Appeal Against The Decision To Reject The Request For Retrial
TO THE PRESIDENCY OF THE 1ST HEAVY CRIMINAL COURT OF ALANYA;
DEFENDANT : TC No:
DEFENSE ATTORNEY :
DATE AND NUMBER OF DECISION :
SUBJECT : Our Objections to the Decision Rejecting Our Request for a Retrial.
OUR EXPLANATIONS
1-) My client was sentenced to … years imprisonment for the crime of … by your Court’s decision dated and numbered above, and the decision was confirmed by the … Criminal Chamber’s decision numbered …/… and …/… and became final.
2-) Our application to the European Court of Human Rights against the judgment, dated …/…/…, was concluded by the European Court of Human Rights on …/…/…, and it was determined that the criminal judgment was rendered in violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
3-) Pursuant to Article 311/f of the Criminal Procedure Code No. 5271, we submitted a petition to the Criminal Court on …/ …/ … requesting that our client be retried. The petition for retrial that we submitted to the Criminal Court on …/ …/ … was rejected on procedural grounds, on the grounds that the date of finalization of the decision issued by the European Court of Human Rights was …/ …/ … and that the one-year period required by law had passed.
4-) The date on which the decision rendered by the European Court of Human Rights became final is …/ …/ …, and this date can be easily determined from page … of the relevant decision. Due to the decision to reject our request for retrial on grounds that are unlawful and unfounded, it has become necessary to apply to your court with this petition.
EVIDENCE: ECHR decision no. …, dated …, 5271 S. K. m. 311.
CONCLUSION AND REQUEST: For the reasons explained above, we request that our appeal against the decision rejecting our request for a retrial be accepted, the grounds for retrial required by law are accepted and a retrial is conducted, the conviction is overturned and our client is acquitted, and the decision to annul the judgment is published in the Official Gazette. We respectfully request this on behalf of our client. …/…/…
Defense Counsel