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Petition for Compensation Due to Wrongful Arrest

TO THE DUTY HIGH CRIMINAL COURT
OF ANKARA

PLAINTIFF: [Name and Surname] – (Turkish Republic Identity Number: …) – Address

ATTORNEY: Lawyer [Name and Surname] – Address

DEFENDANT: State Treasury

SUBJECT OF THE LAWSUIT: Claim for compensation due to wrongful arrest.

EXPLANATIONS:

  1. My client, the plaintiff, was arrested by the [Court Name] Criminal Court of Peace on [Date] with decision number [Decision No.] and [Date] of the [Court Name] High Criminal Court on charges of "attempted intentional homicide, simple assault, and carrying rifled and smoothbore weapons, knives and other tools solely for the purpose of using them in an attack." He remained in prison for [Number of Days] until the decision of the [Court Name] High Criminal Court on [Date]. As a result of the trial, my client was found innocent and acquitted by the [Court Name] High Criminal Court with decision number [Case No.] and [Decision No.] dated [Date]. This decision has become final.
  2. My client was working in [Field of Work] at the time of his arrest, with an average monthly income of [Amount] TL. Having no prior criminal record, my client experienced significant financial and emotional hardship both in prison and afterwards. Being young, my client lost his social standing, his job, faced judgmental stares, and suffered a profound emotional breakdown. During his imprisonment, he was separated from his social circle and family, deprived of his freedom, and experienced great sadness and trauma. For these reasons, my client has fallen into deep psychological distress, suffered a loss of reputation, and continues to feel the effects of these traumas for the rest of his life.
  3. My client was unable to work and suffered significant financial loss due to being detained in prison for [Number of Days]. Furthermore, during this period, my client was represented by counsel due to the ongoing legal proceedings in a serious case of wrongful detention, and had to pay [Amount] TL in legal fees to their counsel. These expenses are also covered by the claim for compensation. Consequently, my client felt compelled to file this lawsuit to seek compensation for the material and moral damages suffered.

EVIDENCE:

  1. Decision and arrest warrant of [Court Name] Magistrates' Court dated [Date],
  2. The release order dated [Date] issued by the [Court Name] High Criminal Court,
  3. [Court Name] High Criminal Court's acquittal decision dated [Case No.], [Decision No.] and [Date],
  4. All kinds of legal evidence.

LEGAL GROUNDS: Articles 141, 141/a, 144 of the Code of Criminal Procedure, the Turkish Penal Code, and relevant legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above, I respectfully request and demand that the defendant be ordered to pay the plaintiff [Amount] TL in material damages, including prison expenses, loss of work/inability to work, and attorney's fees, and [Amount] TL in moral damages, along with legal interest accruing from the date of arrest, due to the public outrage caused by the arrest of a person of this age; and that the court costs and attorney's fees also be borne by the defendant.

…/…/…
Plaintiff's
Attorney [Name and Surname]
Signature

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