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

Misreading Turkey’s Twitter Controversy

Gülen and the participants of the movement he helped create have no interest in the privileges of power, which is evident from their purposeful abstention from holding political office or negotiating for political advantage.

How Erdogan is covering up the corruption scandal

In a blunt violation of Turkish laws and ethical norms, authorities removed nearly 100 police chiefs, who were either involved in the graft raids or pose a possible risk to the government. Two additional prosecutors were appointed to supervise the case, a move mostly interpreted by experts as an attempt to control the judicial process. The government has launched an unprecedented witch-hunt in public institutions and continues to purge any bureaucrat it believes could be cooperative with prosecutors in the graft investigation. Four ministers whose names were linked to these investigations refused to step down despite calls from the opposition.

Pro-gov’t journalist proposes torturing jailed Gülen followers to force them to talk

Staunchly pro-government Turkish journalist Cem Küçük has complained about Turkish authorities’ not forcing jailed Gülen movement followers to speak about the group’s activities, suggesting that various kinds of torture could be used to make them talk, the Aktif Haber news website reported. Küçük’s controversial remarks came during a recent segment of “Media Critic” on TGRT […]

Hakan Yavuz: Der Spiegel’s inflammatory, biased journalism on Turkey story shocked me

A Turkish-American professor has slammed German Der Spiegel’s what he called “inflammatory and biased” reporting in its article about the movement associated with Turkish Islamic scholar Fethullah Gülen. “Reading today’s article on the Gülen movement was a real shock for me,” Yavuz, who is a professor at the University of Utah, told Today’s Zaman, referring […]

TUSKON to sue dailies over disputed land reports

Leading Turkish business group, the Turkish Confederation of Businessmen and Industrialists (TUSKON) said on Thursday it will soon file lawsuits against certain government dailies which published allegations of irregularities regarding disputed land in İstanbul.

America’s Public Radio International maps out Turkish gov’t persecution of Gülen movement

“Nate Schenkkan is with Freedom House and an expert on Turkey. He says Gülenists have been left jobless, with no chance of restarting their careers. “For the vast majority of the people in the Gülen movement, it’s quite clear. They had nothing to do with any of this, whether it’s the coup attempt or any other kind of violence,” he said.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Brazil’s top court denies extradition of [Gulen-linked] Erdogan opponent

Mother of four under detention for months on coup charges

Why do they lie about Fethullah Gülen?

Gülen’s German collaborator, or the German slap?

Gülen: Alevi-Sunni brotherhood should not be marred by bridge controversy

Turkish preacher isn’t running terrorist gang

Mothers meet in İstanbul to mark Mother’s Day, see their children

Copyright 2025 Hizmet News