T.C.Marmaris
 2.Sulh Ceza Mahmkemesi  2013/228 ESAS’la ilgili

 09/09/2010
 tarihinde  TC ADALET BAKANLIĞI ,ULUSLARARASI HUKUK VE DIŞ İLİŞKİLER GENEL MÜDÜRLÜGÜNE de kopyasini gonderdigim sikayetlerle ilgili dava konusunda son gelismelerdir. 12 Temmuz 2010 tarihinde “kazada” 19 yasinda oldurulen oglumuz Bertan Mustafa Hajiahmetoglu -T.C. Marmaris 2.Asliye Ceza Mahkemesi, Dosya No:2013/284 ESAS gorulen 04/02/2014 tarihli, bizim yoklugumuz bilindigi, hukucu temsiliyetimiz olmadigi  ,eski avukatimizin
 güç gosterisi /kendi isteğine uyarak tazminat davası açmadığımız için
 ,nisbet olsun diye,(cevaben maili ektedir) basindan beri polemikler
 yasadigimiz, derin evlat acisi yasadigimiz yetmezmis gibi,sirf katilmak

 icin 4000 km ucakla geldigimiz ilk durusmada bizi sanik ifade veririken
 mahkeme disina cikaran ,yoklugumuzda Kesif yapilamsina itiraz etmeyen,talimatlarimizi almayan ,bize yalanci sahit eski musterisiyle kumpas ceken , 3.5 yillik eski avukatimiz Yuksel DONMEZ ín (av.YD); 12 Eylul 2013’te yeni av. Halil Yalvac’a davayi verdigimizi, 6 ay evvel bildigi
 halde, yeni avukatimizin tehdit edilip durusmaya giremedigi ,bizim temsil edilmedigimiz ,kendisinin da “orgut uyesi sanigin gizli avukati yardimcisi; konumunda oldugu son durusmada bizim ve yeni avukatimizin yokluğunda karar istemesi hukuga aykiri ,kabul edilemez karardir. Sayin Hakim Defene BULBUL’e sahsen 2 sefer anne/baba olarak anlattigimiz davayla ilgili sorunlar ,arastirilmayan ,aciga cikarilmayan konulardan dolayi ,itirazlarimiz oldugunu ,bunlarin taraftar topayan sanik engeliyle arastirilmadigini, yazili olarak şikayetlerimizi ,arastirlmadik konuları Eylul 2012’de ilettigimiz Hakimin davada “Karar durusmasina razi olmasi” son 3 yildir ,kokumuzu kurutan kaybimizdan dolayi,
 sihhatinden olan anne/baba olarak bizim icine dustugumuz adalet
 arayisinda yok edilen oglumuzun hayati ile ,degersiz kilinan adalet
 arayisimila bosa gecirdigimizi,bu konuda motivasyonumuzu yitirdigimizi
 anlatmak istiyoruz. Yeni avukati ilk gormeye gittigim12/09/13 tarihinde
 “menfaatci/destekci/yalanci sahit” Arif KARAKUS
(AK)tarafindan takip edildigimi, onu avukatin yolunda bekler bulup av. Halil Yalvac’a diger taniklari tehdit ettigi gibi  “Disarda benim gitmemi bekler sizi de tehdit edecek” diye telkin ve sikayet ettigimi, nitekim gonderdigim maillerde bunu defalarca yazdim. Yeni avukat bize ne email ,ne de zaman zaman telefon aramalarimiza cevap vermemis, talimatlarimizi yerine getirememistir ki bu hazin karara gidilmistir. Av.H.Yalvac’á gonderdigim cevapsiz 5 mail ektedir.6 ayda kendi deyisyle “eski avukati azad forması ” gonderememis, ikinci gorusmede davayi kendisine verdigim
 taahutname ile mahkmeye verilmesi gereken avukat Azad evrakini
 ,tehditlere boyun eyip ,ne biz orda iken, ne daha sonra gecen 6 ay icinde
 mahkemeye verememistir! Oruyorum bu eylemler direk mudahalenin delili degil midir? Ayni davayla ilgili T.C.Marmaris 2. Sulh Ceza Mahkemesi,
 Dosya 2013/228 Esas 12/09/2013 tarihinde benim Hakim HAYRIYE SOLAK KARGI’ya verdigim ifadede ( ilisikte ),davaya da katilmak istedigimi, avukat degistirdigimi de soyledim. Av.YD’in her gorusmede ezber yaptigi,bize de zulum olan tazminat davasi acmadigimiz icin bize yaptirim uygulatip, inada bizi kaale almayip ,davaya katilacagini yazdigi email ektedir. Sirf intikam alamak icin kendisine davayla ilkisini 02/09/2013 te burosunda kendinin bitirip bize av.Cemal Cem Sengul’u getirip davayi almasini onerdigini ,eski musterisi “yalanci sahit” AK’nin eskiden avukati oldugunu, ona dava acamadigini, kendisine mail gonderdigimiz ,telefoniyen bildirdigimiz halde, Eylul’de davalarimizi yurutmesi icin vekatletname verdigimiz yeni avukat Halil Yalvac in katilmadigi, bizim Musteki olarak temsil edilmedigimiz, 18 yasinda ,tek evladimizin kasitli olduruldugunu bildigi ama PKK ileri geleni sanigin,polis karakolundan nezaret altindayken,Mardin Emniyet Musuru,Jandarma Komutani ve yaptigi 80+ resmi makamla gorusme ile topladigi taraftarlarin destegiyle, bizim gorustugumuz taniklari tehdit ederek ,tehdit ve rusvetle topladiklari yalanci sahitlerle 3.5 yillik dava durusmasina, sanigin sebep oldugu polis/resmi makamlara acilan T.C.Marmaris 2.Sulh Ceza Mahkemesi 2013/228 Esas dava ile alakasi goz onunde bulundulmadan, saniga “odul gibi
