… ……………… THE COURT
file number :
OBJECTOR : TC No:
address :
attorney :
address :
SUBJECT : ………….. Criminal Court ……. date and …… / ……. No.“ www…….com ” the decision to block access to the website consists of the submission of our petition, which includes our request that the decision to block access to the website be removed from your appeal, provide access to the site, or simply block access to the relevant site.
OUR EXPLANATIONS
1-) Your court …./…/… date and …./…. by his numbered decision “www……….com access to the site named ” is blocked. Our client learned about this decision not from the notification sent to him, but through the media after his colleagues mentioned the relevant issue.. There are also many websites with small blog schemes connected to this site. One of them belonging to our client ……. there is a website called Blog.
There are scientific articles on the site along with useful information, and because of our client’s academic identity, people from all over Turkey contact our client through the website and can benefit from the articles and scientific opinions posted on the site.
2-) With the decision made, the victimization of the client in a material and moral sense was born. Because the users of the website cannot access your website and the academic client, which has been closed due to a crime that the client has nothing to do with.
3-) In accordance with the reference of the provisions of the Law on Intellectual and Artistic Works (FSEK) No. 5846 to the Code of Criminal Procedure No. 5271 (CMK), the Code of Criminal Procedure No. 5271 (CMK) 267 and 268. in accordance with the article, we submit our objection to the decision on behalf of our client on the grounds mentioned in the “relevant” capacity and request that the decision be abolished.
4-) In addition, the decision made in addition to this is contrary to the principle of Octoberality in crime and punishment. In accordance with this principle, the perpetrator of the crime will also have to serve the prescribed punishment. However, with this decision, the client’s website, which does not contain any of the criminal elements listed, was also blocked from access. In this case, the decision of your Court also contradicts the provisions of Article 38/1 of the Constitution; Article 20/1 of the Turkish Penal Code (TCK) No. 5237; Article 7 of the European Convention on Human Rights (ECHR).
5-) There is no rule on how long the access ban will be applied for. In this case, when a decision is made to prohibit access to a site, it will be possible to block access to this site indefinitely. Undoubtedly, such an application is also incompatible with the principle of proportionality in penalties.
6-) What needs to be done is to ensure that access to the blog page, which is only a criminal element, is blocked. Otherwise, access to Internet sites that do not carry criminal elements may also be blocked.
7-) With this decision made on the other hand, the 26th Amendment of the Constitution.article 10 of the European Convention on Human Rights (ECHR).the client’s freedom of expression, which is guaranteed by the article, has also been violated. The dissemination, publication and transmission of an idea is also considered within the scope of freedom of expression. The decision to block the access granted is contrary to the case law of the ECHR in this respect.
LEGAL REASONS : ECHR m. 7, 10 ; 2709 P. K. m. 26, 38 ; 5237 P. K. m. 20 ; 5271 Pp. K. m. 267, 268 ; 5846 Pp. K. Appendix m. October 2011. 4.
LEGAL EVIDENCE :
1-) Clippings related to various newspapers
2-) …../…/…. Court decision on blocking dated access
3-) Expert Review
CONCLUSION AND REQUEST : For the reasons stated, your court …../…. Resolution No. code of Criminal Procedure No. 5271 (CMK), article 267/1 in “relevant” appeal; and the abolition of the first decision“………..com named” internet access that is applied to the Prohibition of the removal of my site ; if removal is not possible, “the only criminal blocking access to blog” in the direction of the correction of the decision on behalf of our client, we will bilvekale supply and demand. …/…/…
eclair :
The Objector’s Deputy
Lawyer.
You can read our articles and petition examples by clicking here.