…… CRIMINAL COURT
PROSECUTOR’S OFFICE INVESTIGATION NO: ……/……
OBJECTION TO THE DURATION OF DETENTION:
TURKISH IDENTIFICATION NUMBER:
Address:
DEFENSE COUNSEL:
Address:
SUBJECT: To present the grounds for the detention of the children and, in particular, the unlawfulness of the detention in terms of duration, in relation to the crime attributed to our client on …../……/……
INSTRUCTIONS:
1-) Our client ………. …….. ; ..…./……/…… past and …….. born; resides at …………………………………….. address.
2-) On ……./……/……, law enforcement conducted simultaneous raids in the area where the suspects’ vehicle was located and seized ……….. kg of narcotics and stimulants. However, in the investigation initiated by the Chief Public Prosecutor’s Office, our client was taken into custody along with the suspects because he was the owner of the vehicle used by the suspects.
As stated in our client’s statement to the prosecutor’s office, our client’s vehicle engine was left at the suspects’ repair shop due to boiling water. In other words, our client has no connection whatsoever with the alleged actions committed by the suspects.
However, following a raid organized by law enforcement, police officers came to our client’s home without a search warrant, arrested our client, cut his head, and took him away without providing any information. Our client is unaware of any of the others who were detained after this arrest… meaning he has been in custody for 3 days since that date.
3-)
As is well known, the law clearly states that the alleged crime can only be proven with evidence obtained in accordance with the law and that evidence obtained through unlawful means must be rejected.
On the other hand, our client’s detention period has been extended in violation of the provision in Article 91 of Law No. 5271, which states, “The detention period shall not exceed twenty-four hours from the moment of arrest; however, this excludes the time required to transfer the person to the nearest judge or court at the place of arrest.” The extension of the detention period and every hour that passes against our client creates difficulties for his family, as he is married and has children. On the other hand, this situation… causes irreparable losses in terms of commercial income to our client, who is a well-known tradesman in the region and owns an important trading house.
However, the grounds for arrest are clearly stated in Article 100 of Law No. 5271.
Accordingly;
“There are grounds for arrest in the following cases:
If there is concrete evidence suggesting that the suspect or defendant will flee, hide, or escape.
b) The suspect’s or defendant’s behavior;
Attempting to destroy, conceal, or alter evidence,
attempting to exert pressure on a witness, victim, or others,
if this situation raises serious doubts about the accuracy of the evidence.
4-) As a result of this provision in the law; our client, who left his vehicle at the suspects’ repair shop only for maintenance, was not even aware of the alleged actions committed by the suspects; our client only learned that he was involved in this incident at the police station with his own vehicle.
5-) To reiterate, the conditions for arrest stipulated in Articles 100 and 101 of the Criminal Procedure Code No. 5271 have not been met. It is not possible to present any evidence that judicial review would be inadequate or to indicate strong suspicion that would lead to our client’s arrest.
LEGAL GROUNDS: 5271 PK m. 91, 92, 95, 100, 101, 102, 118.
CONCLUSION AND EXPLANATION: For the reasons explained above; it is stated that the action taken during the detention on …./…../….. is not a legal action that could occur on the court date; that the decision submitted by the prosecutor’s office to the court is based on the grounds for detention, that the above number will be immediately removed, and that the necessary procedures will be taken for the release of our client on bail, and that the request and the request will be communicated. …/…../…..
DEFENSE COUNSEL