ceza” verilen ;sanigin sebep oldugu ,baskalarina da zarar veren suclarina ortak olan, aleyhine olan dellilerin arastitilmamasi/birlestirilmemesine,sirf dava dursmalarina katilmak icin 400km ucup Ingiltere’den geldigimizi defalarca beyan ettigimiz halde, sirf bizim
yoklugumuzdan faydalanip ,bizi avukatimiz olarak ,dava durusmalarina
girmesine yazili itirazimiza ragmen kendi av.YD temsil ediyormus gibi yalanci taniklari gormemizi engellemek icin ,yoklugumuzda ayarlanan ,yeni
avukatimizin PKK orgutu uyesi veya sempatizani ,eski avukatin “ifade vermeye korkan” dedigi meger eski musterisi ,gerceklerin meydana cikmasini onleyen , “yalanci tanik” AK sahsinda
tehditleriyle giremedigi bu durusmada alinan karara itirazimiz Mugla Nobetci Ceza Mahkemesine,avukatimiza da verdigimiz talimat dogrultusunda yapilmistir. Bizim itirazimiz daha degisik konulari dile getirmistir.  Bakanliginiza 9 Eylul 2010 da gonderdigimiz sikayetlerle ilgili dava bizim yoklugumuzda, 2 Eylul 2013 davayi arkadasi avukat cemal Cem Sengulé  devretmek isteyen,eski musterisi“Yalanci Sahit” AK planli olarak avukatimizin
yaptigi 2 sefer tanik ifadesi vermedigi ,bize 3 yil ortaya cikan 2sinin kumpasi oldugu ,daha once soylediklerini ,06/07/2012 de ,2.Kesifte tamamiyle degistirp sanik leyhine ifade verdigini ,ona eski musterisi olarak ,saniga verdigi acik destege mukafat olarak (AK nin taksici oglu da
seyahat acentesinde memur yapildi) “Soforler Birligine yerlestirilip, kendisine faydali olup, davalarini  verdigi  icin “TCK Madde 272 tahtinda dava acilmasini kabul etmeyen avukatimiz ,bize avukat arkadasi av.C.C. Sengul’uburosunda tanistirip davayi ona vermemizi teklif etmistir. Bize cikardigi zorluklardan yilip, gecmisteki problemleri tekrar yasamamak icin baska av.tuttuk.Son 6 ayda defalarca telefoniyen, mail ve gorustugu yeni avukata bildirdik!Davayi yoklugumuzda ,kasitli karara goturen av.YD’den Mugla Barosuna sikayetciyiz.Bu konuda yasadgimiz bolge Ingiliz Milletvekili Rt.Hon.Theresa Villiers araciligiyle BK Avrupa Bakani ve T.C. Londra Konsoloslugu Hukuk Musaviri araciligiyle ,T.C.Hukuk sisteminde yargiya kesinlikle mudahale olamadigini bildirmistir. Bu karar tam tersini ispatlamis,adaletsizligi 3.5 yildir adil olamayan dosya kapatmalar hayal kirikligi yasatmistir. Bizim evrak gormemizi engelleyen 2.Ceza Mahkemesi Kalem Muduru “Mahkemeden cok sey
bekliyorsunuz” deyebilmesi saniktan taraf olmanin acik ifadesidir. Bu sakincali ve daha once dile getirdigimiz konularda ihmalleri bizzat bu davada yasadigimizi ,T.C. hukuk sistemine sanik ve yalniz maddiyata dayali motivasyonla calisan eski avukatimiz YD’in de aleyhimize caba harcayip, dahil oldugu, 2 sanik avukatiyla yapilan mahkeme konumuna dusurlmesi , direk mudahale edilebilmesi ,telkin ve istisarelerimizin,sayin Hakim Defne Bulbul’le,daha once  2. Kesifte de ,2 sefer gorustugumuz halde, verilen bilgiler isiginda arastirilmadigi, bilakis ayni davayla ilgili 2.Sulh Ceza Mahkemesindeki davanin saniga verilen “mukafat gibi” cezada ektedir) ,goz onune, kaale alinmadiginin ispatidir. Yoklugumuzda gorulen bu karara itiraz ediyoruz. Bu davayla ilgili acilan 2.Sulh Ceza davasinin cezada birlesitilmesi, sanigin delil karartmak, silahla tehditle sahte tanik ifadesine basvurmas,i  adaleti yaniltmak icin ,orgutce yandas toplayarak suc ve curumler isledigi ,gorulecegi gibi masum olmadigini beyan eder, mahkemece gelecegi dusunulup hic hapis cezasi almayan saniga gore,omur boyu kokumuz kurutularak mahkeme tarafindan gercekler goz ardi edilerek “iyi hal ve saygisinda 6 ay hapislik cezasinin indirIlmesine kalan 18 ayin da 5 Yıl ertelenmesine,manevi degerlerimizin anne ,baba olarak istismar edildigimizin ,vijdanen cezalandirildigimizin ifadesidir.
T.C.Marmaris 2.Asliye Ceza Mahkemesi 2013/284 ESAS-  04/02/2014 tarihli
 Kararina ,durusmaya katilmayan ,avukatimizca temsil edilmeyen mustekiler olarak itirazimizdir. Gereginin yapilmasini istirham ederiz.>

