Sample Petition For Appeal Against The Authorization Of Investigation
ANTALYA REGIONAL ADMINISTRATIVE COURT
TO BE SHIPPED
TC ……… DISTRICT GOVERNORSHIP
DECISION NO: 498.06441/…….
DECISION DATE : 04.02.2018
OBJECTOR :
OBJECTION : Center ………….. Neighborhood …. Island ….. Parcel ………. The one-storey building on the field-type immovable was built in 2017 by …………….. The claim that the one-storey building on the immovable property was built by ………… in 2017, then the immovable property was sold and ………… bought electricity and water subscription to the building built on the immovable property and applied to benefit from Zoning Peace based on these documents, therefore the Mukhtar ignored the Court Decisions, issued a fake document, and deceived the Official Institutions with the document he gave.
DATE OF NOTIFICATION :
SUBJECT OF OBJECTION : Alanya District Governorship ………… date and ………. It is Our Request for the Revocation of the Investigation Authorization Issued Pursuant to the Decision Numbered Decision.
EXPLANATIONS
I have received the decision of the Alanya District Governorate on the granting of permission to investigate dated ……… and numbered ………. on …… However, since I believe that the relevant decision is contrary to the procedure and the law, I have been obliged to make my objections within the time limit. Namely, the relevant articles of the Law No. 4483 on the Prosecution of Civil Servants and Other Public Officials have been clearly violated.
While the document in question was issued by me, the Building Registration Certificate was obtained by the persons who applied to me and the necessary applications for the subscriber were made to the relevant units of Alanya Municipality. Again, the document filled out by T-me is a lump sum document requested by Alanya Municipality. For this reason, I do not accept the crime and favorable statements attributed to me.
In the 3rd paragraph of Article 4 of the aforementioned Law, “It is obligatory that the denunciations and complaints to be made against civil servants and other public officials according to this Law are not abstract and general in nature, that the denunciations or complaints specify a person or event, that the allegations are based on serious findings and documents, and that the petition for denunciation or complaint contains the correct name, surname and signature of the petitioner and his/her work or residence address.” The provision has been established as follows. However, the document notified to me was not based on any document and the allegations remained abstract.
The relevant articles of the Law No. 4483 on the Trial of Civil Servants and Other Public Officials have been clearly violated.
First of all, according to the last paragraph of Article 6 of Law No. 4483, ‘The competent authority decides whether or not to grant an investigation permit upon this report. These decisions must be justified’
In the decision notified to me, only the abstract statements of the complainant were shown as justification. It is in violation of Article 6 / last paragraph of the Law No. 4483 to give permission for an investigation about me, without giving a justified justification, based only on the unilateral statements of the defendant, and to use expressions in a way that will cause suspicion even when explaining the reasons for granting this permission.
Article 6 of the same law reads as follows: “The person or persons assigned with the preliminary examination have all the powers of the ministry inspectors and the authority that assigned them, and may take action in accordance with the Code of Criminal Procedure in matters not provided for in this Law; they collect the necessary information and documents within their powers by taking the statement of the officer or other public official about whom the investigation is carried out, and prepare a report containing their opinions and submit the situation to the authority authorized to grant permission. If the preliminary examination is conducted by more than one person, the different opinions shall be stated separately in the report with their reasons.
Upon this report, the competent authority decides whether or not to grant an investigation permit. Justification must be given in these decisions”. When all these issues are evaluated together, the decision notified to me is contrary to the procedure and the law. Because the abstract allegations reflected in the decision were not justified with documents and the preliminary examination specified in the law was not conducted in accordance with the legislation. The inspector or officer authorized to conduct a preliminary investigation takes the statements of the person under preliminary investigation and the complainant, if any, and witness statements, and collects all kinds of evidence, information and documents related to the investigation. The authorized inspector or officer conducting the preliminary investigation shall prepare a report evaluating the opinions and evidence resulting from the preliminary investigation and submit it to the authority authorized to grant permission. My opinions were not consulted during the preliminary examination, and making a decision according to the report prepared in this case also constitutes a violation of the law.
Although I do not accept the accusation subject to the complaint, for the reasons explained above, the complainant’s allegations are abstract and general in nature, and it is against the law and the law that they should not be accepted by Alanya District Governorship. This is an unfair allegation made by the complainant in order to victimize me. For these reasons, it is not possible for me to accept the accusation.
CONCLUSION and REQUEST
For the reasons presented and explained above and for the reasons to be taken into consideration ex officio, I respectfully request that the decision of Alanya District Governorate dated 0……….. and numbered ………. decision on granting permission to investigate about me be removed on OBJECTION and that it be decided that there is no place for granting permission to investigate and that my OBJECTION be accepted.
OBJECTOR