Legal Aid in Light of International Developments

In this article, the development process of the legal aid concept in Turkey during the Tanzimat reform era and Republic era, is being examined following the introduction of transformation of the concept in Europe through i) free legal assistance in court (Aide judiciaire), ii) limited fee for a lawyer against judicial assistance (Assistans judiciaire) , iii) Legal judicial assistance (Aide Juridictionnel) phases. Afterwards, the concept and the definition of Legal Aid are being examined within the rules of national and international legal documents. The attention is being taken to the issue that the amendment to the Attorneyship Law made in 2001 should be considered as "revolutionary" but that full implementation requires huge public funds. Moreover, challenges on the transformation of legal aid concept from “assistance to the poor” to “Citizenship Rights" are being examined. The emphasis is made on the steps to be taken in order to expand the concept of legal aid to meet the requirements of justice and defence rights. Finally, the article reminds the necessity to bring the citizens, who need legal aid, and the lawyers, who live on the border of impoverishment, together and to establish an “honourable - qualified" relationship. (Inside the book; Haluk İnanıcı, 21. Yüzyılda Avukatlık ve Baro, Legal Yayınları, 2008. This study was presented at an event organized in Antalya by TBA (TBB) in 9.4.2005.)