 Saygilarimizla,
 Musteki baba- Ahmet HaciahmetogluMusteki anne -Leman Haciahmetoglu

14th ANNIVERSARY OF KILLING İINJUSTICE CONTINUES

DAS Appointed Agents preferred to “tow the line” prioritising their own interests; were pre-paid their €42K fees, instead of through the courts as expected ,6th year promoted the “economic route”so delayed submitting the Claim to TMIB with minor issues, details !

Appointed agents Kaya & Partners 1st letter to Irwin Mitchell solicitors;

Stark evidence of support for the accused “the systematic support ” that has rejected any investigation outright ,from “cover up” to unlawful conduct by the police ,have denied us justice ;all involved authorities totally backing ,behind the “killer”. KP consulted two experienced criminal lawyers ,who supposedly “analysed the case” files ;in one’s opinion “son was to blame %100” , other one’s opinion ,the “killer” was not to blame.

All Disregarded facts of the “accident” ,the court dropped the case against the 3 police officers,Shellshocked at this continued level of support for the accused !

The “economical TMIB route” would pay the “damages”, then the “convicted accused” would have to pay the insurance companies he was insured with! How come all efforts concentrated on saving the culprit ?

We objected to the appointment of legal agents in İstanbul whose sole consideration was self interest ,financial gain .The comparison of costs in civil claims ,is lacking empathy as it involved the “loss of life of a 19 year old man” DAS ,IM and KP’s unethical primary consideration ,duty of an advocate is to protect their clients interests, to prioritise costs ,chose the “economical” route !

We reminded DAS,IM and KP of the “systematic support of the accused by the system” extreme vulnerability of the TMIB to internal ,external influences in contrast to the law courts !

Another factor ;pointed out the advantage we had that court costs are lower for Turkish Cypriots in contrast to other nationals ! Ignored ,Not mentioned or considered !

Agents in İstanbul 700Km away from the “accident location” as we could not travel to discuss developments with them.

Agents extremely under external/internal influence of the system ,political ,judicial authorities.

Our insistence to go through the courts route, that for years we had been led to believe would “serve our interests best” as clients rejected !

DAS ,Fund Admin. and Agents all jointly agreed ,promoted the Green Card Scheme through The Turkish Motor Insurance Bureau (TMIB) as “economical 3 month settlement “!

We “Notary protested” as months passed without any news from the Agents as the “promised 3 month result” not forthcoming ,not fulfilled !

months of delays

We had reservations ,so objected as advised by criminal lawyers advised;

3rd year Civil Claim could be filed “through the courts”to run concurrently with the criminal case !

DAS, Fund admin.chose to wait until criminal case verdict, 6 years later.

We were not informed from year one ,in 2010 to keep record of expenses of travel to hearings etc.that could be claimed until the 6th year. It took us 2 months to search and compile expenses list.

Agents delayed submitting the expenses with emotional inquiries “receipt for Funeral Expenses”,then further delays if our son had Turkish ID ,ulterior motive ,subsequently to lower compensation amount to Turkish IT graduate earnings,when we had submitted all relevant documents ;birth Certificate ,School Reports;

Agents even chose to belittle son’s academic performance by reducing

the number of subjects son had achieved “Distinction grade” from 8 to 3

Brunel University acceptance confirmation to Fund.admin,IM !

