EVERYTHING THAT OUR BROTHERS AND SISTERS, THE VICTIMS OF THE TERRORISM ATTACK IN REINA SHOULD KNOW ABOUT COMPENSATION RIGHTS AND APPLICATION PROCEDURES, ARE SPECIFIED BELOW
In accordance with the Law No. 5233 on the Compensation of Damages that Occurred Due to Terror and the Fight against Terrorism, settling “pecuniary damages” in pais (without opening a court case) constitute the basis. The claims for non-pecuniary damages have been excluded from this law.
Right holders that will be considered as entitled under the law, may be real persons or private legal entities. In other words, as well as heirs to the wounded or deceased, businesses in the region such as private teaching institutions, commercial establishments, restaurants, jewelry shops, etc. which has suffered material damage due to the act may also apply.
DAMAGE ASSESSMENT COMMISSION, DURATION OF APPLICATION, APPLICATION METHOD AND EVENTUATION
Application should be addressed the Governorate of Istanbul. Within the scope of this law, if there is an application made to the Governorate, a “damage assessment commission” is established within 10 days of the application, upon the appointment of the governor.
APPLICANTS; ARE THE INJURED INCLUDED IN THE ABOVE COVERAGE OR ANY HERITORS.
In the application; names and last names of the injured or their heirs, residence addresses, kind of damage (wounded - dead), the amount of loss (any amount of compensation can be written as desired), way of realization (raking with firearm), place of realization (REINA, Ortaköy Mahallim Naci Caddesi Besiktas / ISTANBUL) and the date (01.01.2007) are required to be written.
The Commission shall establish the determination of the amounts to be compensated for damages against life, bodily integrity and property and the identification of the net amounts to cover the losses suffered in pais; the determination of the amounts to be deducted; the determination of the figuration of the cash payment, the amount, the rates of the physical injuries incurred and the loss of working power; and the determination of real manners of execution.
Whist the damages can be compensated in cash, if cases where real compensation is possible, they will be compensated in real terms as well. For example, if a sound device or similar device is damaged in the explosion, a vehicle of the same quality will be provided. For example, if a voice device or a similar device is damaged in the explosion, a device of the same quality will be provided.
Application Period and Method:
The application is made within 60 days from the date of discovery of the event causing the damage and within 1 year from the date of the event in any case.
If 60 days have passed since the discovery of the event, following the establishment of the event as a terrorist act by a court decision, it may be possible to start the period of time as 60 days.
As the process of "discovery of damages" continues for those who suffer from health problems and for those who are undergoing treatment, the loss of work may become evident at the end of their treatments, it should be possible to apply within 60 days after the end of this process, that is, when the damage is fully learned. The decisions of the Council of State are also in this direction. However, in this second case, the application period is at most one year.
In the event of wounding or becoming disabled, the length of stay in the hospital will not be included in the calculation of the application period.
However, the time from injury until hospitalization will be deducted from the 60-day application period. When the patient is discharged from hospital, the time until hospitalization will be deducted and the remaining time will be start to be processed.
The application is made to the Governorate of ISTANBUL.
Those who were involved in the act living in other cities, may apply to the Governorate of Istanbul via their Governorates, district Governorates or Turkish Republic Foreign Representative Offices. Applications made to other authorities of the state, public institutions and organizations are also sent to the Governorate of Istanbul.
EVENTUATION OF THE APPLICATION
The Commission shall conclude its work within six months from the date of the application. However, the governor may extend this period for a further 3 months if deemed necessary.
Applications made during the term of litigation stop the term of litigation. Explanations regarding term of litigation are given below, under the heading of full remedy action. Therefore, according to this law, when the damage compensation application is made, the period for filing the lawsuits stemming from the Administrative Procedures and Jurisdiction Law is stopped with this application.
CONTENT OF DAMAGES WHICH WILL BE COMPENSATED
Damages, treatment and funeral expenses incurred in case of injury, disability and death;
After the determinations and calculations are made by the Commission, the draft of the negotiated settlement is prepared and an example is notified to the right holder with an invitation letter.
The right holder must go in person or send a legal representative to the Commission to sign the draft negotiated settlement within 30 days of the notification of the invitation is received. Otherwise the negotiated settlement is deemed unaccepted. In this case, within the framework of the provisions of the Administrative Procedure Law the right to demand compensation for damages by applying for full jurisdiction is still reserved.
