Petition For Appeal Against Curfew Violation Penalty
TO ALANYA CRIMINAL COURT OF PEACE ON DUTY
OBJECTOR :
ADDRESS :
OBJECTED INSTITUTION :
SUBJECT OF OBJECTION : My objection to the curfew administrative fine.
EXPLANATIONS:
Although I do not accept that I violated the curfew restriction and other allegations against me, the legal justification for the curfew restriction within the scope of the circular published by the Ministry of Interior is shown as Article 11/C of the Law on Special Provincial Administration and Articles 27 and 72 of the Law on Public Hygiene.
Although the Law on Provincial Administration clearly authorizes governors to make decisions and take measures in certain matters, I consider that the imposition of curfews based on this law is contrary to the principle of “determining the rule of law” regulated under Article 2 of the Constitution. When Articles 27 and 72 of the Law No. 1593 on Public Hygiene are examined, it is seen that they include powers such as quarantine for a certain period of time in homes or hospitals for patients and suspected cases, examinations for travelers, and quarantine for epidemics in a certain location.
I consider that the situations in the relevant articles are contrary to Article 13 and Article 15 of the Constitution. When the fundamental rights and freedoms under Article 13 of the Constitution are restricted under certain headings and Article 15 of the Constitution is examined, war, mobilization or extraordinary issues must occur among the situations in which it is possible to restrict the fundamental rights and freedoms of the person. However, although the coronavirus is an epidemic disease, it does not meet the conditions specified in the Constitution and contradicts Articles 27 and 72 of the Public Health Law. I am of the opinion that the curfew imposed under the Provincial Administrative Law and the Public Hygiene Law is contrary to the Constitutional articles.
Again, the curfew that caused me to be fined was not imposed by law, but by circular. This practice is also against the essence of the Constitution.
Another application for objection to another administrative fine on the same subject, based on the same grounds stated above, was accepted by the 5th Criminal Judgeship of Peace of Adana, Republic of Turkey “in accordance with Article 28/8-b of the Law on Misdemeanors No. 5326 due to the unlawfulness of the administrative sanction decision” and the administrative fine imposed on the applicant was abolished by the aforementioned Court with the “decision dated 24.02.2021 and numbered 2021/1183 D.İş”. I believe that this decision constitutes a “precedent decision” and I hereby submit the decision as an annex to this appeal petition.
The administrative fine imposed on me was imposed by administrative law enforcement officers. However, the authority in this matter belongs to the Local Administrative Chief, not the law enforcement officers. The imposition of administrative fines by law enforcement officers is unlawful in terms of authority. The Case Law Text of the 19th Criminal Chamber of the Court of Cassation, which was evaluated as a result of an objection to another administrative fine on the same grounds, evaluates the unlawfulness in terms of the aforementioned authority as follows
“Administrative fines written in this Law are imposed by the local administrative chief”; Since the authority to issue the administrative sanction decision belongs to the local administrative chief, it has been evaluated that the transaction will be unlawful in terms of the “authority” element in terms of imposing an administrative fine by the administrative police department in charge of keeping the incident (misdemeanor) report.
For all these reasons, I request that the administrative fine imposed on me be canceled.
CONCLUSION AND REQUEST: For the reasons briefly explained above, I respectfully request and demand that my objection be accepted and the administrative fine of 3.150,00 TL, which was issued in violation of the law, be canceled. 08/06/2021
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