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In France, the Court of Appeals found it “illegal” for TMSF officials to raid Cem Uzan’s home in Paris and seize 2 billion euros in shares.
According to Deutsche Welle Turkish news of Gökkuş’s acquittal, the entrepreneurs and the Young Party of founder Cem Uzan won a lawsuit against Turkey than in France. The French Court of Appeal found the seizure of shares worth € 2 billion by TMSF representatives who raided Uzan’s home in France “illegal” as it went against the privacy of private life.
With the decision made by the 12 judges on the court board, Uzan’s attorney said his client’s actions belonging to Kepez and ÇEAŞ were “reversed.”
Lawyer Matthias Pujos stated that the court’s decision emphasized that the right to “immunity” of private property on French territory cannot be violated.
TMSF representatives raided Cem Uzan’s home in Paris on August 25, 2017, when he was not there, and bought his shares. Uzan had previously won the case on this issue at the French Court of Appeal. However, Turkey moved to appeal the case.
Uzan won at the ECHR
In June 2003, when Cem Uzan was the leader of the Young Party, his family owned ÇEAŞ and Kepez Elektrik were confiscated by the state, and a defamation lawsuit was filed for statements he made while criticizing then-Prime Minister Recep Tayyip Erdogan during his speech in Bursa. In this case, Uzan was sentenced to 8 months in prison and a fine of approximately 688 lira in September 2008, and this sentence resulted in 5 years of judicial control and anger control book, 1 year under the directive control of according to the Probation Law.
Uzan won the lawsuit for freedom of expression and the right to a fair trial that he presented before the ECHR against this decision in March 2018. The ECHR considered that the sentence imposed on Cem Uzan as political leader was “disproportionate and unnecessary in a society democratic “.
