Monthly benefits for civilians harmed by terrorism — Law No. 5233, published in the Official Gazette on 17.07.2004, was amended with additional provisions on 12.07.2012 that introduced the possibility of assigning monthly payments. According to these provisions;
- Monthly payments may be granted to the families of civilians killed during terrorist acts,
- Monthly payments may be granted to the families of civilians who died while performing duties related to counter-terrorism,
- Monthly payments may be granted to civilians injured during terrorist acts,
- Monthly payments may be granted to civilians injured while performing counter-terrorism duties.
Under the relevant law, the state provides amicable compensation for the pecuniary losses of individuals and legal entities harmed as a result of terrorism. Prior to 2012, victims of terrorism received only lump-sum compensation; the practice of assigning monthly pensions to civilians began after the 12.07.2012 amendments. The law also made it possible to grant monthly payments retroactively to persons harmed before that date, addressing past grievances by compensating eligible victims for prior losses.
Damages Covered by Amicable Settlement under Law No. 5233
The updated 5233 law of 2012, concerning the deprivation of rights suffered by civilians harmed by terrorism, aims to cover the following:
- Compensation for damage to all immovable property and, where applicable, movable property, trees, livestock and crops,
- Payment of medical and funeral expenses when civilians are injured, disabled or killed as a result of terrorist activities,
- Compensation for financial losses resulting from inability to access a person’s assets due to terrorist acts.
How Is Damage Assessed?
The regulation of Law No. 5233 sets out the principles for damage assessment in Article 7:
- First, a written declaration by the person claiming to have been harmed by terrorism is required,
- Alongside the claimant’s statement and the circumstances of the incident, administrative and judicial records and documents are evaluated; the precautions the victim took or should have taken are also considered,
- Any negligence or fault of the harmed parties is taken into account during damage assessment,
- All relevant documents are reviewed and, based on current economic conditions and equity, the commission and experts complete the damage assessment,
- For immovable property, valuation is carried out in accordance with Article 11 of Law No. 2942, and the statutory valuation principles are directly applied.
Payments for Civilians Injured, Disabled or Deceased Due to Terrorism
In addition to compensation for damaged property, Law No. 5233 details payments for civilians who are injured, become disabled or die as a result of terrorism. The amount payable to victims or their families is determined by multiplying the indicator figure of 7000 by the civil servant monthly coefficient; compensation for injury must not exceed six times that base amount for the injured, subject to the assessed degree of injury. More specifically:
- For third-degree disability as determined by authorized health institutions, compensation ranges between four and 24 times the assessed base amount,
- For second-degree disability, compensation ranges between 25 and 48 times the assessed base amount,
- For first-degree disability, compensation ranges between 49 and 72 times the assessed base amount,
- For deceased victims, a cash payment equal to 50 times the base amount is paid to legal heirs from the treasury.
Payment Procedures for Victims
Cash payment amounts are finalized with the approval of the governor and the relevant minister. The President has authority to increase or decrease the determined amount by up to 30%. Under the Law No. 5233 application process, damages agreed in an amicable settlement are paid from the relevant ministry’s budget within three months after the settlement is signed and the governor’s approval is obtained. Although ministerial approval is not required for all payments, amounts exceeding 50,000 TL may require the minister’s approval.
Granting Monthly Payments to Terror Victims
Alongside compensation for loss of life and property, the state has taken steps to provide monthly pensions to those harmed by terrorism. The 2012 legal amendment made it possible to grant monthly payments retroactively, covering individuals and families who suffered injury, death or property loss before the amendment. Important exclusions and conditions include:
- Persons injured or killed by terrorist organizations and their families may be excluded if the circumstances fall outside the law’s scope. The same exclusion applies to families of individuals neutralized by the Republic of Turkey’s security forces who were members of terrorist organizations,
- Persons convicted of terrorism-related offenses and their families are excluded from receiving these benefits,
- The retroactive scope of the law extends back to 19.07.1987. Applications by those harmed on or after this date must be resolved within two years, with compensation and monthly payment decisions finalized. Assessments rely on the applicant’s written statement and, where necessary, historical records and witness statements.
Documents Required to Grant Monthly Payments for Civilians Injured or Killed in Counter-Terrorism Activities
To apply to the governor’s office for a monthly payment for civilians injured or killed in the course of counter-terrorism, the victim or their legal heirs should submit the following documents:
- Original wet-signed document showing the decision on compensation related to the terrorist incident,
- An application petition related to the case (by the person harmed or on their behalf),
- Decision document from the damage assessment commission,
- Original wet-signed statement from the Chief Public Prosecutor’s Office proving the persons have not been convicted of terrorism offenses,
- Medical board report categorizing the disability as first, second or third degree under Law No. 5233,
- Court decision and incident site investigation report confirming the incident was caused by terrorism, and any supporting documents if available.
When Monthly Payments to Terror Victims May Be Suspended
Monthly payments granted to victims, their families or children may be suspended under certain circumstances:
- Payments are suspended if the beneficiary is convicted by a final judgment for crimes against the state; this follows precedents and case law related to Law No. 5233 and Council of State decisions,
- Payments to children cease if they begin compulsory insured employment or take up paid work abroad,
- Payments to female beneficiaries stop upon official marriage.
Payments to male children terminate when they reach 18 years of age if they are not continuing their education. If they are students, payments continue until their status is reassessed at age 20; if they are still enrolled at 20, payments continue until they reach 25 years of age.