February 12, 2015

Police raid on Bank Asya violates European Convention of Human Rights

The February 3 police raid conducted without a court order against publicly traded participation bank Bank Asya, which resulted in a management takeover by the state controlled fund, violates Article 8 of the European Convention of Human Rights, argues lawyer Süleyman Taşbaş.

Underlining that the raid has violated “The right to privacy and family life” clause of the ECHR, Taşbaş threatened to file suit, “the police entered Bank Asya’s building and garden without a court order. Bank Asya has status as a private and corporate entity. The move constitutes to the persecution of private life.”

He further added “any raid has to be within the law. Even if the circumstances surrounding the raid were legally justifiable, the application also has to be completely legal…The raid is a crime according to the ECHR Article 8, and we will take action.”

In his statement Taşbaş also lambasted that private information on the bank’s ousted board had been leaked to the press, expressing “we deny any defamatory allegations that can be perpetrated from such disclosures, and that we hold the right to file suit for damages against those responsible for the published claims.”

In the meantime Bank Asya’s shareholders had issued a warning against the Banking Regulation and Supervision Agency (BDDK), noting that the Savings Deposit Insurance Fund (TMSF) officials would be held accountable for any losses incurred after the overhaul.

Article 8 of the European Human Rights Convention outlines the following with respect for private and family life:

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Published on BGNNews, 12 February 2015, Thursday