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Petition for Appeal Against Interrogation and Arrest Warrant

… TO THE PEACE COURT JUDGESHIP
OF ANKARA

SUSPECT: [Name and Surname Confidential] – [Turkish National ID Number Confidential] – [Address Confidential]
DEFENSE ATTORNEY: [Lawyer's Name and Surname Confidential] – [Address Confidential]

SUBJECT: Request to submit our objection to your court's arrest warrant dated …/…/…

EXPLANATIONS:

My client was brought before your court with a request for arrest on charges of complicity in intentional homicide, as per the letter from the Public Prosecutor's Office, Investigation No. …/…. Following this, my client was arrested by your court's decision dated …/…/…. This arrest warrant is unlawful. Specifically:

  1. My client, a small business owner, had gone to the city center to buy supplies on the day of the incident. Upon his return, his daughter called him to report a family dispute, prompting him to go to the scene. Upon arrival, he attempted to intervene in a fight between his son and a neighbor, but a large group arrived, leading to a brawl. My client was unintentionally involved in this altercation and sustained injuries. My client was not a party to the incident in any way; he was merely trying to de-escalate a fight.
  2. The statements given by the suspects to the police and the court, the circumstances of the incident, and the evidence in the file clearly show that my client and the other suspects were not complicit in the crime. My client was unjustly arrested as a result of tragic events that occurred while he was trying to defend his elderly and ailing father, by a person acting under severe provocation.
  3. My client is elderly and suffers from serious health problems (diabetes, high blood pressure, and heart disease). Considering his health condition, it is clear that his detention in prison lacks legal basis and does not constitute a precautionary measure. A medical examination to be ordered by your court will also determine that his detention is unlawful, taking into account his current health status.
  4. As can be understood from the case file, the death was committed entirely in self-defense by my client's son, who was under severe provocation. Therefore, the incident cannot be classified as premeditated murder. This public prosecution initiated against my client has no legal basis.
  5. As a result of the incident, my client and his family have suffered great hardship. My client's home and workplace were burned down, and his family had to temporarily seek refuge elsewhere for their safety. My client's arrest has created great distress for both him and his family, and this situation has become unacceptable from a humanitarian perspective.
  6. My client has no prior criminal record and is completely innocent. On the day of the incident, he only went to the scene to resolve a family dispute. There is no legal basis to justify my client's arrest.

CONCLUSION AND REQUEST: Based on the reasons stated above and the investigation to be conducted ex officio by your court, I respectfully request and demand that our objection to your court's arrest warrant dated …/…/… be accepted and that my client be released. …/…/…

Suspect's Representative
[Lawyer's Name and Surname Withheld]
Signature

 

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