European court rules Asya-like seizure of bank unfair


Date posted: July 22, 2015

In a decision that could potentially set a precedent for similar cases in Turkey, the Strasbourg-based European Court of Human Rights (ECtHR) on Tuesday ruled that the seizure of the country’s Demirbank in 2001 was unfair.

Demirbank, Turkey’s fifth largest private bank at the time, was seized by the government during the domestic banking crisis of 2001 and turned over to the Banking Regulation and Supervision Agency (BDDK). Demirbank was among the 11 banks that went bankrupt at the time.

The BDDK sold shares of Demirbank to HSBC for $350 million in 2001. Demirbank was established in 1953, and by the time it was sold to HSBC it had about 200 branches, $3 billion in deposits and some 650,000 retail customers.

The ECtHR said it has yet to decide on compensation for Demirbank. “The Court held that, in both cases, the question of just satisfaction was not ready for decision and reserved it for examination at a later date,” Tuesday’s note on the ECtHR website said.

Observers say Tuesday’s decision will set a precedent for any similar cases heard by the ECtHR in the future. Earlier this year, the BDDK handed over control of the country’s largest Islamic lender Bank Asya to the state-run Savings Deposit Insurance Fund (TMSF), in what most consider a politically motivated move.

Experts earlier argued Turkey may be forced to pay sizeable compensation for the Bank Asya intervention in the future if an international court such as the ECtHR reverses the decision. Bank Asya has not yet appealed the seizure with the ECtHR.

Two shareholders in Demirbank had separately appealed the BDDK decision with the ECtHR, demanding that its operating rights be returned. Back in 2006, Demirbank shareholder businesswoman Sema Cıngıllıoğlu appealed with the ECtHR. Another shareholder, German citizen Michael Reisner also went to the ECtHR in 2009 after he failed to receive a favorable result in his court cases inside Turkey.

The court has been hearing the two appeals and said on Tuesday it found the confiscation unfair. The court ruled that the bank owners had been unlawfully expropriated of their property.

Following the domestic banking crisis of 2001, Turkish lender Kentbank was also seized by the government and handed over to the BDDK. The owner of the bank had appealed the decision with the ECtHR, demanding that its operating rights be returned and that $4.13 billion be paid in compensation. The court found the confiscation unfair.

Last year, the ECtHR awarded shareholders in Russian bank Yukos 1.9 billion euros ($2.6 billion) in damages. Yukos, once worth $40 billion, was broken up and nationalized a decade ago, with most of its assets handed to Rosneft, an energy giant run by an ally of President Vladimir Putin.

Source: Today's Zaman , July 21, 2015


Related News

91-year-old philanthropist targeted in witch-hunt operation in Erzurum passes away

A 91-year-old man, Alaattin Öksüz, who came to public attention in February when police officers attempted to detain him as part of an operation targeting the faith-based Gülen movement, has died.

Reflections from the US

In the past three weeks, the AK Party has proposed new laws to increase government controls over judges and prosecutors, and many investigations have slowed down, raising suspicions that the government might be trying to hide something.

Turkey calls on parents to report Erdogan critics at German schools

Turkish consulates in Germany have been organizing events for Turkish parents and asking them to spy on critics of the President Recep Tayyip Erdoğan and Turkey at German schools, according to an education trade union, GEW (Gewerkschaft Erziehung und Wissenschaft).

Amnesty: 500,000 Kurds displaced in Turkey’s Southeast due to curfews, crackdown

Tens of thousands of residents of the UNESCO World Heritage Site of Sur are among an estimated half million people forced from their homes as a result of a brutal crackdown by Turkish authorities over the past year which may amount to collective punishment, said Amnesty International in a new report.

Witch hunt and AKP’s legacy from Feb. 28

The witch hunt that has been affecting virtually all state institutions as well as private sector companies in recent months has a specific target: a social group, namely the Hizmet movement. Thousands of innocent people are being victimized solely because of their affiliation with or sympathy toward a social group, and no one can raise an objection to this profound injustice.

Unaffected by tension, TUSKON promotes Turkish economy

The Turkish Confederation of Businessmen and Industrialists (TUSKON) has had its share of these provocative media reports. Regarding the recent media reports criticizing TUSKON’s lobbying efforts for Turkish firms abroad, TUSKON President Rıza Nur Meral told Sunday’s Zaman that allegations against TUSKON “do not make sense” and that the confederation has always supported Turkish businessmen who want to branch out into global markets. “We will continue our support [for Turkish entrepreneurs],” Meral added.

Latest News

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

Fethullah Gülen’s Vision and the Purpose of Hizmet

In Case You Missed It

While Erdogan Demonizes a Peaceful Movement, International Community Applauds Them.

‘Let my husband go to another country, just not Turkey’

An opposition out of Gulen Community?

Hong Kong Anatolia Cultural & Dialogue Centre, Photography Competition 2015

Buhari’s wife hails culture

Turkish officials cancel green passport of Islamic scholar Gülen

Executives of TUSKON call on Ghana GCCI

Copyright 2026 Hizmet News