 140 11. 113 2. 800 418 4. 667 19
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. ANKARA 20
WAN and LAN were completed Republic of Turkey Ministry of Justice BIM LAN HUB STATION LAN 21
UYAP’s WAN serial connections In scope of UYAP, all judicial units WAN connections were put into operation as of 16 October 2005 22
TRAINING OF STAFF 13. 000 Basic Computer Training 40. 000 UYAP Training 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. Education of 13. 000 courthouse personnels 8. 000 of them were judge and prosecutors was finished, practical technic office education was given to 400 persons before all else between the personnels susceptible to this work in order to interfere side hardwares instantly. Later on, as being parallel to the places which were taken into operation, UYAP applications education was given to our 40. 000 users. 23 Besides this, 1700 persons were educated as power users.
UYAP trainings have been given in modern laboratories in practical way Republic of Turkey Ministry of Justice 24
DISTANCE LEARNING • Within the project of UYAP e learning, a central control system for distance training was established for all users which had been given training according to their roles and duties by trainers. 27. 605 personnel have been trained through internet by using distance learning facilities until now. 25
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. (1100 warning have 26 been produced in the system till this time and they are presented for the use of the users.
The Document Management System (DMS) in our Ministry has been integrated and exchange of the electronic documents between the provinces and centre has been started. At present, all kinds of data, Information, documents are flowing in documentation management system between Mo. J 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. 27
Creating a Databank of information on relevant legislation, regulations, circulars, template texts, holding of the courts, jurisprudence, Circulars, Studies, examplary texts, template texts, sample decisions 28
Databank Republic of Turkey Ministry of Justice Legislation Directives Sentences Case law Judicial essays Template texts Circulars etc. 29
Personal general information screen 30
Citizens can reach and examine their case information 31 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 or mobile sign and examine their files through internet. In near future they will be informed about their cases of files by SMS. Text messages 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 text. (http: //vatandas. adalet. gov. tr/proxy/lib/vatandas. html) 32
Lawyer : Pay process and tax fee from his office by use of VPN Technology 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 33 payments of court expenses, charges, fees for lawyers has been set up with UYAP.
11. 992 lawyers have been registered to lawyer’s portal and 1817 of them use this system actively. 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. 34
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 35 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
UYAP SYSTEM CENTRE AND DISASTER RECOVERY In establishment of the system centre, magnitude of the system, the speed of technological change, targets for the system upgrade and promotion, processes of guarantee for the system, costs of the contracts for the services and maintenance after guarantee have been taken into account. It is the unıqe in the judiciary world in europe in terms of capacity according to IBM AND ORACLE which are the experts in this area. The capacity of the centre is sufficient for more 12 -13 October 2006 Republic of TURKEY 36 than seventy thousand users.
