Isle of Man documents Supreme Court ruling: Money moves, within criticism

Following the allegation that CHP Chairman Kemal Kılıçdaroğlu sent $18 million in 2011 to offshore accounts in the Isle of Man, which is described as a tax haven, in 2017, the son, brother, uncle, fiancé and former private secretary. A separate lawsuit has been filed. While the Court of Cassation noted that two of these cases were to be the subject of a “dismissal” decision, in the third case it decided to annul the decision to reduce the amount of compensation. In the decision, it was stated that “there is no decision regarding the falsification of the documents on which the defendant relies”.

The lawsuits filed after CHP leader Kılıçdaroğlu’s claim by showing bank receipts were decided by the Supreme Court. CHP Chairman Kemal Kılıçdaroğlu’s lawyer, Celal Çelik, posted on his social media account: “This time the Supreme Court has taught Erdoğan a lesson! President Kılıçdaroğlu was right in the affairs of MAN Island, and we won! -called judges who committed crimes (in 3 cases) Overthrown by the Supreme Court! We will continue to win and teach! Our word is our word!” mentioned.

In the judgment of the Court of Cassation, “the plaintiff president and his relatives, who are the subject of criticism, must be considered more broadly, because of the position and recognition of the other plaintiffs. It is clear that freedom of expression is particularly valuable for elected officials who convey the demands, concerns and thoughts of the constituents they represent in the political arena and defend their interests.

The decision also stated that Kılıçdaroğlu’s speech was in the public interest and said: “In this context, it is natural that investigations in which the names of relatives of the applicant president are under the strict and close supervision of the defendant, who is the leader of the main opposition party.

What the court said about the documents

The documents that are the subject of the case from the Supreme Court decision were also assessed. The following statements were included in the Supreme Court decision:

“The allegations made by the defendant, which are the subject of the case and in his speeches to the Grand National Assembly of Turkey, are based on information and documents concerning the movement of bank money, which relate to the relatives of the plaintiff president and certain plaintiffs, and which include rapid transfers.

As determined by the decision of the Ankara General Prosecutor’s Office dated 01/15/2018 and numbered 2018/460 that there is no cause to prosecute, according to the response letter dated 12/21/ 2017 given by Halk Bank Galata Commercial Branch, at the specified bank branch of Bellway Limited operating in the Isle of Man. It was determined that a large amount of foreign currency was transferred to the bank accounts of some of the plaintiffs and that the movements of money indicated in the report sent in the appendix of the Financial Crimes Investigation Board of 22/12/2017 and numbered E. 34321 letter are the same as the bank’s response letter. Furthermore, there is no determination of the falsity of these documents relied on by the defendant.

Statement by Erdogan Aydın’s lawyer

President Recep Tayyip Erdoğan’s lawyer, Hüseyin Aydın, said that Kılıçdaroğlu’s lawyer, Celal Çelik’s assertions that “the Supreme Court found that Kılıçdaroğlu was right in the Isle of Man cases” do not did not reflect the truth.

Stating that 4 of the lawsuits for non-pecuniary damages filed against Kılıçdaroğlu on behalf of President Erdoğan have been approved by the Supreme Court, Aydın noted that so far no other cases have been finalized.

Aydın said that due to these finalized cases, Kılıçdaroğlu was ordered to pay a total of 165,000 liras with his main claims and associates.

Affirming that in the decision of the Supreme Court, it was emphasized that freedom of expression is not unlimited and that the honor and dignity of others must be respected in the exercise of freedom of expression, Aydın continued as follows:

“It was concluded that the expressions used by Kılıçdaroğlu against our president exceeded the limits of freedom of expression, that the accused failed to pay attention to his duties and responsibilities in exercising his freedom of expression, that the statements in the case were a personal attack rather than political criticism, and that the expressions used had no capacity to contribute to public debate.Regarding the Isle of Man claims in the Court’s decisions supreme, it was pointed out that the document subject to the non-prosecution decision based on the MASAK report cannot be accepted as “fact”, and that the documents and other research are not related to our president, and statements by Defendant Kılıçdaroğlu targeting our President in the context of the Isle of Man allegations are also highlighted reference to Supreme Court rulings, some statements made on social media do not reflect the truth, and statements and news of this nature are false. It makes no sense other than the irresponsible distortion of court decisions.”

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