Council of State says 'No violation of law': The basis for the investigation into İmamoğlu was closed in 2021!

Cumhuriyet columnist Murat Ağırel has revealed that a 2021 complaint, which serves as the basis for the recent investigations opened against Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu, was actually previously evaluated and closed by the Council of State.

In his column titled "We understand they are eating rights, but they have also devoured the law," Ağırel stated that the complaint in question was examined by the Ministry of Interior in 2021, a referral report was prepared, but after this report was sent to the Council of State, the process was terminated with the conclusion that there was "no violation of the law."

Journalist Ağırel included the following statements in his column:

"There is an investigation that began upon a complaint from 2021, which has been included in the İBB investigation. This investigation is what caused the current process against İmamoğlu to begin.

However, it has emerged that the complaint in question and the subsequent events were investigated by the Ministry of Interior in 2021, a referral report was prepared, but it was closed by the Council of State saying, 'There is nothing illegal in this.'

...

Let me tell the story of the complaint that caused today's İBB investigation to begin.

The Istanbul Chief Public Prosecutor's Office wrote to the Ministry of Interior in 2021 upon a tip-off and requested permission to investigate municipal officials. The Ministry of Interior prepared a 245-page referral report and sent it to the Chief Public Prosecutor's Office on August 16, 2024. The investigation deepened following this report.

His name: Sedat Kapıdağ

The use of the advertising space in Beşiktaş, which was permitted for the Universal Medya Reklam Hizmetleri company, of which he is an official, until before October 2019, was not allowed by the İBB, citing regulations as the reason.

The company's billboards were dismantled and removed by the municipal police. According to Kapıdağ's claim, this practice was not applied to other companies. According to him, there was discrimination here.

Allegedly, with the knowledge and instructions of Ekrem İmamoğlu, advertising billboards were given to desired individuals through the 'illegitimate' instructions of mayoral advisors Murat Ongun and Ertan Yıldız, former General Manager of Kültür AŞ Serdal Taşkın, and Deputy Secretary General responsible for the municipal police Murat Yazıcı.

The Chief Public Prosecutor's Office also took the statement of Kapıdağ within the scope of the İBB investigation, saying, "Come and tell us." In his statement, Kapıdağ explained that after he became a complainant against the İBB, he and his son were subjected to numerous threats, insults, pressure, and character assassination. He said that the advertising billboards in places like Zorlu AVM, where he held rights, were destroyed and even looted. He stated that he himself removed the advertising posters that were deliberately placed over his own advertisements, and that these events were repeated 6-7 times.

Kapıdağ claimed that he was held a grudge against because of his complaint and the statement he gave during the period when the Ministry of Interior was investigating the same subject. That is why his advertisements were blocked.

Going even further, he mentioned the advertising spaces given to SEV Medya AŞ in his place and alleged that the officials of this company, Alper Aydın, Alihan Aydın, and Alperen Aydın, attacked him and his company with the 'incitement' of Ekrem İmamoğlu, Murat Ongun, and Murat İlbak.

Alihan Aydın's lawyer, Mutluer Doğan Şişman, also responded to these allegations before the prosecutor's office. In his response, he stated that Sedat Kapıdağ held a grudge against his client.

To summarize, he said: A 5-year lease agreement was made between Sedat Kapıdağ, who is complaining about us, and my client's company in May 2022. This agreement included the billboard at Zorlu AVM. Kapıdağ wanted extra money after the agreement was made. However, he owed us money. He was sent to enforcement. After a lien was placed on his bank accounts, he cut and destroyed SEV Medya AŞ's advertisements with a utility knife. He was reported to the police and the prosecutor's office, and lawsuits were filed against him. As for Sedat Kapıdağ's complaints, a decision of non-prosecution was issued. All these things he did were to make my client give up on the enforcement proceedings.

In fact, in the last sentence of his statement, lawyer Mutluer Doğan Şişman used the expressions, 'all the issues he alleged are intended to mislead the judicial authorities. We are also complainants against Sedat Kapıdağ.'

When there were such serious allegations, I looked at the Council of State decision given in 2022 regarding the same subject.

It turns out that the Council of State had rejected the transactions subject to the complaint in the file where there were so many 'serious' allegations and for which the Ministry of Interior had prepared a 245-page referral report. It even said, 'There is no need to even grant permission for an investigation.'

The following statements were used in the Council of State decision:

'Regarding the acts attributed to Ekrem İmamoğlu, it is understood that the mayor does not hold the title of expenditure authority in the tenders in question, that there is no evidence that he gave instructions for the tenders to be given to certain individuals or firms to provide unfair gain, or that he provided guidance even indirectly, and that criminal liability cannot be imposed on the mayor for the acts in question due to these reasons, and therefore the acts attributed under the relevant articles are not of a nature to require an investigation...'

I mean, I don't know what to say.

We understand you are eating rights, but you have also devoured the law."