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07Jul01 - TKM
Law on the use and protection of the Red Crescent and Red Cross symbols
- Turkmenistan -
The present law in accordance with the Constitution of Turkmenistan, its neutral status and international engagements of Turkmenistan defines the procedure and rules of use, as well as legal protection of the red crescent and red cross symbols.
Chapter 1. General provisions
Article 1. Field of application of the present Law
In accordance with the Geneva Conventions of 12 August 1949, their Additional Protocols of 8 June 1977 the present Law shall be applied to:
- the emblems of the red crescent and red cross;
- the designations «Red Crescent» and «Red Cross»;
- the distinctive signals for identifying medical units and transports.
Article 2. The emblems of the red crescent and red cross
The emblem of the red crescent is a red crescent on a white ground of arbitrary configuration and direction that does not reach the edges of the ground.
The emblem of the red cross is a red cross on a white ground, formed by two equal rectangles crossing in the middle at the right angle and not reaching the edges of the ground.
Article 3. The designations «Red Crescent» and «Red Cross»
The designations «Red Crescent» and «Red Cross» shall be used exclusively in the names of the components of the International Movement of the Red Cross and Red Crescent when carrying out their activities in accordance with the principles of the Movement.
Article 4. Distinctive signals
Distinctive signals include light signals, radio signals and signals of electronic identification used to identify medical units and transports. The procedure and rules of use of the distinctive signals shall be defined by the legislation of Turkmenistan, international acts.
Article 5. National Red Crescent Society of Turkmenistan
The National Red Crescent Society of Turkmenistan is an independent public association that carries out its activities in accordance with the legislation of Turkmenistan on the basis of the principles of the International Movement of the Red Cross and Red Crescent.
Chapter 2. Procedure and rules of the use of the red crescent and red cross emblems
Article 6. The use of the red crescent and red cross emblems
In accordance with the present Law and international acts the emblems of the red crescent and the red cross can be used as a protective and (or) an indicative sign.
Article 7. Requirements concerning the use of the red crescent and red cross emblems as a protective or an indicative sign
The red crescent and red cross emblems as a protective sign are used to indicate, in time of an armed conflict, medical personnel, medical units and transports that are protected by the Geneva Conventions of 12 August 1949 and their Additional Protocols.
The dimensions of the red crescent and red cross emblems used as a protective sign must be as large as possible in order to be visually identifiable from as far away as possible.
The red crescent and red cross emblems are used as an indicative sign to show that persons, transports, equipment, installations and other objects are linked to the International Red Cross and Red Crescent Movement.
The red crescent and red cross emblems used as a indicative sign must be of a smaller size compared to that used as a protective sign.
Article 8. Use of the red cross red and crescent emblems by the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies
The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies shall use the red cross and red crescent emblems on the territory of Turkmenistan as a protective and (or) an indicative sign according to universally recognized international norms.
Article 9. Use of the red crescent emblem by the National Red Crescent Society of Turkmenistan
The National Red Crescent Society of Turkmenistan shall use the red crescent emblem as a protective or an indicative sign.
The National Red Crescent Society of Turkmenistan in cases provided for by the legislation of Turkmenistan shall place its medical personnel, as well as its medical units and transports at the disposal of the Armed Forces of Turkmenistan. The medical personnel, medical units and transports of the National Red Crescent Society of Turkmenistan placed at the disposal of the Armed Forces of Turkmenistan shall be entitled to use the red crescent emblem as a protective sign in accordance with article 10 of the present Law.
The National Red crescent Society of Turkmenistan shall be entitled to use the red crescent emblem as an indicative sign when performing all kinds of its activities in accordance with the legislation of Turkmenistan, international treaties of Turkmenistan and principles of the International Movement of the Red Cross and Red Crescent.
With the authorization of the National Red Crescent Society of Turkmenistan, National Red Cross and Red Crescent Societies of foreign states may use the indicative emblem of the red cross or red crescent when performing their humanitarian activities on the territory of Turkmenistan.
Article 10. Use of the red crescent emblem by medical units of the Armed Forces of Turkmenistan
Medical units of the Armed Forces of Turkmenistan shall use the red crescent emblem as a protective sign to identify their medical personnel, medical transports, medical equipment, buildings, installations and other objects used for medical purposes.
The Ministry of Defense of Turkmenistan shall provide the personnel of the medical units of the Armed Forces of Turkmenistan with the armlets and identity cards of the established form bearing the red crescent emblem.
Article 11. The use of the red crescent emblem by the medical establishments of Turkmenistan
Civil medical personnel, medical establishments, medical transports and medical equipment in time of an armed conflict shall use the red crescent emblem as a protective sign, with the authorization and under the control of the Ministry of Health and Medical Industry of Turkmenistan.
The Ministry of Health and Medical Industry of Turkmenistan shall provide civil medical personnel with armlets and identity cards of the established form bearing the red crescent emblem.
Chapter 3. Control over the respect of procedure and rules concerning the use of red crescent and red cross symbols and responsibility for violations of the present law
Article 12. Bodies exercising control over the use of red crescent and red cross symbols
Authorized state bodies shall, in accordance with the legislation of Turkmenistan, exercise, control over the respect of the provisions of the present Law governing the procedure and rules of the use of red crescent and red cross symbols.
State bodies shall take necessary measures directed at prevention of illegal use of red crescent and red cross symbols.
National Society of the Red Crescent of Turkmenistan shall cooperate with the authorities in matters of prevention and repression of illegal use of red crescent and red cross symbols. It shall be entitled to inform the competent state body of such illegal use.
Article 13. Registration of legal entities, trade names and trademarks
The registration of legal entities, trade names and trademarks, commercial marks and industrial models and designs making use of the emblem of the red crescent or red cross or the designation «Red Crescent» or «Red Cross» in violation of the present Law shall be prohibited.
Article 14. Responsibility for illegal use of red crescent or red cross symbols
Anyone who, willfully and without entitlement, has used the red crescent or red cross emblem, the designation «Red Crescent» or «Red Cross», a distinctive signal or any other sign, designation or signal which constitutes an imitation thereof or which might lead to confusion, shall be held responsible in accordance with the legislation of Turkmenistan.
Article 15. International treaties
If the international treaties of Turkmenistan establish norms other than those provided for in the present Law, the norms of the international treaties shall apply.
President of Turkmenistan
Saparmurat
TURKMENBASHI.City of Ashgabat
7 July 2001
[Source: Official Gazette, 27 July 2001. By way of: International Committee of the Red Cross.]
International Criminal Law:
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This document has been published on 11Dec17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
