Turkish authorities implement additional measures in the judiciary to curb spread of covid-19

Zihni BilgehanSenior Partner, Ersoy Bilgehan

The authorities continue to implement precautions in the judiciary system in order to prevent the spread of the COVID-19 disease caused by the new corona virus, which was declared a pandemic disease by the World Health Organization on 11.03.2020.

The first precaution was announced on 13.03.2020 by the Council of Judges and Prosecutors where it recommended that “the hearings and court surveys be postponed except for investigations and prosecutions with regard to the imprisoned persons and any other issues to be considered urgent”. Accordingly, the relevant parties have been notified of the new hearing dates through the National Judiciary System.

ENFORCEMENT PROCEEDINGS ARE SUSPENDED BY PRESIDENTIAL DECREE (BASED ON ARTICLE 330 OF THE ENFORCEMENT AND BANKRUPTCY LAW)

A more recent measure was introduced through the Presidential Decree No. 2279 published on 22.03.2020. Pursuant to this Decree all enforcement and bankruptcy proceedings, except those regarding alimony claims have been suspended until 30 April 2020 It follows that new requests for enforcement shall not be processed, no actions shall be taken with regard to seizure or forced sale of assets and no further action shall be taken in the pending proceedings. Although it is possible to request and obtain injunctions, these shall not be enforced.

Further details on the application of the Presidential Decree will be provided by the relevant authorities in the days that follow. It is possible that the suspension may be extended further and that further precautions may be implemented.

Last but not least, according to a live announcement by the Minister of Justice earlier today courthouses will be manned by duty personnel and notaries will work on a shift basis commencing 24.03.2020.

Our firm will continue to update our clients and friends of the firm of any developments regarding the precautions being implemented to fight the COVID-19 pandemic. Please do not hesitate to contact us if we can be of any assistance to you.