Damages determined by the negotiated settlement shall be compensated within three months after the signature of the negotiated settlement, upon the approval of the governor.
In the printed sample of the negotiated settlement, there is an acquittal statement stating “all my losses have been met”. Since the law does not contain any regulation on non-pecuniary damages, it should be annotated that “my right to compensation of non-pecuniary damages is reserved” when the negotiated settlement is signed.
Apart from this, if the applicant victim thinks that his/her financial losses have not been fully met, he/she should not sign the negotiated settlement. In this case, a memorandum of dissent is held and the period for filing the lawsuit begins.
Cash payments are made to the bank accounts of the right holders.
Applications made under this Law are exempt from all kinds of taxes, duties and fees.
COMPENSATION APPLICATIONS AND FULL REMEDY ACTIONS IN THE SCOPE OF ADMINISTRATIVE PROCEDURE LAW NUMBER 2577
Any claim for non-pecuniary damages shall be made by applying in accordance with this law. According to the above-mentioned Law No. 5233, applications to the Governorate do not cover non-pecuniary damages. Therefore, according to Law No. 5233, everyone who applies for pecuniary damages must also apply for non-pecuniary damages in accordance with Law No. 2577.
The application must be made to the Ministry of Interior.
For claims of non-pecuniary damage, an appeal must be filed within one year following the explosion or injury. If the duration of damage discovery, the damage i.e. the duration of the treatment is still ongoing, the application should be made within a maximum of five years. So the upper limit is 5 years in this case. So the upper limit is 5 years in this case.
Ministry of Internal Affairs is expected to respond within 60 days of the application.
If the Ministry responds and refuses to pay non-pecuniary damages, the victim will have the right to bring an action, this time within 60 days following the receipt of the response from the Ministry.
If the Ministry fails to respond within 60 days of the application, again it will be deemed that the application has been rejected (implied rejection). In this event, since the 60 days period after the application is expired, this time a new 60 day period for the victim to bring an action will start from the beginning. The case will be opened at the Administrative Court of ISTANBUL.
If victims do not choose to apply to the Governorate in accordance with Law No. 5233 regulating applications of victims suffered from terrorism, they may apply by this method for all their pecuniary damage compensations. However, it should not be forgotten that salary assignment is not possible in this second method, with applications and lawsuits to be made under this law. The application procedure, duration and applicable authorities are different. According to Law No. 5233, damages should be calculated by applying to the Governorate of ISTANBUL; but in this way, if salary is not assigned, it is possible to bring an action according to the second way. Without applying, one cannot demand to be put on salary by bringing an action.
According to the legal regulation of Victims of Terrorism numbered 5233, in the application made to the Governorate of ISTANBUL, in case a memorandum of contradiction is kept if the victim does not agree on the amount of the financial compensation drawn by the Governorate, a case will be filed in accordance with the Administrative Procedures and Jurisdiction Law.
In this case, we have already mentioned that according to the Law 5233, the victim will be required to file an appeal in accordance with the Administrative Procedures and Jurisdiction Law. By the filling of the memorandum of contradiction, the term of litigation which has been stopped, will maintain its process. Therefore, it is necessary to be careful as the period before the application will be reduced during the trial period. For example, let’s assume the victim applied to the Governorate of ISTANBUL within 50 days after the explosion in accordance with the Law No. 5233. The victim found the figure of damage assessed by the Governorate within six months inadequate, and a memorandum of contradiction was kept. After the memorandum of contradiction is kept, 50 days from the time passed before a court case is filled from the 60 days period of the term of litigation will be deducted and the victim will have 60 days term of litigation – 50 days court case duration = 10 days to open a new court case. This period will commence when the memorandum of contradiction is kept. According to the Law No. 5233, in the case of the application made to the Governorate of ISTANBUL, if the contradictory memorandum is kept, both the ISTANBUL Governorate and the Ministry of Interior should be indicated as opponents in the case opened.
I respectfully present my intense sorrow and my most sincere heartfelt sentiments from this dire gravity.
CHAIRMAN OF THE EXECUTIVE BOARD