FETÖ fugitive Hakan Şükür provokes first, then files compensation lawsuits

FETÖ fugitive and former footballer Hakan Şükür, who lives in the US, filed a lawsuit through his lawyer at the Bakırköy Civil Court of First Instance, demanding 100 thousand liras in non-pecuniary damages, claiming that M.C.Y. had responded to a social media post with insulting content.

In the petition submitted to the court by Şükür's lawyer, it was also requested that legal interest be applied to the compensation starting from 2022.

Hakan Şükür also did not pay the 1,977 lira court fee and requested "legal aid" from the court.

The defendant M.C.Y.'s lawyer, Serhat Sayan, stated in the petition he submitted to the court that "those who lack the financial means to pay for litigation or enforcement costs" can benefit from legal aid.

Sayan's petition emphasized that although the request for legal aid was rejected by the court, Şükür did not pay the court fee and only completed the postal expenses; therefore, according to the Code of Civil Procedure (HMK), the case file should be removed from the docket.

HE DEMANDS MILLIONS OF LIRAS IN COMPENSATION IN THE LAWSUITS HE FILES

The petition stated, "The plaintiff aims to create a basis for settlement with the opposing party by demanding high amounts of compensation, and to close the files by reaching an agreement with the party who is affected by the high amount demanded and agrees to settle. If an agreement cannot be reached, he does not pay the opposing counsel fees and litigation costs, as there is already no ability to collect in Turkey."

The petition regarding the compensation claim of Şükür, whose assets in Turkey have been frozen due to his FETÖ membership, also included the following findings:

"The plaintiff is trying to obtain financial benefit and gain by filing non-pecuniary damage lawsuits in our country. Non-pecuniary damages cannot be used as a means of enrichment for the claimant. This has been constantly emphasized in the decisions of our high courts. However, the fact that the plaintiff has filed a lawsuit by showing high amounts because he has no collateral in Turkey can only be evaluated as bad faith. The lawsuit petition mentions 200 case files. If it is considered that there is a compensation amount of 100,000 liras demanded for each, a compensation amount of 20,000,000 liras is being discussed. If interest, litigation costs, and attorney fees are added to this, the amount increases even further. The plaintiff provokes people by making provocative posts and tries to earn income from this by filing such lawsuits. While doing these, he tries to create the impression that he has no income and that his financial situation is not good."

"HE LIVES IN LUXURY IN THE US"

The petition noted that multiple arrest warrants were issued for Hakan Şükür for his arrest within the scope of FETÖ investigations, but the arrest warrant could not be executed because he fled to the US before the July 15 coup attempt, like other senior executives of the organization.

It was also stated in the petition that before proceeding to the merits of the case, it should be taken into account that he leads a luxurious life in the US in order to reveal Şükür's bad-faith intent.

Pointing out that Şükür opened a football school in Palo Alto, California, as of August 2023, the petition stated, "As seen on social media, he lives in luxury in the United States. He has also opened a football school. He stays in luxury villas and uses luxury vehicles. However, he tries to earn income in bad faith by requesting 'legal aid' without showing any collateral or paying fees in our country, and by filing hundreds of lawsuits."

COURT DECIDED HE MUST DEPOSIT 20 THOUSAND LIRAS AS COLLATERAL

At the preliminary hearing held in court, it was decided that the plaintiff Hakan Şükür must deposit 20 thousand liras in cash or a bank letter of guarantee.

The judge, who gave Şükür a 2-week period, informed the lawyers of the parties that if the collateral is not deposited, the "case will be dismissed on procedural grounds."

Hakan Şükür did not deposit the collateral within this period.

It is expected that the case will be dismissed at the hearing to be held in October by deciding that it is considered as not filed.

"WE WANT CITIZENS TO BE AWARE"

Defendant's lawyer Serhat Sayan underlined that citizens living abroad must provide collateral in order to file lawsuits and initiate enforcement proceedings in Turkey.

Noting that those who do not have the financial means to provide collateral can request legal aid from the state, Sayan stated that Hakan Şükür also resorted to this method while filing compensation lawsuits against citizens.

Explaining what they experienced during the lawsuit process at the Bakırköy Civil Court of First Instance, Sayan said, "When we took on this case, we saw that there was a request for legal aid. We asked for this request to be investigated by the court. In the investigation, it was determined that Hakan Şükür leads a luxurious life abroad. Upon this, the court rejected the request for legal aid."

Emphasizing that according to the court's rejection decision, Şükür cannot file a lawsuit without paying collateral, Sayan stated that this decision could set a precedent for other cases.

Lawyer Sayan explained what should be done if citizens are faced with such a lawsuit as follows:

"In our research specifically at the Bakırköy Courthouse, we saw that Hakan Şükür has filed more than 100 non-pecuniary damage lawsuits regarding the same subject. All of these non-pecuniary damage lawsuits are very high-caliber cases. It is unknown to us in how many of them collateral was requested and in how many there is legal aid. That is why we want citizens to be aware. If there are such lawsuits filed against them, they must definitely request the judge and the court to provide collateral."

News Source: AA