SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998 9 The administration shall be liable to indemnify any damage caused by its own acts and measures.” 34. The above provision is not subject to any restrictions even in a state of emergency or war. The latter requirement of the provision does not necessarily require proof of the existence of any fault on the part of the administration, whose responsibility is of an absolute, objective nature, based on a concept of collective liability and referred to as the theory of “social risk”. Thus the administration may indemnify people who have suffered damage from acts committed by unknown or terrorist authors when the State may be said to have failed in its duty to maintain public order and safety, or in its duty to safeguard individual life and property. 35. The principle of administrative liability is reflected in the additional section 1 of Law no. 2935 of 25 October 1983 on the State of Emergency, which provides: “... actions for compensation in relation to the exercise of the powers conferred by this Law are to be brought against the administration before the administrative courts.” B. Criminal responsibility 36. The Turkish Criminal Code makes it a criminal offence: – to deprive an individual unlawfully of his or her liberty (Article 179 generally, Article 181 in respect of civil servants), – to oblige an individual through force or threats to commit or not to commit an act (Article 188), – to issue threats (Article 191), – to make an unlawful search of an individual’s home (Articles 193 and 194), – to commit arson (Articles 369, 370, 371, 372), or aggravated arson if human life is endangered (Article 382), – to commit arson unintentionally by carelessness, negligence or inexperience (Article 383), or – to damage another’s property intentionally (Articles 526 et seq.). 37. For all these offences complaints may be lodged, pursuant to Articles 151 and 153 of the Code of Criminal Procedure, with the public prosecutor or the local administrative authorities. The public prosecutor and the police have a duty to investigate crimes reported to them, the former deciding whether a prosecution should be initiated, pursuant to Article 148 of the Code of Criminal Procedure. A complainant may appeal against the decision of the public prosecutor not to institute criminal proceedings.