Compensation Claims for Damages Arising from Terrorism and Counter-Terrorism Activities under Law No. 5233

Application Requirements under the Administrative Procedure Code (İYUK), Damage Assessment Commissions, Annulment Actions and Compensation Calculation System

Introduction

Law No. 5233 on the Coverage of Damages Arising from Terrorism and Counter-Terrorism Activities is a distinctive administrative compensation regime that regulates the coverage of material damages suffered by citizens due to prolonged terrorist incidents and security operations conducted in the course of counter-terrorism efforts, according to a specific procedure established by the administration.

Entering into force on 17 July 2004, this Law, unlike the logic of classical full jurisdiction litigation, provides a rapid and systematic compensation mechanism based on administrative settlement principles.

The fundamental purpose of the Law's enactment was to ensure that citizens living in regions heavily affected by terrorist incidents, particularly from the 1990s onwards, especially in the Eastern and Southeastern Anatolia Region, would have their damages covered not only through lengthy and costly judicial processes, but through an administrative mechanism that is faster, more predictable and broader in scope. In this way, both the avenues for victims to seek redress have been facilitated and the burden on the judiciary has been reduced.

Law No. 5233 departs from the classical administrative liability system in several critical respects. As is known, a significant portion of full jurisdiction cases in administrative law is based on the principles of service fault or strict liability. In service fault, a deficiency, delay or malfunction in the public service conducted by the administration is required; in strict liability, the administration's obligation to bear the damage arises in certain circumstances regardless of whether the administration is at fault.

The foundation of Law No. 5233 is predominantly the social risk principle. The social risk principle is based on the notion that when certain individuals suffer extraordinary damages during struggles conducted for the general security and order of society, it would be contrary to equity to leave this damage solely on the shoulders of the victim. The side effects of an activity conducted for the benefit of society should be shared by the entire society that benefits from that activity. Therefore, even if the state's direct fault is not proven, certain damages resulting from terrorism or counter-terrorism activities are accepted to be covered by the administration.

This characteristic transforms Law No. 5233 from being merely a compensation law into a concrete manifestation of the social state principle (Constitution Art. 2). The Constitutional Court has also emphasized in various decisions that this Law is a requirement of the social state principle and is an instrument through which the state's positive obligations are concretized in the context of property rights (Constitution Art. 35) and the right to life (Art. 17).