The Function of Central Organisation • The aim of the Central Organisation Functional Phase is; • To make rapid, more accurate, better quality transactions. • To gather disorganised data in one place and to provide their transmission. • To realise all kinds of correspondence and communications within the area of informatics. • Healthy and rapid transmission of data and statistical informations at the Central and Provencial Organisations • Making use of the database formed by saving the produced work patterns and building verdict support systems 37
SECURITY: • • Contractor of the UYAP, HAVELSAN has the following Quality Certificates and implemented them in UYAP system: SW CMM (Software Capability Maturity Model) Level 3 Certificate TS-EN-ISO 9001 Quality System Certificate AQAP-150 NATO Quality Assurance Certificate for Software (HAVELSAN is the first company owned this certificate in Turkey. ) AQAP-110 NATO Quality Assurance Certificate for Design, Development and Production. Besides, HAVELSAN has the NATO Secret and National Secret Facility Security Certificates, that are mandatory for the defense companies in Turkey. In additional these certificates Mo. J want to obtain soonest for UYAP ISO 17799 Standard and ISO/IEC 15408 CC Standard. Therefore Mo. J is in preparation. In UYAP SSL security structure and diigital signature are used. However for digital signature some of the procedures have to be completed. Therefore, it is going to be implemented in a few months' time. For the item privacy articles on protection of the private data have been included in the new Turkish Penal Code. Moreover a firewall has been installed to the central system against viruses and other attacks for the benefit of users. Furthermore antivirus programmes have been installed to the users computers and to the servers. 38
SOFTWARE • • In UYAP the Java programming language has been used. Because Mo. J has decided that java programming language is mature, robust, and versatile. According to our technical staff, as generally accepted, Java programming language technology has become in allowing developers to: Write software on one platform and run it on practically any other platform Create programs to run within a web browser and web services Develop server-side applications for online forums, stores, polls, HTML forms processing, and more Combine Java technology-based applications or services to create highly customized applications or services Write powerful and efficient applications for low-cost consumer products, and practically any device with a digital heartbeat Copyright of the software of UYAP is belonging to Mo. J. 39
Speed and efficiency of operations: UYAP created fast, secure and efficient information system enabling the appropriate sharing of information across the wider Turkish judicial services by transfering key business processes of the judicial system into central electronic means. Instructions to other courts in order to collect evidence can be instantly sent and received on line. Access to information and make transaction online, instant and secure. 40
Integration with other justice related agencies to enable information exchange: • UYAP not only Integrated judicial institutions with each other but also with concerned institutions (police, gendarme, prisons, customs, etc. ) . 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. 41
All documents, processes and files are standardised: • Before UYAP courts and other judicial units have being writen the writs one by one. After UYAP similar writs are being writen through stencils. That is the one of the significant impact of the case in terms of benefits and costs. So the employees save time and effort, courts and other units save personel. • Due to standart and ready forms, all the data are filled automatically into the documents like instructions, indictmans, hearing minutes, decision and others so as to finish cases faster and more efficient and not to wait for days. It enabled court staff to produce common form documents without having to type each of them out one by one. • It is nearly saved on labour force by 30 % In the past it took so many times to prepare all the documents durıng the case or hearing but now it takes only minutes and it provide us speed and reliance. 42
Economical judicial services: UYAP reduced the clerical, administrative and communications costs which would otherwise be incurred in manuel and paperbased system. With the on-line connection of courts, expenses of bureaucracy and postal costs are removed. UYAP reduces in staffing and uses the personal most effective. Ministry of Justice issue a bulletin about Turkish judicial legislation 13. 000 copies and send them to the all Turkish judicial units. Thats cost is annually more or less 400. 000. - New Turkish Liras (NTL). Now the Turkish Mo. J issue that bulletin through Ministrys web site. Anyway Mo. J will not send 12. 000 copies of bulletin per post and to save a lot of expense annual( approximately 370. 000. - NTL ). Before UYAP, it could be reached to old issues of the Judicial Legislations Bulletin only per department of the Education of Mo. J and that is being taken up time. After UYAP to the that issues can be accessed via Mo. Js web site online. And can be carried out a search and founded among the old informations or issues soonest. 43
System of alerts to identify users with some described alerts and notices: 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. 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. Warrants about fugitives can be sent to all units of judiciary in a very short time and it became very easy to follow and catch them. And the system warns users by pop up on the screen , if any fugutives’ data is entered to the system. 44
