SAMPLE PETITION-
ANKARA ( ) MAGISTRATE’S OFFICE
(About to Be Sent)
ANKARA ( ) MAGISTRATE’S OFFICE
QUERY NO :
FILE INFORMATION :
According to the Judicial Control Decision
The Objecting Suspect :
ADDRES :………
The Defender :
ADDRESS :
PHONE :
The Alleged Crime : According to Article … of the TCK
Judicial Control of the Decision
Date of Issue :../../2021
SUBJECT OF REQUEST: Your Honor ../../2021 Date, 2021/……. It is about our objections to the decision “to PLACE the suspect under JUDICIAL CONTROL within the scope of the measure in proportion to the crime attributed” made in the inquiry numbered decision and our request to completely abolish the decision to be placed under judicial control.
OUR EXPLANATIONS: Ankara ( ) Magistrate’s Office Dated 16/08/2021, 2021/……. The Query (Ankara CBS …………… The Prosecutor’s Office ../../Date 2021 and 2021/….. By the decision of the Investigation article No. 1), it was decided to place the suspect client under Judicial Control.
However, since the necessary conditions for deciding to place the client under Judicial Control did not find subsidies, it was up to us to appeal this decision. That is to say;
CMK 109. In view of the Judicial Control Measure and the reasons listed in the article and its continuation, the necessary conditions for making a Judicial Control Decision about the client have not been created. For this reason, the Judicial Control Decision issued by your court about the client and the decision to remove all the sanctions contained in it should be decided.
1.In order to make a judicial control decision in accordance with our law, first of all, CMK 100. The conditions of detention specified in the article must be fulfilled. However, as can be seen from the examination of the file, the conditions in CMK 100 have not occurred. CMK m.according to 100 conditions that can be considered as a reason for arrest “The presence of concrete facts that arouse suspicion that the suspect or accused is going to escape, hide or run away; the behavior of a suspect or accused is an attempt to destroy, hide or change evidence, put pressure on a witness, victim or others, and create strong doubts about their point of view.” As a matter of fact, these conditions that have been considered have not occurred. The suspect has no suspicion of escape; he is a resident of fixed residence. The suspect cannot obscure the evidence; the evidence has been transferred to the judicial authorities.
2.The judicial control decision is issued as a precautionary measure. ECHR 5. Article 19 of our Constitution. The right to liberty and security of the person in accordance secured in consideration of the question whether the decision of conditions, from being no longer a measure, the suspect should be treated as a penalty. This situation is contrary to procedure, law and even fairness.
3.There are no facts that indicate the existence of a strong suspicion of a crime against a suspected client. The Judicial Control Decision made is unfair and very heavy; it puts the client under heavy obligations and damages the client’s reputation. This situation puts his client and even his family in situations that will be difficult to compensate in the future.
4.The obligations imposed by the judicial control decision make the client’s daily life and work life quite difficult. Even from this point of view, the judicial control decision ceases to be a measure for both the client and his family, with whom he earns a living, and becomes a punishment; it is contrary to the procedure and the law.
In accordance with all these statements, it is an extreme measure for the suspect client to remain under judicial control. As we requested at the hearing, it is necessary to decide on the removal of all the obligations imposed by the judicial control decision issued on the suspect client.
CONCLUSION AND PROMPT : For all the reasons described above, which will be considered if you re,
1.2021/…….. of the Ankara ( ) Magistrates’ Court. COMPLETE REMOVAL of the JUDICIAL CONTROL DECISION made within the scope of the Query Numbered File,
2.In case of Refusal of our Request, we request by proxy that our FILE be SENT TO the COMPETENT AUTHORITY in Order to be Decided in Accordance with Our Request. 19.08.2021
Requesting the Abolition of the Judicial Control Decision
The Defender