IN GENERAL:

In accordance with sub-paragraph of Effectiveness and Exercise Way of Criminal Court Law 5320, for the damage suits before 01.06.2005 The Law 466 is applied, and for the damage actions after 01.06.2005, 141-142 articles of Criminal Justice Law is applied after 01.06.2005.

In accordance with the Criminal Justice Law 5271, the reasons that produce compensation right are as the following;

ARTICLE 141-(1) during the criminal investigation and prosecution, those persons listed below can claim pecuniary and non-pecuniary damages from the government; who are

a) captured, arrested or decided about continuation of his/her detention for the conditions not provided by law,

b) not brought before the judge within the legal detention period,

c)  arrested without being reminded about legal rights or the request of benefiting from the reminded right is not satisfied, and arrested,

d)  although arrested in compliance with the law, not brought before trial authority in a reasonable period ad a ruling is given within this period,

e) arrested and imprisoned legally but then adjudged that there was no need for prosecution or the accusation is dismissed,

f) sentenced, and period of detention and imprisonment are longer then conviction period, or condemned to this penalty compulsorily since legally anticipated penalty for the committed crime is only pecuniary penalty,

g) Arrestment and imprisonment reasons and the accusations are not communicated to them in writing, or, if this not applicable instantly, in verbal notification,    

h) arrestment and detention are not notified to their relatives,

i) search warrant for them is conducted intemperately,

j) belongings and other property values are sequestered although the conditions are not occurred, or required precautions are not taken for the their protection, or belongings and property values are abused, or they are not given back on time,

k) are not given legally anticipated application opportunities in the case of detention and imprisonment.

(2)  The authorities who rendered the decisions specified in (e) an (f) sub-paragraph notify the concerned party that he/she has compensation right, and this subject is added to the decision.

(3) Aside from the circumstances specified in first sub clause, damage suits against the decisions and transactions of the judges and Public Prosecutors, including personal fault, wrongful act and other violation of responsibility during criminal investigation or proceeding, can only be filed against Government.

(4) Government revokes, because of the damages which it has paid, to those judges and prosecutors within one year, who commit malpractice in connection with their decisions and transactions violating the requirements of their duties.

TERM OF LITIGATION:

In accordance with the Article 142 of Criminal Law 5271, the suit is to be filed in THREE MOHTH from the date when the concerned party is served that decision or judgement is finalised. The important point to be noted here is to serve the decision to the concerned person himself/herself, not to read it in the face of him/her. The term starts with the delivery of this notification.

JURISDICTION and AUTHORSIED COURT 

Jurisdiction and authorisation issues are important for this cases. The case shall be adjudicated by the HIGH CRIMINAL COURT where the suffered person resides, and if that high criminal court is concerned with the transaction that is associated with the damage and there is not another high criminal court in the same place, then the case shall be adjudicated in the nearest high criminal court.

POINTS TO CONSIDER IN THE APPLICATION:

a-) To write clear identity and address in petition is compulsory. b-) Relevant information and documents are to be submitted to the court in a file. c-) In case that there are lacking items in the petition, the court shall provide one month time to complete it. d-) When petition and its annexes are complete, the petition is served to Treasury on the condition that it should be replied in 15 days. e-) The court grants the decision in a hearing proceeding. The court may carry out any investigation ex office whenever it requires.   

WHAT ITEMS ARE INCLUDED IN MATERIAL DAMAGES?

a-) The damages incurred due to the days-off during detention period. b-) The damages incurred because the workplace is remained closed. c-) Representation expenses paid to the attorney, if represented by an attorney in jurisdiction. d-) The expenses incurred in the prison during detention period. In the case that monthly income is not evidenced completely, calculation is made basing on minimum wage. 

The court will take a damage decision because of false imprisonment considering the job, profession, accusation and detention period the inflicted person. Judges and High Court abstain from granting a decision when they are faced with granting high rate non-pecuniary damage decisions. Yet, the courts are beginning to change their attitudes in this matter recently.   

A&N LAW OFFICE 2015

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