One more court in Turkey finds fines for violating pandemic curfews ‘unlawful’

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The Manisa Saruhanlı Criminal Judgeship of Peace has cancelled the fine imposed by the police on a citizen for violating the curfew declared as part of novel coronavirus (COVID-19) measures in Turkey.

Cancelling the fine upon the applicant's appeal, the judgeship has noted that curfew is not mentioned as a measure in the Public Health Law. Accordingly, it has concluded that the fine imposed on the citizen was against the "principle of legality of crimes and punishments."

As indicated in the court case, the incident briefly happened as follows: İ.B. was taken to the police station on April 25, 2021 on the grounds that s/he did not abide by the stop warning of law enforcement officers. Disputing with the police, the citizen was then taken into custody. After giving a statement, İ.B. was given an administrative fine (3,180 lira) for violating the curfew.

İ.B. took legal action against this fine via lawyer Sercan Bozkaya; the lawyer objected to the fine on May 31, 2021. Bozkaya said that what his client did was not contrary to law and argued that the fine was not lawful. The lawyer demanded the cancellation of the fine.

The Saruhanlı Criminal Judgeship of Peace asked the Saruhanlı Sub-Governor's Office for the documents based on which İ.B. had been fined. The Office only sent the administrative fine document.

Finalizing the case on December 28, 2021, the judgeship listed the Articles 52, 72 and 282 of the Public Health Law, based on which İ.B. was fined, and said that the situations and measures for imposing an administrative fine should be limited to the ones indicated in these articles.

Accordingly, the judgeship has said that banning people from going out on the street (curfew) is not a measure indicated in the law. It has further stated that the misdemeanor leading to an administrative sanction shall be openly described in the law as per the principle of legality.

The judgeship of peace has therefore concluded that the administrative fine in question was against the "principle of legality of crimes and punishments" and ruled that the related fine should be lifted. The court expenses will also be met by the public authority, according to this ruling. (HA/SD)