Sample Petition For Appeal Against Mask Penalty
(CITY) CRIMINAL COURT OF PEACE
OBJECTOR : Name Surname (TC: )
Address
AGAINST PARTY :
(The name of the governorate that issued the penalty will be written) GOVERNORATE (Provincial Directorate of Security)
Address
SUBJECT :
(The name of the governorate by which governorate the penalty is given will be written) It consists of my request for the cancellation of the administrative sanction decision numbered (….) by the governorship.
REPORT SUBJECT TO OBJECTION
DATE OF ISSUE :
REPORT SUBJECT TO OBJECTION
DATE OF NOTIFICATION :
EXPLANATIONS :
Upon the request of (….) Provincial Security Directorate, (….) Governorship has imposed an administrative fine of 900 TL for violating the Public Hygiene Law No. 1593 (Article 282) by showing me. However, this sanction lacks legal basis and is not appropriate. Namely
Briefly in the sanction decision notified to me; The reason was shown as being unmasked in the “(….)” position depending on the report. However, there is no evidence in the report to prove that I was unmasked. The mere report data created by the law enforcement officers is not sufficient for the administrative sanction decision, and there must be explanatory and definitive evidence regarding the subject that causes the sanction. If traffic police officers are obliged to rely on various means of proof such as photographs, video recordings, witness statements in the transactions related to traffic fines, records to prove the situation should be added to the minutes regarding not wearing a mask. Therefore, it was not correct to impose an administrative sanction on me for not wearing a mask based only on the report based on the statement of law enforcement officers.
In addition, the “mask wearing measure / obligation” to be taken in the fight against epidemic or infectious diseases, in which the measures that can be applied in Article 72 of the Public Hygiene Law No. 1593 are listed in a limited manner, is not a responsibility clearly regulated in the law No. 1593, and acting contrary to these measures is not a prohibition or obligation listed in this law. For this reason, it is not possible to apply Article 282 of Law No. 1593.
CONCLUSION AND REQUEST :
By evaluating the issues presented and explained above and to be observed ex officio by your judgeship together;
Cancellation of the administrative sanction decision numbered (….) by the Governorship of (….),
I request that the costs of the trial be charged to the other party.
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