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

What a plot attempts to tell

The film “Birleşen Gönüller” (The Converging Hearts) was released to Turkish audiences on Friday. The film is based on a true story that begins in the Soviet Union during the years of World War II and reaches Central Asia in the 1990s.

Targeted by Erdoğan, Turkish schools earn praise, offer success abroad

Turkish schools established by educational volunteers affiliated with a movement inspired by teachings of Turkish scholar Fethullah Gülen receive widespread praise due to the quality of education they provide internationally, but for months they have been targeted by the Turkish president.

Council of Europe: Turkey must separate coup plotters from Gülen employees

“We are stressing to the Turks that they have to present clear evidence, be able to separate those who were clearly behind the coup and those who have been in some way or another connected to or working for this so-called Gülen network,” Jagland, Secretary General of the Council of Europe, told Reuters.

Graft probe in Turkey: Path and passengers

The problem is not to side with the Hizmet movement or the AK Party. No one objects to the fight against corruption. But it is not possible to argue that what has been happening is all about corruption right now. Tensions should not be escalated or provoked further. I believe that promoting reconciliation is the best option. If you ask whether or not it possible, I would say, “Yes, it is still possible.”

Who is Fethullah Gülen?

The leader of the main opposition Republican People’s Party (CHP), Kemal Kılıçdaroğlu, rightly called it “a coup against democracy” when Zaman Editor-in-Chief Ekrem Dumanlı and STV network executive Hidayet Karaca, together with a number of screenwriters and television producers, were detained on Dec. 14 on the incredible charges of founding or belonging to “an armed terrorist organization aiming to seize the sovereignty of the state.”

Gov’t closes schools instead of resolving education problems

The Ministry of Education and the ruling Justice and Development Party (AK Party) government have been focusing on closing down private prep schools for university preparation (dershanes) and Turkish schools abroad instead of spending its energy on resolving critical problems in the Turkish education system, experts say.

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

Minister Yazici Visits Turkish Schools in Yemen

Pro-Gov’t Columnist Suggests Setting Turkey’s Silivri Prison Ablaze To Kill Inmates From Gülen Movement

Failed 2016 coup was gov’t plot to purge Gülenists from state bodies, journalist claims

Caretaker AK Party gov’t criticized for police operation against youth association

Turkish school graduates in Bosnia now teachers at alma maters

Kimse Yok Mu presents gifts to 8,000 children in Diyarbakır

Former Filipino deputy: Great that we have Kimse Yok Mu

Copyright 2025 Hizmet News