Download Dear pres/*idence, dear guess, dear colliguess

ANKARA BAROSU
81. KURULUŞ YILDÖNÜMÜ
ETKİNLİKLERİ
İRAN BAROSU
GÜRCİSTAN BAROSU
MAKEDONYA BAROSU
14 TEMMUZ 2005
ANKARA
PRESIDENT OF ANKARA BAR ASSOCIATION / VEDAT AHSEN COŞAR:
Sevgili
konuklar,
sevgili
meslektaşlarım
hepiniz
hoş
geldiniz.
Misafirlerimizle
anlaşabildiğimiz ortak dil “İngilizce”. Ben de sizin affınıza sığınarak açılış konuşmamı
İngilizce yapacağım.
Dear presidency, dear guess, dear colleagues,
I want to welcome you in Ankara both form y self and on behalf of my Bar members as well.
It is a great honour for the Bar Association to well come you as our guess, as our colleagues.
You are most well come.
We are pleased to be with you. I present my personnel and my bar friends. We are juries
whether we are from Turkey or Georgia, Macedonia or Romania, Iran or Israel. There is no
difference. Our languages are the same, our reason, our sense and sensitivities are all the
same. We juries know there are understandings of nature of the little reasoning of significant
culture value. Understanding the law’s essential to understanding the values of our society
and of the international convict.
To live justice is important for law because we are always one of item of union. Formally,
justice is the way of thinking and acting which will be more or less equal with morality and
honesty. Thus, in one of way it is be to understood it that just and to live honestly in the way
of moral.
And morals, morals is important both form and society. Any man in the society can not live
without morals. As Dostoyevsky points out that moral is existence as a result of two morals.
Moral is also important for law. In the sense, moral is not on the content of law but also its
administration. Law depends on morals, morals depends on law. Further, law may have
impose on morals and morals may have great impose on them. Thus, justice is…. the law is
important for our moral life, its history is the history of the moral development of the ways.
It so be jurist for all governments to act morally in all their international relations. Aristotle
described man as a ... political element but for religious and philosophical tradition it is
men’s nature to be social animal who easily make
connection
with family, friends,
association . And it is … that people find in two natures. The all testaments on man show that
it not or man to be alone. Indeed, People become depressed, stressed, and unhappy and
confused while they are in the contact for too long. It is also known that civic organization
how to shape, co-operate, and how to set their moral. Using Aristotle’s description it is easy to
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claim that a society is political and social element who makes connection with other societies
that the society and the people of the society find their true way to develop their culture in this
sphere. The born of all testaments are valid and useful fort he society. Like that, it is not good
for a society to be alone. Societies become depressed, unhappy and confused when they are
not in contact with other societies. The collapse of the Soviet Union is the dramatic and tragic
example of this argument. Shortly, we live in…
This is the reason of our meeting. In
Turkish, the etymological meaning of law is that …in other words, law means rights. Law
means some values of rights. For this reason, it is necessary to say some words on human
rights. One can claim that human rights are the greatest invention and integration of our
civilization. Human rights originated from philosophy or natural law based on the stable
nature those are pure and fundamental. That was used to justify the existence of the rights
belonging to the man independent from the state. Such … and survival…
Why it is so the universally nature of the human of the … concept suddenly appeared in the
end of this…The transformation of this philosophical idea in the universe will universally be
nature of political constitution. It will be prudent sense of revolution based on the related
relations between government and the government only proposes its model through the theory
of nation of law.
The first political was the expression of rights in the end of 18th century.
Whether one follows it an invention or
and …, when an expression is no longer a
philosophical text such as…..But the political texts such as which reads all men are naturally
equally free.
In principle, the weak of importance of the human right question rises from the fact that is
closely in two fundamental problems of our time: one is democracy and the other is peace.
The recognitions at the protection of human rights are foundation convicts democratic
constitution are … And the same time, peace is the precondition of the effective protection of
human rights both in individual state and in the international system.
