Criminal complaint from İmamoğlu's lawyers against the YÖK report! 'New documents that will make you say "what more could there be?"'

Istanbul Metropolitan Municipality (IMM) Mayor Ekrem İmamoğlu will provide his statement tomorrow (March 5) as part of the investigation launched into his alleged fake diploma.

İmamoğlu filed a criminal complaint today regarding the YÖK report prepared on his university transfer and diploma.

As all eyes turn to tomorrow, İmamoğlu's legal team held a press conference in Saraçhane regarding the investigation.

İmamoğlu's lawyer, Mehmet Pehlivan, stated the following at the meeting:

Mr. Ekrem İmamoğlu will go to the Çağlayan Courthouse to provide his statement as part of the investigation conducted into his Istanbul University diploma. Let us recall. What was the reason for being called to testify? Our state's official agency, Anadolu Agency, reported the news on Saturday, February 22, with the following headline:

An investigation has been launched against IMM Mayor Ekrem İmamoğlu for the crime of forgery of an official document regarding his university diploma being fake. Yes, the Istanbul Chief Public Prosecutor's Office wants to take Mr. İmamoğlu's statement on the allegation that he committed forgery of an official document. Following this allegation, it turned out that all the official documents he presented regarding his diploma were genuine. In fact, even the YÖK report, which was used as the basis for the prosecutor's investigation, confirmed the accuracy of these documents.

The report states that Ekrem İmamoğlu met the transfer criteria and that all documents he submitted to the university were accurate and valid. State records also confirm this. There is no longer any question mark on this issue for either the public or the public opinion.

"THERE IS NO ELEMENT OF CRIME"

In other words, there is no forgery committed by Mr. İmamoğlu in this incident. There is no forgery in the incident anyway. But his statement will still be taken. Under these circumstances, it is impossible to make sense of Mr. İmamoğlu still being called to testify tomorrow, both legally and logically. Since it has been proven even by the YÖK report that there is no forgery report and no forgery, we consider forcing him to go to testify as judicial harassment.

There is no element of crime. Furthermore, even if there were an element of crime, the prosecutor's office should not have needed such a statement because Mr. İmamoğlu is not a party to this process. In the current situation, Mr. Ekrem İmamoğlu and other citizens who transferred at that time, as long as no fault is attributed to them—and legally no such fault has been shown—

They do not even have to make any explanation other than saying, "We applied and transferred." We call this respect for acquired rights or the principle of legal security. Following the documents we presented at the press conference we held last week, the letter sent by the Istanbul Chief Public Prosecutor's Office to the Istanbul University Rectorate, which was in the nature of a diploma warning, was not in accordance with customs. The prosecutor's office can only give instructions to law enforcement agencies. Apart from this, it should not make requests in a way that would make public institutions feel under pressure.

"'NEW DOCUMENTS THAT WILL MAKE YOU SAY "WHAT MORE COULD THERE BE?"'"

Although the diploma issue has turned into a reputation-damaging communication campaign for some, our respected judicial institutions should avoid steps that would be perceived as part of this campaign. Dear members of the press, we have come together today to share information about new documents that we have revealed and that will change the course of the event, and even make you say 'what more could there be?'. However, in order to maintain the integrity of the subject, we first want to make some reminders about last week. As you know, Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu enrolled in the English Business Administration department of Girne American University on September 5, 1988.

Mr. İmamoğlu studied 1 year of preparatory school at this university and then the 1st year of the English Business Administration department. While he was continuing his education in the TRNC, Istanbul University published an advertisement in Milliyet Newspaper on July 30, 1990, regarding the conditions for transfer. Seeing this advertisement, the Mayor wanted to take advantage of this opportunity because his family and business life were in Istanbul, and he made his application.

Three criteria were announced for the transfer in the advertisement. The first of these is to apply within the application date. The second is that the applicant has passed all courses. The third is that the student has a grade point average out of 60.

Mr. İmamoğlu meets these criteria and the Istanbul University Faculty of Business Administration Board of Directors meets and approves his transfer. I would like to draw your attention to the fact that it approves the applications of many citizens who meet the conditions, not just Mr. İmamoğlu. In fact, the issue that he meets these criteria and that his transfer was only made that way is also confirmed in the YÖK report. We have revealed these with their documents and details. Despite this, we see that some people who want to create a perception to damage Mr. İmamoğlu's reputation are still making claims such as he transferred from a private university to a state university or that he was accepted to Istanbul University even though his ÖSYM score was not sufficient.

"A REGULATION THAT CAME OUT 23 YEARS AFTER İMAMOĞLU'S TRANSFER"

These statements are not well-intentioned comments or objective evaluations. On the contrary, they are accusations and lies that consciously distort the truth. Dear members of the press, these issues were not among the transfer criteria in 1990. Even today, it is possible to transfer from private universities abroad to foundation or state universities in Turkey. There are no separate rules for transferring from state or foundation universities to state or foundation universities. Again, the base score requirement is only valid for transfers between universities within the country. Let us repeat. The base score requirement is only valid for domestic transfers. Moreover, this rule was issued on September 21, 2013. You can also see the official gazette of that date on the screen. In other words, the base score issue is a regulation that came out 23 years after İmamoğlu's transfer.

