Complaint Petition Against the Prosecutor

TO THE HEAD OF THE INSPECTION BOARD OF THE MINISTRY OF JUSTICE , ANKARA

COMPLAINANT: Name Surname – (Turkish Republic Identity Number: …) – Address
RESPONDENT: Name Surname – Address
(… Public Prosecutor)

CRIME: Negligence of Duty
DATE OF CRIME: …/…/…

EVENTS PRIOR TO THE INCIDENT THAT IS THE SUBJECT OF THE COMPLAINT:

1. On …/…/… at approximately … o'clock, while I was at home, the doorbell rang. When I looked out the window, I saw two people getting out of a car with license plate number … and pressing the doorbell. When I asked them, "Who are you looking for?" , they said in a harsh tone , "Open the door quickly!" I then asked who they were, but they became increasingly angry and began threatening me, saying , "Open the door, or we'll break it down and come in!"
2. I told them I wouldn't open the door because I didn't know them. They then aggressively tried to pressure me, saying , "We are police, we have authority!" and pulled out a black wallet containing a yellow object that resembled a police badge . Their behavior became threatening, and assuming an emergency was occurring, I opened the apartment building door. Afterward, I was forced to open my apartment door to these individuals who claimed to be police officers.
3. The individuals who came to my apartment door asked why I didn't open it immediately. I told them I wasn't obligated to open the door and that no one had the right to disturb me . Then they said they wanted to see my ID. After I gave them my ID, they started asking me questions like , "How many years have you lived here?"
4. Meanwhile, the voices in the apartment hallway gradually rose, and the individuals began to loudly berate me. When I warned them to be quiet, they forcefully hit my hand, demanding that I be silent and only answer questions. During this time, they accused me a "police enemy" and of "not liking the police . they had no right to insult me , the individuals continued in the same manner.
5. All these events took place in front of my family members. Afterwards, the individuals they were looking for someone who had previously lived in the apartment , but they did not present any official document or order to support this claim. The manner in which this happened and the individuals' behavior have completely undermined my trust in them.

EVENTS SUBJECT TO COMPLAINT:

1. Following these events, I filed a complaint with the Public Prosecutor's Office against the police officers for their unlawful conduct . I requested that the necessary actions be taken against these individuals who damaged my honor and reputation in front of my family and victimized me with their unlawful behavior.
2. However, the Public Prosecutor conducting the investigation , despite witness statements and eyewitness accounts, issued a "Decision of No Grounds for Prosecution" with insufficient justification . The clear and unambiguous statements of my family members who witnessed the incident were also ignored.
3. As a result of my appeal against this decision, the ... Magistrates' Court overturned the decision of non-prosecution and a case was opened against the police officer in the ... Criminal Court of First Instance (Case No: ...). Thus, the erroneous decision of the prosecutor I complained about has been determined to be unlawful.
4. Of course, a prosecutor can issue a decision of non-prosecution based on their legal conviction and discretion . However, issuing a quick non-prosecution decision in a situation where concrete evidence and eyewitness testimonies exist indicates that the prosecutor neglected their duty and obstructed the right to a fair trial. If I hadn't appealed this decision, the unlawful actions of the police officers would have gone unpunished.
5. Given that individuals in society do not always exercise their right to appeal against decisions of non-prosecution, it is clear that such negligent decisions by the prosecutor harm the sense of justice . Therefore, initiating the necessary investigation against the prosecutor in question is of great importance in ensuring the obligation to conduct a fair trial in accordance with the law

CONCLUSION AND REQUEST:

For the reasons explained above, I respectfully request and demand that an investigation be initiated and the Public Prosecutor, who issued a decision of non-prosecution despite sufficient evidence to initiate legal proceedings, be punished for neglecting his duty.

…/…/…
Complainant's
Name and
Surname Signature