The all…whenever
people clash laws or …. is still to and we have recently experienced it again. Today, we all are
convinced that to be able to an ideal perpetual peace… to a democratization for international
system. And this democratization can not be separated from grateful and increasingly
effective protection of human rights as a higher supernatural level than an individual state.
Human rights, democracy and peace are the
three elements necessary for this historical
movement. There is no democracy without the recognition and effective protection of human
rights. Without democracy a mill condition do no exist fort the peaceful resolution of ...
between individuals, groups and between the large spot states which traditionally have been
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really active and tendency. Even when they are democratic their all reasons do not exist.
Human rights democracy and peace are three elements necessary for this historical movement.
There is no democracy without the recognition and effective protection of human rights.
Without democracy the …. do not exist for the peaceful resolution of the between individuals
g groups and the large for state …… Even when they are democratic.
In other words democracy is the society ….. . And individuals conscizm when they recognize
circle fundamental rights. There will be stable peace, a peace which does not have war as an
alternative to this not particular to state but around the world. These words are all
remembering the declaration of human rights. Starts by stating that the recognition by the
innate … of all members of the human family, and their equal and rights constitutes the
foundation for….justice an peace in the world. These words … to the United Nations:
statues, follows a mistake in the fate
in the fundamental human rights. This is declaration
that is necessary to save future the generation to stop of …
of world. Life to life, liberty ….
are not and the schisms of the other oppressed countries. In this sense, to define rights the
life liberty, precedence happiness and other international rights in the world.
Now, I will give you some information on libel states of the Turkish Bar Association.
According to the Turkish Constitution of 1982, Bar Associations are constitutional public
professional organizations. They have legal entities. According to the article 1035 of the
Turkish Constitution of 1982, public Professional organizations are public prepared by this
establishment the law, the OK* of the meeting of the common needs of the members of a
profession… their profession activities to ensure the development of the he development of
the profession , to common trust relations around members.
Thus, Law number 1136, namely attorney-ship law was passes on 19 March of 1969. This
regulates the functions, duties, rights of the attorney-ship law and also regulates the condition
of profession attorney-ship. It also regulates the establishment and the little parties of
the
bars. According to the article 76 of this law, bars are republic Professional organizations.
Those continue their activities according tot he democratic principles. They have little
entities. Their objectives are not to be the objective of their members to provide honesty and
trust between relations of the lawyers and the relations between lawyers and their clients. To
keep the morals of the profession attorney-ship are also the duty of the bars. Precisely….an to
human rights and. According to the Article one of Turkish attorney-ship, attorney-ship is a
public service and decree development. The objectives of the attorney-ship are explained as
follows:
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-
To regulate the regulations,
-
To solve all disputes and problems by the way of judicial orders, … officials persons
and entities
All the judicial orders are and other bodies are published to help lawyers while they are
performing their duty.
Thank you very much for your kind attention.
Now, I want to introduce our quests Presidents, first, Iranian Bar Associations Present of Iran
Bar Association and…… Georgian Bar Association Present and now Mr. Present of
Macedonian Bar Association. President of Iranian Bar Association speech.
S.M. Jandaghi Kermanipour
President,
Iranian Bar Association
Bismillrahirahmanirhim, In the name of God
The honorable head of the conference, dear colleagues, ladies and Gentlemen.
First of all, on behalf of the Iranian Bar Association, I would like to say that, I am really
honored to be here, among you, my dear colleagues, and present this lecture.
We greatly value the relationship; we have with Ankara Bar Association and look forward to
furthering this in the future.
In year 1952, the legal bill, for the independence of the Bar Association, was signed by that
time prime minister, Dr. Mohammed Mosadegh and subsequently this bill was ratified by the
joint commission of Iranian Senate and Parliament. According to this bill, Iranian Bar
Associations, became court and various commissions.