Obtain central financial control The payments of the experts and taxes can be controlled in a more reliable way. Now the budget of the judicial units are prepaired by UYAP and budgetary control is made via UYAP online and momentary. Determination, audit and expenses are pursuitted on a central database with the accounting system in UYAP. 45
Transparency in terms of accountability and data accuracy: All takeover files from previous year can be prepared within instantly. Easy and fair dispatch of the files and works of courts and enforcement units is ensured. For example, in the courts taken into operation, delivery bureaus have been taken into operation and collection of charges and duty distributions which are carried out hand by hand before are now carried out by the system as to the objective criteria determined in an electronic environment. Prevention of corruption: Destruction of files are impossible becouse of electronic recording and all the activities are logged in the system. 46
Performance management through integrated management information To provide the capability to measure performance and report on the effectiveness of Turkish judicial services in terms of such performance indicators are defined by Government and stakeholders. The data required for this would be captured and made available through the operational UYAP system. The performance of the personnel can be followed via the electronical environment. 47
Fulfill inspections in to electronic means. After UYAP inspections of the judicial would be per UYAP online and remote. That possibility will be bring in time, costs etc. Goverment will be save from travelling expenses which are made by inspectors and staff number who are work as a inspector. Provision of Clear Evidence on performence and quality for inspectors, every processes are logging by system 48
Simplify process: Before UYAP promotion (being raised to a higher rank) of the employees are being notified with one by one arranged notifications. After UYAP that notifications are notified to relevant units with in a single copy which in a one list arranged. Decrease administrative and judicial workload so to enable practitioners to focus on their other priorities. The processes that takes hours or days can be done only in minutes by UYAP . It can be possible to see the list of all prisoners in Turkey with their crimes in one click in a report. It is possible to specify the list according to their type of crime. 49
CENTRAL FILLING SYSTEM UYAP have central filing system. Structure is central. All servers are in Ankara. All data flow in to central units. That provide (money) saving, hardware saving and personnel saving. We offer not federal system. Forasmuch as that need more money, hardware and personel. Data standards and data standardization to improve data quality and to enable reliable operational and management reporting. All of the data are processed to the UYAP database momentary. Thus all of the data are integrated, factual, reliable and current. The Software was designed in complete flexibility to enable the convenient usage in all courthouses whatever the size, type of work or intensity may be. Data repository and migration will be only in one system for that reason will not be data confusion and duplications 50
Data mining in judicial field: Data mining means that collection and dissemination of aggregated data for future plans. By this way it became easy to provide a research capability, to evaluate the impact of offendercrime assessment tools and programmes and to assess the effectiveness of interventions designed to reduce crimes. Evaluation of statistics (papering crime maps, data mining) will be possible. The users who have the authority to gain access to these data, can see those data simultaneously and currently and can make processes. 51
Constrains Technological constraints Managing the IS/IT function – which models to use? Effective use processes Training, behaviours etc. Integrate information capture & use into operational business processes Flexible & re-usable IT infrastructure – what are the available IT infrastructures? The most important hinder in this way is the resistance that the users show against a new way of life. In order to break this resistance the necessary laws support should be constituted, public opinion support should be provided by making conscious campaigns. 52
METHOD OF DISSEMINATION In central courts, UYAP is disseminated by a private company called HAVELSAN. But in the small county courts it is rolled out by our experienced users chosen from central courts. They were trained in ANKARA and they work in their unıts ın order to roll out UYAP in all dependent units now. They solve the problems immediately that they encounter in the courts and give training to the other staff. In 2007, 728 personnel from central courts of Turkey will be trained in order to roll out other remaining units. The personnel of small county courthouses will be trained and rolled out by the central court staff. 53
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Management of UYAP Senior Responsible Owner: Minister of Justice Board of UYAP Head of Board is Undersecretary Vice President of the Board is Deputy Undersecretary Other members of the board are some general directors of the Mo. J Project team Consist of about 250 staff 55
Project Control Overcoming resistance Change control process Compliance with project schedules/product delivery monitoring arrangements Reports for project board (exception, highlight, End-Stage report etc) Establish project support office (PSO) to handle common management and to help our users 56
THE AWARD-WİNİNG PROJECT • UYAP was awarded for annual e government prize of Turkey in 2005 and 2006 because of making significant breaktrough in Turkish judiciary. 57
FINALLY Thank you very much for your attention If you have any questions please don’t hesitate to contact www. adalet. gov. tr www. bidb. adalet. gov. tr arcam@adalet. gov. tr 58
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