The Legal and Judicial Cooperation Agreement signed between the Republic of Iraq and the Republic of Turkey in 1990 and enacted in 1992 establishes a strong legal basis for the recognition and enforcement of Iraqi court decisions in Turkey. It also provides security (judicatum solvi) exemptions, simplifying the legal process for Iraqi nationals.

Competent Court for Recognition and Enforcement in Turkey

According to Article 51 of the Private International Law and International Civil Procedure Law (MÖHUK), the civil court of first instance is the competent court for recognition and enforcement matters. However, if the decision concerns family law, Article 4 of Law No. 4787 assigns the matter to the family court.

Can Iraqi Plaintiffs Be Asked to Provide Security in Turkey?

No, Iraqi nationals are exempt from providing security (judicatum solvi) when filing lawsuits in Turkey.

Why?

Because Article 1 of the Legal and Judicial Cooperation Agreement explicitly states:

“Nationals of one Contracting Party shall not be required to provide any security or guarantee for any reason, such as being a foreigner, not having a residence or nationality in the other Contracting Party, regardless of the name under which it may be requested.”

This provision applies to litigation costs and security for legal actions.

Additionally, under Article 90 of the Turkish Constitution, international treaties that have been duly enacted are directly applicable in domestic law. Also, Article 48/2 of MÖHUK allows for exemption from security based on reciprocity, which exists between Iraq and Turkey.

Recognition and Enforcement of Iraqi Judgments in Turkey

Yes, Iraqi court decisions and arbitration awards can be recognized and enforced in Turkey.

Article 79 of the agreement provides:

“Each Contracting Party shall recognize and enforce the following decisions made in the other Contracting Party, provided they are executable under its own laws:

• Final judicial decisions in legal and commercial matters
• Final decisions in criminal matters that provide for compensation for damages and restitution of property
• Arbitration decisions in legal and commercial matters”

Thus, Iraqi judgments, Iraqi decrees, and Iraqi arbitration decisions can all be enforced under this legal framework.

Reciprocity Principle in Recognition and Enforcement

One of the key requirements for recognition and enforcement is reciprocity. The agreement between Iraq and Turkey satisfies this requirement, which means:

• Iraqi judgments and decrees are enforceable in Turkey.

• Iraqi nationals do not need to provide security when initiating lawsuits or enforcement actions.

Additional Legal Conditions under Turkish Law

Even though reciprocity is ensured by the agreement, other legal criteria under MÖHUK must also be met:

• The decision must be final and binding.

• The decision must come from a competent court.

• The parties must have had the right to a fair trial and defense.

• The decision must not violate Turkish public order.

Conclusion

The 1990 Legal and Judicial Cooperation Agreement between Iraq and Turkey offers a streamlined process for the recognition and enforcement of Iraqi court decisions in Turkey, including security exemption. These legal protections provide greater access to justice for Iraqi plaintiffs and facilitate cross-border legal cooperation. Lawyers and parties involved in such matters can benefit from a predictable and reciprocal legal framework.