Look, even today, the base score issue does not exist in international transfers. Persistent articles aimed at misleading the public continue despite knowing this, and we are taking legal action regarding them. Dear guests, the investigation launched by the Istanbul Chief Public Prosecutor's Office was carried out on October 18, 2024, upon a Cimer (Presidential Communication Center) report. Actually, someone felt the need to reheat a closed file. Why do we say this? Because this issue had been complained about before. Moreover, 5 years ago. In the complaint made to the Presidential Communication Center on February 15, 2020, it was requested that if Ekrem İmamoğlu transferred from Girne American University to Istanbul University in 1990 and if he made an unfair transfer, the benefit should be taken back in terms of public conscience. Cimer forwarded this request to the Istanbul Rectorate for the necessary action.

"WE ARE HERE TO REVEAL IT WITH EVIDENCE"

Upon this, the university conducted its investigation and in a letter signed by Dean Professor Doctor Ahmet Kamil Ahmet Köse to Cimer in March 2020, it conveyed that the transfer was legal. When? Exactly 5 years ago. However, for some reason, as a result of the same report made again about Mr. İmamoğlu approximately 5 years later, this time the Chief Public Prosecutor's Office requested a research report from the Higher Education Council regarding the allegations subject to the report. We are here today to reveal with evidence some important distortions and deficiencies regarding some allegations voiced in the report prepared by YÖK.

Before publishing these documents, we would like to announce that as of yesterday, we have filed a criminal complaint against the 5 people who signed and contributed to the YÖK report within the scope of the crimes of attempting to influence a fair trial, misconduct in office, publicly spreading misleading information to the public, concealing an official document, false statement in the preparation of an official document, and slander. We also submitted a petition with documents to the Istanbul University Rectorate. Why did we do this? On one hand, YÖK, and on the other hand, the Chief Public Prosecutor's Office is requesting that Istanbul University make a decision.

"HERE IS THE FIRST DOCUMENT THAT WILL REFUTE THIS CLAIM..."

We also had a request to remain within the law and legislation. And we submitted a statement petition to the Istanbul Chief Public Prosecutor's Office, where we will give our statement, within the scope of collecting evidence in favor. After explaining these judicial processes, I would like to share the following information about our new file, which is of the kind that will make you say 'what more could there be?'. As you will remember, it was revealed in the YÖK report with a letter dated November 18, 1991, that Girne American University was not among the recognized universities. Then the following statements were made: That the recognition of the relevant university was only decided by the Higher Education Council in 1993, and that it was not among the universities to which transfer could be made in 1990, when the person concerned transferred. Now I ask everyone watching or listening to us to focus their attention.

It is said in the YÖK report that Girne American University was recognized after 1993. Here is the first document that will refute this claim, we are bringing it to the screens. The diploma you see on the screen is a collection diploma received from Girne American University Faculty of Business Administration. The date the diploma was issued is September 29, 1991. The name of the graduating student is Kaan Ferah. I repeat. This diploma is from 1991. What was said in the YÖK report? The recognition of Girne American University took place in 1993. In other words, a diploma received 2 years before it was recognized.

In other words, Mr. Kaan studied and graduated at a time when Girne American was not yet recognized. And this document you see is the Higher Education Council Presidency diploma equivalence certificate. Upon the request of the graduating student, YÖK meets in 1995 and equivalence is given to the diploma of Kaan Ferah, who graduated from Girne American in 1991. Under this decision is the signature of Deputy Chairman Uğur Tazebay. If equivalence cannot be given to an unrecognized school, if a transfer cannot be made from an unrecognized school, then why was equivalence given to Kaan Ferah, who studied and graduated at a date not yet recognized by YÖK?

"RECOGNITION IS NOT A CONDITION FOR TRANSFER"

If a university is not recognized by YÖK, how can the same YÖK treat Girne American University the same as a university in Turkey? It's not over. There is one more diploma. Uğur Özden graduates from Girne American University Faculty of Business Administration on June 26, 1992. According to YÖK, there is one more year until the school is recognized. He also applies for equivalence from the TRNC. As you can see on the screen, his document is approved by YÖK on May 12, 1993.

In other words, equivalence is also given to this diploma. So, did YÖK make a mistake here? Did these people who received their diplomas commit forgery? Of course not. There is no mistake or forgery by anyone. YÖK did the right thing. Now we would not be surprised if some people come out and say that the equivalences for these diplomas obtained in 1991 and 92 were given after 1993. Well, if that's the case, we ask why the same situation does not apply to 1990? In other words, is it legal for everyone but forbidden when it comes to İmamoğlu? Anyway, there is no recognition and equivalence condition in the transfer process that concerns Mr. İmamoğlu. Recognition is not a condition for transfer.

Recognition is not a condition for equivalence. And equivalence is not a condition for transfer. It was not a condition at that time, and it is not a condition in this period. Let us state again that recognition and equivalence only gained legal legislation in 1996, and despite this, these two conditions have still not been brought for transfer. Let us state again. Not in 1990, even today there is no provision in the regulation that a transfer cannot be made from an unrecognized university.

"WHILE ALL THESE FACTS ARE CLEAR..."

While all these facts are clear, and while the equivalence certificates of the diplomas we just published are in YÖK's archive, there is no well-intentioned side to the YÖK report. For this reason, a criminal complaint has been filed with the judicial authorities against those who contributed to the report for the crime of misconduct in office by preparing an unlawful report yesterday, the crime of publicly spreading misleading information to the public due to the sharing of the report with the public, the crime of forgery in an official document due to the preparation of the report with findings contrary to the truth, the crime of concealing an official document by hiding the equivalence certificates, the crime of false statement in the preparation of an official document by not including the legislative provisions in the report, and the crime of slander in order to cause an administrative and judicial investigation to be carried out against our client by saying that the transfer process is irregular.

News Source: 12punto