In 1981, because of the atmosphere over the country, the board of directors of Iranian Bar
Association were dismissed and for 18 years, the attorneys didn’t have the chance of electing
the board.
In year 1997, once again, the board of directors, were appointed by attorneys at law and at
present we have the fourth board, which, attorneys have elected their own candidates.
Attorneys at law will appoint board of directors by their direct vote and likewise board of
directors shall appoint president and two vice presidents of the association.
All of the Association’s administrative expenses are paid by the attorneys at law and this
association does not receive any financial aid from the government.
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To join this profession is possible through successful passing entrance examination, and
passers will undertake a 18 months duration training course under direct supervision of an
experienced attorney and the Bar Association and finally they will participate in one of the
most difficult examination held in Iran.
During training in Iran, we have 12 independent Bar Associations and more than 15000
attorneys and trainees are their members and associates.
The problem that, Independence Bar Associations in Iran, are now facing and encountering, is
article 187.
Article 187 of the May 1999 Law on the State’s Third Economic, Social and Cultural
Development Plan, stipulates that, the judiciary “ shall be authorized to confirm the
competence of the graduates of law who shall be granted licenses for the establishment of
legal advisory institutes.”
Judiciary-licensed attorneys in Iran, are not required to have undertaken the 18-month legal
competence training, nor would they be subject to the Bar Association’s security, standards or
disciplinary procedures.
It is worldwide common practice for Bar Associations to take responsibility for the granting
of license to lawyers and Article 6 of the 1956 (legal) Bill on the Independence of the Bar
Association in Iran, authorizes the Iranian Bar to undertake this role.
Bar Associations in Iran, are in the opinion that, it is unacceptable, two different groups of
attorneys may have the right to offer the same legal services, despite having very different
training, different regulations and a different license-renewal authority, within a single
jurisdiction and further, it constitutes a threat to the public interest and the administration of
justice itself, and presents the possibility of the political establishment, attempting some form
of control over the judicial process.
In this year, in Iran, according to the Executive By-Law of Articles 31 and 32 of the Law
Amending Certain Parts of Justice Administration Laws which, is ratified by chief of the
judiciary, advocacy and representation is compulsory in the civil courts of law.
Bar Association designate “assisting attorney” to those individuals whose financial inabilities
have been proved by the courts or Bat Associations.
Iranian Central Bar Association has increased the number of entering the profession
(advocacy trainees) to 2200 in this year as a because of the ratification of this By-Law.
In the end, I would live thank, the Ankara Bar Association for excellent hospitality and also I
would like to express, my utmost gratitude, for your kind patience, in my speech.
Thank you,
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PRESIDENT OF ANKARA BAR ASSOCIATION / VEDAT AHSEN COŞAR: Thank
you. ………
PRESIDENT OF GEORGIAN BAR ASSOCIATION: (Speech is in Georgian Language)
PRESIDENT OF ANKARA BAR ASSOCIATION / VEDAT AHSEN COŞAR:
PRESIDENT OF MACEDONIAN BAR ASSOCIATION:
Dear President, ladies and gentlemen,
Anatolian Civilization Museum, Turkish … people, all historical, beyaz şarap, yeni rakı. I
know speech after lunch is not fair, but
for my professional I must speak. I like to speak
Turkish Language, but my Turkish is very bad. I know several Turkish words: tencere,
pencere, kundura, pabuç, but not so much.
Now, I will continue the subject about which I will speak.
This year, Macedonia celebrated two jubilance’s: 60th year of the existence of the advocacy,
and 50th of bar association. In the past of our existence
changed the political and social
systems. In the medieval of the advocacy Macedonia, there were only around ten but today
we are association of 1500….. Advocacy, as conclusion was hour
the constitutional decree
Our Constitutional law gives the guarantee to perform the of the advocacy profession in the
practice and without a little support. There was no total revisation for the advocacy as public
service. The laws would give a possibility
except of
for every working able person to
provide a little assistance. The public authorisation of the laws give with constitution were
the only works written on.. . The Macedonian Bar Association in the past span of time
pointed all efforts to
secure
the t position of
advocacy as it deserves. Through the
constant communication, expressing its individual opinion of the public constant… and the
little of sucsivities. The Macedonian bar succeeded the most problems in the state body and
made a good line.
