……………………………TO THE DUTY EXECUTION JUDGE
DISCIPLINARY PENALTIES
OBJECTION: First and Last Name…………… TR ID Number………… (Currently detained in a closed prison)
DEFENDER: Attorney at Law ……………….
SUBJECT: Request for the removal/deferment/suspension of the disciplinary penalties imposed on the defendant client
STATEMENTS:
………………………………… … He was treated for a severe depressive episode with psychotic symptoms, defined as “severe depressive episode” and is clearly not criminally responsible. The diagnosis and treatment of all doctors during his treatment period confirm each other. Scientific opinions regarding the interpretation of all treatment documents and reports from both Forensic Medicine and Criminal Law perspectives also confirm our opinion. He has attempted suicide in the past and has been hospitalized and treated numerous times due to his dangerousness.
As the Court is aware, we are dealing with a patient, not a criminal. It must also be reiterated that the severity of his illness (mental and psychological disorders) poses a danger to himself and those around him. This is evident from the difficulties he has faced in adjusting to his condition during his time in prison and the disciplinary investigations he has undergone. In this context, it is unacceptable that he is expected to be involved in new incidents every day without treatment, and that he is subjected to disciplinary action for every incident in which he is involved against his will, while his treatment should continue.
Therefore, without the knowledge of his lawyers or even his family, the client, who lacked the ability to understand and comprehend the law, was continuously drafted and subjected to disciplinary measures such as a visit ban. His family became aware of this situation only after he was denied access to visits. For these reasons, and due to his illness, we object to all disciplinary measures he received during his detention, without the knowledge of his lawyers or family, and based on our belief that he was unable to adequately defend himself.
Article 3 of the Law on the Implementation of Sentences and Security Measures states, “The primary objective sought by the execution of sentencing and security measures is, first and foremost, to ensure general and specific prevention, to strengthen the factors preventing the convict from recommitting crimes, to protect society against crime, to encourage the convict’s resocialization, and to facilitate their adaptation to a productive and responsible lifestyle that respects laws, regulations, and social norms.” However, the client was virtually traumatized mentally and psychologically during his time in prison. Furthermore, his family has been punished with disciplinary penalties such as a visitation ban. According to the principle of individuality of a criminal conviction, the prisoner’s imprisonment should not have a restrictive legal effect on the fundamental rights of his family and relatives. The penalties in question restrict not only the client’s right to establish and maintain direct contact with his parents and siblings, but also his right to maintain direct contact with his parents and siblings. More clearly, the rule penalizes the client’s parents and siblings.
In addition to the above, our application to the Chief Public Prosecutor’s Office for the diagnosis and treatment of the illness of our client, who is detained at the ……………… Closed Prison, and for an assessment of its impact on criminal capacity has been accepted. An appointment has been made with the Istanbul Forensic Medicine Department for …/…/……. For these reasons, until his transfer to the hospital is ensured and in accordance with the above explanations, the following will be made:
1- The client’s disciplinary penalties should be lifted/cancelled due to the failure to inform his lawyers and family and the client’s inability to adequately defend himself.
2- Since the client cannot tolerate the disciplinary penalties pursuant to Law No. 5275, he is obligated to request that the penalty be postponed or that it be carried out at the interval determined by the physician.
EVIDENCE: ………….. Chief Public Prosecutor’s Office, 20……/………, ………. Criminal Court, 20…../……………, Hospital Reports
CONCLUSION AND REQUEST: For the reasons explained above and to be considered ex officio, we respectfully request that the disciplinary penalties imposed in violation of procedures and laws, based on the reasons presented, the penalty, and the investigation file, be lifted, or if the honorable court deems otherwise, they be postponed/cancelled. …/…/……
OBJECTION TO THE DISCIPLINARY PENALTY
Attorney
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