JUDICIAL AND OTHER MEASURES DETERMINED WITHIN THE SCOPE OF THE FULL LOCKDOWN DECISION AGAINST COVID-19

As you are aware, the Ministry of Interiors has published its public mandate titled “Circular on Full Lockdown Measures for 81 Provincial Governorships” dated 26 April 2021, setting forth detailed regulations on full lockdown and intercity travel restriction.

The Council of Judges and Public Prosecutors (in Turkish “HSK”) has circulated its decision as a recommendation to be considered by the Turkish courts and prosecution offices on 27 April 2021, whereby it is declared:

• All hearings and on-site investigation (in Turkish, “keşif”) to be conducted by the civil and administrative courts of first instances and the regional civil courts of appeal, regional administrative courts of appeal are postponed from 7 p.m. on Thursday, 29 April 2021, until 5 a.m. on Monday, 17 May 2021 except forarrested persons (whether or not to open a hearing is at the discretion of the judge or the court) and urgent works, investigation and prosecution files with imminent statute of limitations, requests for suspension of execution and other works and transactions that can be considered urgent.

• The procedures for postponement of hearings, and on-site investigation will be carried out through documentation and without opening any hearings. The parties will be notified of the new hearing day and the time of on-site investigation.

• In case the evaluation of detention is mandatory according to the Criminal Procedure Code numbered 5271, hearings will be held by listening to the arrested person and the attorneys through the Audio and Video Information System (“SEGBIS”),

• Appeals against detention, appeals against the decision of suspension of execution and appeals against the judge of execution will be carried out primarily through the National Judiciary Informatics System (“UYAP”) or, if deemed appropriate, by using of all kinds of communication methods.

• Hearings and judicial works, which were decided to be postponed within the scope of the full lockdown measures, will be held after a  working day following the end of the lockdown, so as to prevent any damage to the parties to the dispute.

• Interim injuctions and objections against such injuctions should be handled by respecting the measures to prevent the pandemic.

• Judicial activities will not cease during the suspension period and the complaints and notices regarding the offences and and perpetrators will continue within the framework of the right to file lawsuits and claims.

Please kindly note that procedural deadlines are not suspended in judicial proceedings, notably in civil cases. We kindly recommend you to pay attention to the time limitation periods in works and transactions that are currently in progress. Execution proceedings are also continued to be carried out before the enforcement offices.

As per Omnibus Law Amending Tax Procedural Law and Other Laws numbered 7318 published in the Official Gazette on 30 April 2021 (in Turkish, “Vergi Usul Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”) provides additional measure in order to prevent any right of loss of the affected persons or entities regarding to (i) the deadlines for submission of cheques, (ii) the enforcement proceedings of negotiable instrument (in Turkish, “kambiyo senedi”)  including preliminary attachment (in Turkish, “ihtiyati haciz”) decisions are postponed from 30 April 2021 until 31 May 2021.

For requests related with negoatiable instrument due during the period begining from 30 April 2021 until 31 May 2021, the ongoing enforcement and bankruptcy proceedings shall be suspended, no preliminary attachment orders shall be granted or no enforcement and bankruptcy proceedings shall be commenced in this period.

As per the Law on Public Finace Management and Auditing numbered 5018, the commencement of any enforcement and bankruptcy proceedings from 30 April 2021 and 31 May 2021 with regard to the debts owed to the public administrations are prohibited.

The Trade Registry Office will only process the ongoing transactions and will not accept new applications until 17 May 2021.

Notary Public Offices will continue to operate full time from 10 a.m. until 4 p.m. between the dates of 30 April 2021 and 12 May 2021.

The parties or their attorneys who are required to attend to the courthouses for their mandatory duties and transactions related to the lawsuits and enforcement proceedings will be exempt from the lockdown.

Our Law Firm remains at your disposal for any further clarifications you may need.