“The police took away the mobile phones of the arrested and detained during the police action against protesters since May 5. They were just told that those numbers will go for analysis. Even after 22 days, there is no explanation for this police procedure”, reacted “Civil “.
“Such behavior is contrary to the Law on Criminal Procedure. The illegal behavior of the authorities can be seen in the provision of expert determination of the CCP. In paragraph 1 of this provision of the CCP, it is stated that expertise are determined for establishing or assessing some important fact, and should provide a finding and opinion of a person who possesses the necessary expert knowledge and that the expertise normally is performed by experts enrolled in the register of expert witnesses. Furthermore, paragraph 2 of the same provision, clearly states that the expertise is determined by a written order. None of the detainees had not received a written order for the seizure of cellphones. Paragraph 3 of the legal requirement for expertise is particularly important and it stipulates that in the previous proceedings the ordinance is adopted by the public prosecutor, and on the main hearing, the court in accordance with Article 394 paragraph (2) of this Act. Paragraph 4 stipulates the obligation that in the order it will be given in respect of which evidence the expertise is performed and to whom it is entrusted,” it is stated in the statement.
“Civil” protests against the arbitrariness and illegal actions of the police and requested that the public prosecution states whether a prosecutor ordered the expertise.
“If there is such an order, we ask the authorities to declare under what circumstances such an order was brought, which is a legal obligation,” concludes “Civil”.