environmental crimes in turkey november, 2009 republic of turkey environmental crime, vienna,...

Environmental Crimes in Turkey

November, 2009 Republic of Turkey

Environmental Crime, Vienna, November-2009

Ministry of Justice

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LAW on ENVIRONMENT

If the Penal Code is not applicable, the Law on Environment comes into play

It foresees administrative fine to be imposed by administrative authorities for those who pollute environment

Administrative fine shall be increased if a legal entity is involved.

“Polluter pays” principle prevails in the law even if polluter has no ignorance.


PROCEDURE FOR INVESTIGATION No particular procedure for environmental crimes General provisions apply Prosecutor can start an investigation upon either a complaint or his/her own motion Prosecutor has the flexibility to bring a case before the court, having regard to evidence collected Everyone is presumed to have an interest in lodging a complaint If non-prosecution decision is taken, there is a possibility to take the issue before the Aggravated Penal Court

APPEAL

For the crimes set out in the Penal Code, appeal shall be made to Court of Cassation

For the crimes envisaged in the Law on Environment, appeal shall be made to criminal courts.

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Everyboy who comes into knowledge of damage caused on environment is entitled to ask relevant authorities to take measures or stop it.

Everybody has the right to access to enviromental information.


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SAMPLE CASES

The ship transported solid waste from Spain to Turkey

It waited a long time at the port, then it sank

Solid waste contained excessive amount of chrome VI

The Port Administration reports that there exist irrepearable damage inflicted on environment

Middle East University was assigned as expert witness

It reported in the same way

The captain was accused of failing to take necessary measures not to pollute environment

The ship owner, freighter, captain were brought before the court on charge of unintentionally polluting the environment


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Greenpeace.org

Iskenderun, Turkey — A four-year-old scandal involving the MV Ulla, a vessel carrying hazardous waste from Spain, finally came to a head on Monday outside the Turkish port of Iskenderun, where the vessel sank taking 2000 tons of hazardous waste with it.

The waste contained chromium VI - a highly toxic heavy metal - environmentally hazardous as well as dangerous for humans. The responsibility for its return lay with the Spanish government, since the ship loaded its hazardous waste in Spain. However neither the Turkish nor the Spanish authorities bothered taking any precautions to contain the environmental hazard.


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SAMPLE CASES

The barrels were found in Tuzla

It was alleged that it contains waste chemicial hazardous for environment

The Scientific and Technological Research Council of Turkey was assigned as a witness expert

It was reported that barrels contain toxic material and phenol hazardous for humans, animals and plant

The owner of the factory, its chemical engineers, and those transporting the barrels were prosecuted

A case was brought against them on charge of intentionaly polluting the environment


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THANK YOU FOR YOUR ATTENTION


environmental crimes in turkey november, 2009 republic of turkey environmental crime, vienna,...

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