Journal of Political Administrative and Local Studies

Yazarlar: ["Barış ÇİFTÇİ"]

Konular:-

Anahtar Kelimeler:Çarpışma,Yargılama Hakkı,Savunma,Dava,Lahey Adalet Divanı

Özet: The aim of this study is to examine Turkey's legal success and the importance of its international success in the Bozkurt-Lotus case. On August 2, 1926, a Turkish-flagged named Bozkurt carrying coal and a French-flagged merchant ship named Lotus collided off the island of Midilli. As a result of the collision, the Turkish ship Bozkurt sank, killing 8 people. The Lotus then arrived in Istanbul. Jan Demons, captain of the Lotus, was arrested in Istanbul. As the capitulations were abolished pursuant to Article 28 of the Treaty of Lausanne and as per the new Turkish Penal Code, the captain of the ship Lotus was sentenced as a result of the trial held in Turkey. France argued that Turkey had no jurisdiction because of capitulations and due to that the collision occurred in international waters. The matter was referred to the Permanent Court of International Justice of La Haye. With the defense of Mahmut Esat Bey, the Minister of Justice, the case ended in favor of Turkey. In this way, Turkey has proved it was right though an international court decision.

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