Legal (Evidentiary) Value of the Unjust Treatment Argument

Yıl 2009, Cilt: 2 Sayı: 1, 81 - 84, 01.01.2009

Mehmet Akif Tutumlu

Öz

The situations are similar: A woman or a man, holding a court petition, enters the judge’s office with a sad face, directs his/her sad look to the judge on the bench with a plea for help: the defendant municipal authority has refused their application to connect utility services (water, electricity, gas) to their new apartment, recently bought from the builder, due to the absence of a housing license (iskan) and all the family members – perhaps including some pregnant, paralyzed, or some other disadvantage – suffer from this situation. Honorable Judge, please protect me from this unjust treatment! Certainly, the unjust treatment cases are not limited to the ones described above; there are hundreds of them and the judges must render a decision for each and every one of them. As lawyers and addressees of such cases from daily life, I believe that it is important to open a discussion about the concept of unjust treatment – its position in law and particularly the proof value of it; that is the aim of this article.