TO (ŞEHİR) CRIMINAL JURISDICTION
OBJECTIVE: Name Surname (TC: )
Address
OPPONENT PARTY: (The name of the governorship will be written by whichever governorship has imposed the penalty) GOVERNORSHIP (PROVINCIAL POLICE DIRECTORATE)
Address
SUBJECT : (The name of which will be written by whichever governorship the penalty is given) consists of my request for the annulment of the administrative sanction decision with serial number (….) by the Governorship.
REPORT SUBJECT TO THE OBJECTION
DATE OF ISSUANCE:
REPORT SUBJECT TO THE OBJECTION
DATE OF DELIVERY:
DESCRIPTIONS :
(….) Upon the request of the Provincial Security Directorate (….), an administrative fine of 900 TL was imposed by the (….) Governor’s Office for opposing the Public Health Law No. 1593 (Article 282). However, this sanction is devoid of legal basis and is not appropriate. Namely;
Briefly, in the sanction decision communicated to me; According to the report, the reason for my being unmasked in the “(….)” position was shown. However, there is no evidence in the report to prove that my party is unmasked. The mere report data created by the law enforcement forces is not sufficient for an administrative sanction decision, and there must be explanatory and definitive evidence regarding the issue that caused the sanction. If the traffic police are obliged to rely on various means of proof such as photographs, video recordings and witness statements, records proving the situation should be added to the report regarding not wearing a mask. Therefore, it was not correct to impose an administrative sanction on me for not wearing a mask based on the report based only on the statement of the law enforcement officers.
In addition, the “measures/obligations to wear mask” to be taken in the fight against epidemics or infectious diseases, in which the measures that can be applied are limited in Article 72 of the General Sanitary Law No. 1593, is not a responsibility clearly regulated in the Law No. 1593, and acting contrary to these measures is a prohibition listed in this law. or not mandatory. For this reason, it is not possible to apply Article 282 of the Law No. 1593.
CONCLUSION AND REQUEST: Evaluating together the issues presented and explained above and to be observed ex officio by your judgeship;
CANCELLATION of the administrative sanction decision with serial number (….) by the Governorship of (….),
I request that the costs of the trial be charged to the other party and that a decision be made.
