The Status of Internally Displaced Kurds in Turkey: - Kurdish Human ...

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KHRP / BHRC 2006of an expert, shall establish the net amount, of losses in accordance with article 8,the pecuniary amount to be paid in case of wounding, disablement and in the eventof death in accordance with article 9, the implementation according to article 10,taking into consideration the amount to be accounted in accordance with article11. A copy of the draft shall then be notified to the person concerned along with aninvitation.In the invitation it shall be stated that the person concerned or his authorisedrepresentative should attend the commission within twenty days in order to signthe draft document, otherwise he will be deemed not to have accepted the draftwhile his legal right to redress is reserved.In the event of the person concerned or his legal representative accepting the draftit shall be signed by them and by the chairman of the commission.In the event of the draft not being accepted or it being deemed to have not beenaccepted in accordance with paragraph two a record shall be drawn up and copiessent to the person concerned and the Ministry.The right to legal redress is reserved for those parties that cannot achievereconciliation.Meeting lossesArticle 13 – losses detailed in the draft shall be paid from the fund placed in theMinistry budget for this purpose on the approval of the governor following thesigning of the draft.The Ministry may decide on payments in kind or of a pecuniary nature of overtwenty billion Turkish lira on the approval of the Minister. This sum shall increaseevery year in accordance with article 298 of the Taxation Procedure Law no. 213.The state reserves the right to revoke in accordance with general provisions.Supervision and responsibilityArticle 14 – The commissions shall be supervised by the Ministry.Offences committed against those employed in the ascertaining of losses shall bedealt with as offences against public servants and offences committed by thoseemployed in this task shall be dealt with according to provisions covering publicservants.56
The Status of Internally Displaced Kurds in TurkeyExceptions and exemptionsArticle 15 – Applications, statements, documentation and official procedures inpublic offices and notary public and donations produced to use for this purposeshall be exempt from all tax and expenses.Tax deductions regarding donations made to be utilised for the purposes laid downin this law shall be defined by regulation.Official notificationArticle 16 – The provisions of Notification law no. 7201 shall be implementedregarding notification concerning this law.RegulationArticle 17 – The principles and procedures of the commission, procedures to befollowed during the ascertaining of losses and the establishing of net amount, theform of pecuniary payment and other matters shall be covered in a regulation to beprepared by the Ministry within two months of the publication and implementedby the Committee of Ministers.Provisional article 1 – The provisions of this law shall be implemented concerningapplications made within a year of this law coming into effect to governors’ ordistrict governors’ offices regarding losses caused by offences committed between19.7.1987 and the coming into force of this law within the scope of articles 1, 3 and4 of the Anti-Terror Law no. 3713 or counter terror activities undertaken to combatterrorism.Applications made in accordance with this article shall be concluded within twoyears of application.Provisional article 2 – Those public servants or their heirs who suffered losseswhile on duty in the struggle against terrorism between 19.7.1987 and the date thislaw came into force and received compensation in accordance with the relevantlegislation may apply within a year of the publication of this law to the relevantgovernor or district governor’s office. In the event of the compensation they receivedbeing less than that envisaged under this law they shall receive the differenceincluding legal interest. If the amount they received is more than envisaged underthis law no demand will be made for repayment.Applications made in accordance with this article shall be concluded within at thelatest a year from the date of application.57
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