Compensation of Damages for Foreign Victims due to Terror under Turkish Law
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Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr
Within the scope of the Law No. 5233 on the Compensation of Damages Resulting from Terrorism and the Fight against Terrorism, the damages of our citizens who are victims of terrorism are compensated. Under Law No. 6353 and Law No. 6495, employment rights in the public services and salaries are provided for our citizens (including foreigners) who are victims of terrorism. Procedures for the allocation of salaries and the compensation of damages are conducted by the Governors’ Offices and by the Organization of Social Security. Procedures for employment are conducted by the Ministry of Family and Social Policies and by the State Personnel Administration.
Training was provided by the Department of Veterans and Relatives of Martyrs for the personnel assigned at the Provincial Directorates of the Ministry of Family and Social Policies for the relatives of martyrs, veterans and citizens who are victims of terrorism on 24-28 February 2014.
It must be boren in mind that there are exceptions regarding the scope of the law.
This law does not apply to:
a) The damages compensated by the state by way of awarding land or houses or in any other
way.
b) The damages compensated due to a court decision or in accordance with Articles 30-31 of
the Code no 4353, Concerning The Service of Finance Proxy Head Law Counselor and Cases
l Public Directorate, Prosecution of GovernmentTrials Procedures and Changes on Central and Town Staff,
c) The damages compensated in accordance with the final judgment of the ECHR taken in line with Article 41 of the Convention for the Protection of Human Rights and Fundamental Freedoms for violation of the articles of the convention or its additional protocols or the damages paid in accordance with the provisions of the Convention by way of friendly settlement.
d) The damages which occurred due to reasons other than terrorism, such as economic and social reasons, and the damages which occurred due to displacement of persons on their own
will.
e) The damages occurred due to deliberate acts of the persons themselves.
f) The damages suffered by persons on account of their act of aiding and abetting in terror incidents or due to crimes falling under Articles 1, 3 and 4 of the Anti Terror Law provided
that they have been convicted of such crimes
Under article 7, damages which must be compensate is stated as below:
The damages to be compensated by this Law through peaceful settlement are as follows:
a) All damages given to the animals, trees, – products and other movable and immovable properties.
b) Damages resulting from injury, physical disability and death and the expenses made for medical treatment and funerals.
c) Material damages due to the reason that people could not reach their assets because of the activities carried out under the fight against terrorism.