Can the Police Issue a Mask Fine? In response to reports claiming that police cannot issue fines under coronavirus measures, the General Directorate of Security has issued a statement. According to the Directorate, “In matters like this, police have the authority to draw up official reports. They will continue to use this authority.” As with the rest of the world, the coronavirus pandemic continues to affect life negatively within our borders. To prevent the spread of the virus, responsible authorities have implemented various measures. When individuals act contrary to these measures, administrative sanctions are applied by the competent authorities in accordance with the law.
Citizens who received administrative sanctions have appealed to judicial authorities for annulment, and some courts have annulled certain administrative penalties. Following the annulment of those sanctions by the competent courts, on July 4, 2020 some media outlets published articles claiming that police cannot issue fines under coronavirus measures. In response to these reports, further clarification has become necessary.
The Police Can Issue Mask Fines
The police can issue mask fines under coronavirus precautions. Article 22 of Misdemeanors Law No. 5326 states that “the administrative board, authority or public officials expressly indicated in the relevant law are authorized to decide on administrative sanctions arising from an offense.” Likewise, Article 294 of Public Health Law No. 1593 stipulates that “administrative fines prescribed in this Law are imposed by the local civil administrator.” With these provisions in mind, when examining the court decisions that annulled administrative sanctions applied to those violating measures taken to prevent the spread of coronavirus in Turkey, it was determined that the administrative sanction report must be approved by the civil administrator before being served on the person concerned. In the cases that reached the courts, the report had been served to the individual without first obtaining the civil administrator’s approval, which led to the challenge. All personnel have been warned to avoid such procedural mistakes in the future.
The procedural error described was an isolated mistake and does not affect other properly conducted, binding procedures. The police have the authority to prepare official reports for these and similar matters, and will continue to exercise that authority as required.