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Dünya Sağlık Örgütü tarafından küresel salgın olarak ilan edilen yeni tip corona virüsü, ülkemizi de etkisi altına almış, bu durum karşısında İçişleri Bakanlığı tarafından öncelikle 15.03.2020 tarihinde, takiben 16.03.2020 tarihinde bir dizi tedbir alınmıştır. Böylece İçişleri Bakanlığı’nın “Coronavirüs Tedbirleri” konulu genelgeleri ile mahiyeti itibariyle insanların biraraya gelmelerini gerektiren pek çok faaliyet durdurulmuştur.
Yine bu kapsamda Adalet Bakanlığı’nın 16.03.2020 tarihli açıklamasında, adliyelerdeki sirkülasyonun azaltılması gerektiği, bu nedenle mahkemelerin dosyalarda erteleme kararı verebilecekleri belirtilmiştir. Ancak Adalet Bakanlığı tarafından bu tedbirler açıklanana değin bir kısım mahkemeler, HSK Genel Sekreterliği’nin konuya ilişkin yazısını da göz ardı ederek, duruşma yapmaya devam etmiştir.
Her fırsatta tüm kamu otoriteleri tarafından dile getirildiği üzere, virüsün yayılmasına uygun ortamı insanların teması hazırlamaktadır. Bu nedenle, insanların bu süreçte biraraya gelmesi kamu sağlığını tehdit etmeye devam etmektedir.
Adliyeler ve büroları avukatların mesleklerini icra ettikleri işyerleridir. Salgın hastalık sürecinde adliyelere gitmesi uygun görülmeyen avukatlar, çoğu zaman bürolarına da gidememekte, tavsiyelere uygun olarak evde kalmaya özen göstermektedirler. Avukatın mesleki faaliyeti, müvekkilleri ile daima iletişim halinde olmayı gerektirmektedir. Ancak yine bu süreçte pek tabii olarak avukatların müvekkilleri ile görüşmesi kamu sağlığı bakımından tehlike arz edecektir. Dolayısıyla avukatlar bu şartlar altında mesleklerini tam ve gereği gibi ifa edememektedir. Hal böyle iken, hukukumuzda usul kanunlarında belirlenmiş kesin sürelerin işlemeye devam etmesinin büyük hak kayıplarına yol açması kaçınılmazdır. Avukatın adliyelerde dosya inceleyemediği, bürosuna giderek müvekkili ile görüşemediği, dosyaya sunulması gereken bilgi ve belgeleri ilgili yerlerden toplayamadığı bir ortamda kesin sürelerin işlemeye devam etmesi, alınan tedbirlerle bir tezat oluşturmaktadır. Yaşanabilecek hak kayıplarına dair risk, vatandaşların vekil ile temsil edilmediği dosyaları bakımından ise daha büyüktür.
Bu nedenlerle, hukukumuzdaki kesin sürelerle ilgili bir düzenleme yoluna gidilerek salgın hastalığın seyrine göre ek süreler tanınması yahut ertelemeler getirilmesi gibi çözümler üzerinde durulması icap etmektedir. Adalet mekanizmasının, bu mekanizmanın tarafları lehine sonuç doğuracak ve mağduriyet yaratmayacak şekilde işletilmesi gerekmektedir.
Cumhurbaşkanlığı’nı, Adalet Bakanlığı’nı, TBMM’yi ve ilgili kamu kurumlarını bu konuda düzenleme yapmak üzere göreve çağırıyoruz!
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