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2004 | 2004 Law on the Compensation of Damages that Occurred due to Terror and the Fight against Terror No. 5233 Summary

The Turkish Law on the Compensation of Damages that Occurred due to Terror and the Fight against Terror, Law No. 5233 (original name: Terör ve Terörle Mücadeleden Dogan Zararlarin Karsilanmasi Hakkinda Kanun), was adopted by the Turkish Grand National Assembly and entered into force in 2004. Its Article 1 states that the objective of the law is to lay down the principles and procedures for the compensation of material damages suffered by persons due to terrorist acts or activities undertaken during the fight against terror.

This legal instrument can be applied to the conflict in Southeast Turkey on the basis of the security operations undertaken by the Turkish government, with the purpose of combating terrorist activities in that area. Compensable damage would include material damages suffered by civilians in various areas, such as property destruction, physical injuries and deaths. In these cases, Act No. 5233 imposes the establishment of Damage Assessment Commissions, setting out the duration, format, examination and finalization of the applications made by the victims. It provides for different types of compensation, as well as stipulating certain exemptions and immunities.

This is an unofficial English translation of the law, that can be found on NATLEX, (a database of national labour, social security and related human rights legislation of 196 countries and over 160 territories and subdivisions).