TO THE …… CRIMINAL COURT
OBJECTION TO THE ARREST WARRANT
APPEALING PARTY (SUSPECT):
TURKISH REPUBLIC IDENTITY NUMBER:
ADDRESS:
DEFENSE ATTORNEY:
ADDRESS:
SUBJECT: Submission of objection to the arrest warrant.
EXPLANATIONS:
1-) Our client has been serving as the village headman of …… since …… date; an arrest warrant was issued against him on …/…/… for aiding and abetting a terrorist organization. However, this decision is contrary to Article 98 of the Criminal Procedure Code No. 5271; furthermore, it is contrary to procedure and law.
2) According to Article 98 of Law No. 5271, which states, “In the investigation phase, an arrest warrant may be issued by the magistrate judge upon the request of the public prosecutor against a suspect who does not appear upon summons or who cannot be summoned. Furthermore, an arrest warrant may also be issued by the appellate court in case of an appeal against a decision rejecting a request for arrest.” Therefore, the suspect must be summoned by the court before an arrest warrant is issued; an arrest warrant must be issued against a suspect who does not appear before the court upon summons. For these reasons, issuing an arrest warrant against our client, who has no knowledge of the crime in question, constitutes a violation of procedure and law.
LEGAL GROUNDS: Law No. 5271, Article… 94, 95, 96, 97, 98.
CONCLUSION AND REQUEST: For the reasons stated above, we respectfully request, on behalf of our client, that the arrest warrant against our client be lifted and that our client’s statement be taken by instruction at the address we have provided. …/…/…
SUSPECT’S DEFENSE ATTORNEY
Attorney