Remarkable 'trustee' decision for whistleblowers in IMM case! 2 names return to their companies
The court has followed a new path regarding the trustee requests of Sarp Yalçınkaya and Ali Nuhoğlu, who are whistleblower defendants in the Istanbul Metropolitan Municipality (IMM) case. While full control of their companies was not granted, they have gained a say in management. Necati Özkan's application regarding his assets was rejected.
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Istanbul Metropolitan Municipality (IMM) case has seen a new development. A change has been made to the trustee practice over the companies of Sarp Yalçınkaya and Ali Nuhoğlu, two key whistleblowers in the investigation. The court decided to appoint a “supervisory trustee” instead of the previous trustees. According to the report by Can Bursalı, with this development, the two names will be able to have a say in decision-making processes in their own companies again through the board of directors.
SARP YALÇINKAYA’S REQUEST PARTIALLY ACCEPTED
Sarp Yalçınkaya had previously testified as a whistleblower six times and was released in September. Yalçınkaya’s application to remove the trustees appointed to his 14 companies, including TECO Petrolleri, was partially accepted by the court. Thus, decisions will first be taken by the board of directors and then submitted to the approval of the supervisory trustee.
SAME MODEL APPLIED FOR ALİ NUHOĞLU
Another name mentioned in the same case, Ali Nuhoğlu, made a similar request. After being released following his decision to become a whistleblower, the contractor Nuhoğlu wanted to resume management of his companies through his lawyer. The court found his requests partially positive as well; the direct trustee practice in the companies was terminated and a supervisory trustee system was put into effect.
HOW WILL THE SUPERVISORY TRUSTEE MODEL WORK?
In the supervisory trustee model, the company board of directors will be able to make its own decisions, but these decisions will only be valid if the supervisory trustee finds them appropriate. With this method, the court did not grant the company owners complete freedom of movement, but provided them with the right to participate in management processes gradually.
“VILLA” ALLEGATIONS HAD BEEN DENIED
Ali Nuhoğlu is known in the public eye as the “contractor who transferred 3 villas to İmamoğlu İnşaat for 15 million.” However, Ekrem İmamoğlu’s lawyer, Mehmet Pehlivan, had denied the allegations reflected in the public sphere with documents, stating that they were “outright lies.”
NECATİ ÖZKAN’S APPLICATION REJECTED
On the other hand, Necati Özkan, the owner of Öykü Ajans, who managed the election campaigns of IMM Mayor Ekrem İmamoğlu and is still under arrest, also applied to the court to lift the injunction on his assets. However, the court did not find Özkan’s request appropriate. The decision emphasized that there was no unlawful situation regarding the seized assets.