Defense of Halkbank in a case in the USA with an academic of the Decree-Law
There was a striking detail in Halkbank’s defense petition, which asked the Supreme Court to dismiss the lawsuit filed against it in the US on charges of “violating Iran sanctions.”
Halkbank’s lawyers, who demanded that the case against them be filed within the scope of the “Foreign State Immunity Law” in the US, cited the article by Ali Rıza Güngen.
THE TWO GUNGEN ARTICLES ARE FOCUSED
Halkbank’s defense petition, which is available on the Supreme Court’s website, basically states that “Halkbank is Turkey” and “Since its establishment, the United States has resolved its conflicts with other countries through war and diplomacy.” “, not through legal proceedings in federal courts. No US court has allowed the criminal prosecution of a foreign state and its institutions,” Halkbank’s lawyers cited scientific articles to justify their thesis.
Two articles on public banks in Turkey, written together with Thomas Marois by socialist academic Ali Rıza Güngen, who was expelled from the university by decree in 2013 and 2016, are among the articles cited by the lawyers.
Among these articles, “Turkey established Halkbank to mobilize scarce domestic resources for capitalist transformation while establishing Turkish sovereignty” and “Halkbank played an active and effective role in financing national development and state-building processes” were included in the petition.
Lawyers affiliated with the US law firm Williams & Connolly LLP defend Halkbank in the US case.
Dr Ali Riza Gungen
EXPORTED FROM THE UNIVERSITY IN 2016
Political scientist, researcher and translator, Güngen completed his PhD at METU Political Science and Public Administration. He has published studies on debt management in Turkey, state banks, financialization in the global South, and governance theory.
Güngen, who was expelled from Samsun Ondokuz Mayis University’s Department of Political Science and Public Administration in 2016, continues his research at York University in Canada.
‘TERRORIST LABELS…’
Güngen, in his Twitter post regarding Halkbank’s reference to his articles in the defense, said: “They are expected to start the defense in the US Supreme Court with ‘Halkbank is Turkey’ and claim immunity from foreign states, but it is still interesting that they used my articles in the lawsuit before the parties were heard.”
In his message, Güngen said: “When they had to talk about the sovereignty and publicity of the state bank, they couldn’t help but quote a socialist academic like me (and my colleagues) who take this work seriously. That other units of the same state label me as a terrorist, which they cited as an authority…”
DECISION NOT ANNOUNCED
If the United States Supreme Court finds Halkbank’s request justified and decides in favor, the case will be dismissed; If you make an unfavorable decision and uphold the decisions of the federal and higher courts, the case will begin to be heard in the Federal Court for the Southern District of New York.
The court, which heard the parties at the hearing two days ago, has yet to announce its decision. It is unclear when the decision will be announced.
In 2019, Halkbank was added as a defendant in the Reza Zarrab case, which began in the Federal Court for the Southern District of New York in 2016.