Appeal Against Detention Period
Since the decisions of the public prosecutor’s office to detain or extend the period of detention are measures that interfere with personal liberty, the suspect or some of his/her relatives who are subjected to these measures have the right to appeal.
The following persons may appeal against the written order of the public prosecutor regarding the detention and extension of the detention period:
Arrested person of interest,
Defense counsel (lawyer) of the suspect,
The suspect’s legal representative (e.g. mother/father or guardian in case of guardianship due to minority).
Spouse of the suspect,
First or second degree blood relatives of the suspect (mother, father, sibling, grandmother, grandfather, grandchild) may appeal to the criminal judge of peace to ensure immediate release (Article 91/5 of the Criminal Procedure Code).
The criminal judge of peace examines the detention objection on the documents and concludes the application immediately and finally before the expiration of 24 hours. If it is considered that the arrest or detention or extension of the detention period is justified, the application shall be rejected or the detainee shall be immediately ordered to be present at the Public Prosecutor’s Office with the investigation documents (Article 91/5 of the Criminal Procedure Code)
Sample Petition to Object to Detention Period
…….. TO THE CRIMINAL COURT
PROSECUTOR INVESTIGATION NO : ……/……
OBJECTING TO THE DURATION OF DETENTION :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : It consists of the detention of our client on …../……/……. regarding the offense attributed to our client and the presentation of our justifications that the detention is unlawful, especially in terms of duration.
EXPLANATIONS:
1-) Our client is ………. ……..; ……/……/……/…… was born on …….. and is a resident at ………………………………………
2-) Law enforcement officers conducted simultaneous raids on ……./……/…… in …………’s ………. ………..kg of drugs and stimulants were found in the vehicle in which the suspects were in the simultaneous raids carried out by the law enforcement officers on ………../………../……….. and the said drugs and stimulants were seized. However, since our client was the owner of the vehicle used by the suspects in the proceedings initiated by the Chief Public Prosecutor’s Office; our client was detained together with the suspects.
As our client stated in his statement given at the prosecutor’s office; the vehicle belonging to our client was left at the repair shop of the suspects because the engine of the vehicle boiled water. In other words, our client has no connection to the action allegedly committed by the suspects.
However, after the raid by law enforcement officers, the police officers who came to our client’s house without a search warrant arrested our client and took him away without informing him. Our client, who was taken to the custody after this arrest incident, unaware of everything, has been in custody for 3 days since …../…../…….
3-) As it is known; it is clearly stated in the article of law that the charged crime can only be proved with evidence obtained in accordance with the law and that this evidence obtained illegally should be rejected.
On the other hand, the detention period of our client has been extended in violation of the law. Article 91 of the Law No. 5271 stipulates that “The detention period cannot exceed twenty-four hours from the moment of arrest, except for the mandatory period for sending him to the nearest judge or court”; and the extension of the detention period and every hour that passes against our client puts our client, who is married and has children, in a difficult situation against his family. On the other hand, this issue ……. On the other hand, this issue causes irreparable damages to our client, who is a well-known tradesman in the district and owns a considerable commercial enterprise, in terms of commercial gain.
In addition, the reasons for arrest are clearly stated in Article 100 of the Law No. 5271.
According to this article;
“A reason for arrest may be deemed to exist in the following cases:
a) If there are concrete facts that raise the suspicion that the suspect or defendant is fleeing, hiding or will flee.
b) The behavior of the suspect or accused;
Destroying, concealing or altering evidence,
Attempting to put pressure on witnesses, victims or others,
If it creates strong suspicion in their matters.”
4-) As a result of this regulation in the article of the law; our client, who left his vehicle at the suspect’s garage only for maintenance, was not even aware of the action allegedly committed by the suspects; our client learned about this action, which he was involved in through his vehicle, at the police station.
5-) Again, the conditions for arrest under Article 100 and Article 101 of the Code of Criminal Procedure No. 5271 have not been met. There is no evidence as to why judicial control would be inadequate, nor is it possible to speak of a strong suspicion that would lead to the arrest of our client.
LEGAL GROUNDS : Art. 91, 92, 95, 100, 101, 102, 118.
CONCLUSION AND REQUEST
For the reasons we have explained above; …./…../…../….. with the hope that the opinion of the Honorable Court that the detention carried out on …./…../….. is not in accordance with the law; we request and demand by proxy on behalf of our client that the detention decision of the prosecutor’s office be lifted immediately based on the reasons we have explained to the Honorable Court above and that our client be released. …/…../…..
ATTORNEY