(CITY) CRIMINAL COURT
PURPOSE: First Name Last Name (TC: )
Address
OPPOSITION PARTY: (The name of the governorate imposing the penalty will be written) GOVERNORATE (PROVINCIAL POLICE DIRECTORATE)
Address
SUBJECT: (The name of the governorate imposing the penalty will be written) My request for the cancellation of the administrative penalty decision with serial number (….) of the Governorate.
THE REPORT IS SUBJECT TO APPEAL
DATE OF PUBLICATION:
THE REPORT IS SUBJECT TO APPEAL
DATE OF DELIVERY:
EXPLANATIONS:
Upon the request of the (….) Provincial Security Directorate, an administrative fine of 900 TL was imposed by the (….) Governorate for violating the Public Health Law No. 1593 (Article 282). However, this sanction lacks legal basis and is inappropriate. Namely;
In summary, the sanction decision communicated to me states that, according to the report, the reason for not wearing a mask in the “(….)” position has been indicated. However, there is no evidence in the report to prove that I was not wearing a mask. The data in the report prepared by the law enforcement authorities alone is not sufficient for an administrative sanction decision, and there must be explanatory and conclusive evidence regarding the issue that led to the sanction.
If the traffic police need to rely on various evidence tools such as photographs, video recordings, and witness statements, records proving the situation related to not wearing a mask should also be added to the report. Therefore, it is not correct to impose an administrative sanction on me for not wearing a mask based solely on a report relying on the statement of the law enforcement officers.
Furthermore, “mask-wearing measures/obligations” to be taken in the fight against epidemics or infectious diseases are limited to the measures that can be applied under Article 72 of the General Health Law No. 1593, and are not a responsibility explicitly regulated in Law No. 1593, and acting contrary to these measures is not prohibited or mandatory under this law. Therefore, the application of Article 282 of Law No. 1593 is not possible.
CONCLUSION AND REQUEST:
Considering the above-mentioned and explained issues together and taking into account the issues that your jury will observe ex officio;
I request that the administrative penalty decision with serial number (…) issued by the (…) Governorate be revoked,
that the litigation costs be borne by the other party, and that a decision be made.