With contractive marks, critics and open supports and
assistance from the Professional
aspects the opinion of the learners in the Macedonian Bar Association become, demand the
open Project and changed.
Today, in all commissions and in the government of the
Macedonia and the minister of justice. The Macedonia Bar Association carries all… They are
all colleagues, mission to give the area, experience and knowledge. Books that are… the
public
show that attitude, and the conclusion of bar associations carried on the numerous
meetings and seminars. Our team work results will change of the law text and the judicial
statement which gives power to the law Professional competent….. In criminal photograph
of Macedonia, Authorize performed or little of our profession stated as a criminal act. With
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the legislator, advocacy to fight with a up prior which is, first of all, of a damage and ….
According to the new statement in the criminal court of the Macedonia for every person it not
loyal and its legal assistance for a composition will be punished with fine and a time in prison.
This statement protecting citizens competent social….. from the advocacy Aristoraciable and
expert profession. Our present accords are appointed in change of the law of the legal
precedence. The Bar Association gave its suggestion how to arrange the… and who can be
the potentary in
proseduaring and
determining the public authorization for the laws. Our
suggestion is completely accepted by the minister of justice. In this moment, In Parliament of
public of Macedonia in progress in decision of agenda is carried for the new law for the legal
procedure – included the provision with insisted in the past four years. I sincerely hope the
law will be adopted. That will mean
the new meaning fort he advocacy better future and
final realization of thee constitutional revision from 1974. In the same time, we are working
and preparing for a new advocacy law. The last ...in the year 2002…
For this procedure of the constitutional law given the Professional position of the law in this
book say the decision of the constitutional law in the... To day, Macedonian Bar Association
is
intensively working for a new advocacy law which will be submitted to all international
associations. Following this suggestion and supports the draft law will be submitted the
ministry of justice and hopefully will be accepted. The advocacy profession in Macedonia
is taking the position which is secured. But there are other changes imposed by the non-stop
.., working development which leave* nor avoid Macedonia. In front of the advocacy
is
standing the liberalization as a consequence of the globalization development. The opposite of
the… is still un known and unacceptable .
The question asked by numerous Macedonian lawyers is helping to avoid carry this
constitution when the opening in the most powerful.
The question tasked by the numerous Macedonian lawyers is how to avoid to carry the fact of
this competition when opening this most power.. . The question is kept o be answered soon.
So, we reduce the change which will be in many cases.
………
For this reason, Macedonian Bar Association is actively participating and is the member of
the Europe.
Walking together with every one else, we believe that our royals are becoming the interaction
of the world and come to the European standards.
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Dear ladies and gentlemen,
I would like to present the works of Macedonia Bar Association. Inclusion where bar in six
years in the third election amended excluded the function present without…. . Macedonian
Bar Association is an association on 1 500 lawyers and our 1000… The bar association is a
public authorization to give a brief license or performing fort he other repetition to decide
ruler completely to inclement the disciplinary procedure ... its members. The body of the
Macedonian Bar Association is elected by the third systems of delegate….. . In the Bar today
there are eleven commissions in different areas. In total, the number in bodies working for
the… basis are 1080. Priority in the work of bar association is continuing education which
this program on a year fort he members included are in the large expertise in the knowledge in
the laws. Bar association with the realization for the Project for fee legal aim and opening six
offices in different. In those… provide fee regulate to social ... The results from this Project
of the Macedonian Bar Association are shown in so far ….. For this project the Macedonian
Bar Association in 2003 more rewarded with a special … in the year 2003. This is only a
short review of the everyday work of the Macedonian Bar Association and its members.
Thank you very much.
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