Content of Bans, Restrictions in State of Emergency

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 The measures and bans during the state of emergency are regulated in article 9, 10, and 11 of the State of Emergency Act.

The measures to be taken and bans to be imposed are regulated in Article 9 for “declaration of state of emergency due to natural disasters and epidemics”, in Article 10 for “declaration of state of emergency due to major economic crisis” and in Article 11 for “declaration of state of emergency due to acts of violence”.

In case of declaration of state of emergency in accordance with Article 11, also measures and bans regulated in Article 9 can be applied in addition to this article.

The measures and bans regulated in Article 11

a)Restricting or banning going out to street

b)Banning people’s wandering or rallying, vehicles’ moving at certain times and places

c)Searching people’s body, vehicles, properties and seizing the ones that could be counted crime object or evidence

d) Imposing obligation for residents and visitors of regions where state of emergency has been declared to carry ID

e) Banning printing, copying, publishing and distribution of newspaper, magazine, book, leaflet and show bill; stipulating permission or banning entry of those which were published and copied outside the state of emergency declared region to the region; pulling book, magazine, newspaper, leaflet and similar printed matters whose publication is illegal off the shelves

f) Examining all sorts of writing, image, film, disc, vocal and visual tapes and all sorts of vocal publication, registering or banning them if necessary

g) Having institutions that belong to individual or public and banks take special protection measures or ask them to increase them to ensure their internal security.

h) Inspecting all sorts of plays and movies, stop or ban them if necessary

I) Banning carrying or transportation of all sorts of gun and bullet even if they are registered

j) Stipulating permission or banning possessing, preparing, making or transporting all sorts of ammunition, bomb, explosive, radioactive matter or related matter

k)  Banning persons or groups giving the impression that they could harm public order and ruining public trust from entering, exiting a region as well as entering to or settling in an area within this region.  

l) Regulating, registering and banning  entry to and exit from areas where facilities and entities are located which are considered necessary to be considered.

m) Banning, postponing, requiring permission for assemblies or protest marches to be held in closed and open areas determining, assigning and appointing the location and time of assemblies and protest marches as well as monitoring and guarding and if necessary dispersing all assemblies subjected to permission

n) In cases except the situations in which the will of the employee exists, situations contradicting with ethics and rules of goodwill, as well as health conditions, cases of regular pension and termination of contract of service due to end of time limit or its annulment, requiring permission for or postponing lay-offs provided that the situation of the employer is taken into account and the practice does not last longer than three months.

o) Halting foundation activities provided taking a resolution for each foundation separately not being longer than three months

In addition to the measures provided in Article 11, Article 9 states that following measures and bans can be applied:

The measures and bans regulated in Article 9

a)Banning settlement in certain areas of the region, evacuating, displacing and restricting entry to and exit from certain settlement areas,

b) Temporarily suspending education in all official and private education and training institutions, temporarily or permanently closing down student dorms  

c) Inspecting entertainment venues such as clubs, restaurants, pubs, taverns, discotheque, bars, movie theaters, theaters and game arcades as well as rest areas such as hotels, motels, camps and holiday villages; determining their opening and closing hours; restricting, if necessary closing and using these places in accordance with the requirements of state of emergency  

d) Restricting or recalling annual leave of personnel in charge of carrying out services of state of emergency in the region

e) Using or if necessary temporarily seizing all communication tools and equipments in the region

f) Burning down the buildings that pose danger; destroying the movable and immovable properties determined as threat to health, insanitary foodstuff and crops,

g) Controlling, limiting or banning certain foodstuff if required, taking animal and animal feed and animal products inside and outside the region

h) Regulating the distribution of necessary supply of provisions

i) Taking precautions as to production, sale, distribution, storage and trade of foodstuff and wares required for people’s nutrition, heating, lighting, all sorts of fuel, medicine used in protecting health and in treatment, chemical matter, tools and other things, properties and objects used in construction, industry, transportation and agriculture, purchasing, sale, distribution, storing. Taking over these places if required, controlling them and closing down the businesses, which avert to sell these products, hide them, price them out of market, halt or slow down their production, if it is not of vital importance for its neighborhood by taking into account of the form and quality of the action realized.

j) Taking precautions as to land, sea and aerial traffic layout, registering or banning the entrance and exits of the transportation vehicles to the region.

(EKN/TK/DG)