TO THE HONORABLE (…) CRIMINAL COURT OF FIRST INSTANCE
PETITIONER FOR THE RESTORATION OF RIGHTS: [Name-Surname] T.R. ID NUMBER: [Identification Number] SUBJECT: Request for the removal of the prohibition from public rights.
D E S C R I P T I O N S
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The sentence imposed upon me, as evidenced in the attached Criminal Record and Archive Record (Adli Sicil Arşiv Kaydı), has become final and binding (kesinleşmiş). The execution of my sentence has been completed.
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I have served my sentences within the framework of the law.
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Since the other conditions required by law have been met, I request that the Honorable Court decide upon the removal of the previously imposed prohibition from public rights and the restoration of my prohibited rights (memnu hakların iadesi).
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For my criminal archive record to be expunged, it is necessary to obtain a decision for the “restoration of prohibited rights.” According to the law, the sentence in my archive record can be expunged in 15 years provided that a decision for the restoration of rights is obtained; otherwise, it is expunged in 30 years.
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All conditions required by the Law for the restoration of my prohibited rights are present. Even if there is no specific prohibited right mentioned in the court judgment, the mere presence of these sentences in the criminal archive records constitutes a deprivation of rights in itself. According to both doctrine and the precedents of the Court of Cassation, a decision for the “Restoration of Prohibited Rights” must be rendered.
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According to the decision of the 13th Penal Chamber of the Court of Cassation dated 08/06/2017 (Basis: 2017/2944, Decision: 2017/6886): “…even if no specific deprivation of rights is included in the conviction decision, the existence of a criminal archive record is included in the concept of prohibited rights. It is understood that the 3-year period stipulated in Article 13/A of the Criminal Record Law No. 5352 has elapsed since the completion of the sentence execution… if the court reaches a conviction that the defendant has maintained a life of good conduct, the restoration of prohibited rights must be pursued.” (Annex-3 Precedent Decision)
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Furthermore, according to the 2nd Penal Chamber of the Court of Cassation dated 08/09/2014 (Basis: 2014/24589, Decision: 2014/19989): “…it is necessary to render a decision on whether all types of disqualifications, whether arising from the Turkish Penal Code or a special law, should be eliminated through the ‘restoration of prohibited rights’ as a result of a conviction or a penalty. Deciding that ‘there is no need for a decision’ on the grounds that the defendant has no restricted rights constitutes a ground for reversal.” (Annex-4 Precedent Decision)
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In practice, it is observed that some courts decide “there is no need for a decision as the convict has no prohibited rights.” As seen above, it is not mandatory for a specific right to be prohibited in the conviction judgment for the restoration of prohibited rights to be granted; restoration is requested because certain deprivations of rights arise from special laws as a consequence of the conviction. (Judge Süleyman TÜRKARSLAN, Legal Characteristic of Criminal Record and its Expunging Conditions, Journal of the Court of Jurisdictional Disputes, p. 44).
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For these reasons, even if there is no specific prohibited right in the court judgment, a decision for the Restoration of Prohibited Rights must be rendered for the purpose of expunging the Criminal Archive Record in accordance with the relevant Court of Cassation precedents.
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I submit and request a decision for the restoration of my prohibited rights in order to exercise my legal rights under Article 13/A of the Criminal Record Law No. 5352, as the necessary conditions sought by the Law have been fulfilled.
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Since the sentence imposed by your Court has been served and I have not committed any crime since then, I meet the legal requirements for the restoration of my rights. Considering the date and nature of the crime, the amount of the sentence, the fact that it has been executed, and the negative impact of these records on my life and the life of my family, it has become mandatory to apply for this request.
LEGAL GROUNDS: Turkish Penal Code (TPC), Criminal Procedure Code (CPC), Article 13/A of the Criminal Record Law, Court of Cassation precedents, and all other legal evidence.
CONCLUSION AND REQUEST: For the reasons presented and explained above, since the conditions for the restoration of prohibited rights have been met, I respectfully request that the Honorable Court conduct the necessary examination and decide on the RESTORATION OF MY PROHIBITED RIGHTS. 31/05/2018
Petitioner for the Restoration of Rights [Name-Surname] [Signature]
ANNEXES:
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Criminal Record.
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Finalized Court Judgment of the (…) Criminal Court of First Instance.
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Court of Cassation Precedent (Annex 3).
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Court of Cassation Precedent (Annex 4).