UK graduate earnings became an issued that further delayed prospect of quick settlement;? if son had a Turkish ID ,hired agents for earnings contrast ,in UK ,settlement protracted unduly yet again.

When we informed them we had “promised to donate” a proportion of the awarded compensation to Brunel University, (as BU accepted son to study IT ) who were qualified to respond to “UK IT graduate earnings”,

without incurring any charges. DAS ,IM ,KP chose to pay for this service instead.

We questioned months later why Claim is not being filed with TMIB as promised ? We were very disappointed, dismayed ,lost trust in humanity!

Response from Agent’s “We do not take instructions from you”

Every complaint to Min.of Justice, The Court ,The Police,Authorities, all involved in the “cover up ! Authorities joint response” ; investigation not necessary, file closed”

So the Police can close The Complaints file and time expires, the Complaints process ends ; another fiasco “Letter dropped by hand” to our house in London 6 weeks later. PO stamp missing on the stamps of the envelope.

According to our criminal advocate ,Anonymous Witness statement ,(court withholding his ID )was not accepted by the court, in spite of objections that his life would be endangered by the “killer’s mob”!

Hence no witness statement for us in support !

Ege Uni.’s Autopsy Surgeon signing son’s gender as “female”,with photo of his genitals in the file. “Hate Crime” ,stark evidence of support for the accused.

2nd court file ; “mis-use of authority” of the 3 Police Officers taken to court ,offences while the accused was in custody. Judge for the case not appointed. Accused did not attend court hearings. “court attendance order” not issued as expected ;Conveniently in support of the 3 prosecuted police officers Files closed!

SUPREME COURT SHELVED THE APPEAL FILE !!!

Approaching the 14th year anniversary ,as parents We may not see the day when guilty assailant will be punished ,or when he’s imprisoned -2 year one months sentence ,reduced by 6 months for “Good behaviour” ,postponed for 5 years- as perpetrator has young family ! Such a lenient verdict 07/01/2016 .He has not paid any financial penalty (TL exch.rate devaluation continues) Istanbul Agent’s Legal Bill for €42K ,fees pre-paid in advance for services “promised in a 3 months” ,8 years since ,timescale forgotten , promised services not provided !”

 Our son lost his life, continuation of our blood-line guillotined ,our dreams and prospects  of raising grand-children evaporated ;destroyed our quality of life to “mediocre existence”,with lives of 3 generations ruined.

If we had paid for filing the CC through the courts ourselves, case would have been settled by 2019 at most with a court settlement.The CC was delayed by DAS waiting for final court verdict.

Further delayed by 6 months by their appointed Istanbul agents KP promoting economical route.

Our lives revolved around this litigation; to see the convicted ,guilty mobster pay a penalty for his drug ,alcohol use, carelessness ,negligence ! We have been exasperated by “cover-up” efforts of authorities ;system injustice at core.

I had an industrial injury at work ,09/1996, with a swollen heel, in pain I continued to work.

Leg injury affected mobility , “varicose vein” operation in both legs in 2014 at Uni.College Hospital ,one insertion wound has not healed in left leg. I have to wear “compression socks”

winter and summer throughout the day. Cortisone injections have reduced pain but gained weight

After the 12/07/2010 “politically motivated murder of our son”,I could not get a “Fit for Work” Certificate from my GP ! The hostility towards us at the surgery set up as “monitoring HQ “with every contact poisoned with prejudice; promised reward for wrongdoing ,damaging us in some way!

Not able to earn a living ,unemployed, no income ,had to survive on “own means” until retirement

7 years later ;pension payments begun 04/2019.

We kept asking ,Is there a peak to the level of trauma/ pain we have not been subjected to ?

We objected to KP’s “economical route” ,promoted by Istanbul agents Kaya &Partners (KP) ,well aware of the negative political developments ,having delayed filing with time consuming “details” ,damages CC after the “attempted coup” of 15/07/2016 ,when the country was in turmoil, judiciary came under complete control of the executive; KP as agents chose to “tow the system line” ,their own interests served with the pre-payment of their legal fees. Not results oriented !

We will continue asking why we were “faithfully promised” by DAS , Irwin Mitchell Solicitors (IM) and Istanbul Agents KP ; negotiated by DAS ;all 3 advised us to accept the swift ,economical route of 3 month settlement with Turkish Motor Insurance Bureau (TMIB ) ? Waited for 6 months ,protested at the delays ,now in limbo for the past 8 years ; without a decision from Appeal Court, “files shelved” The Supreme Court waiting for us to die !

12/07/2010 family on holiday in Marmaris .Our son Bertan Mustafa Hajiahmetoglu dob:31/08/1991 was killed in a suspicious ,”covered-up accident”;2nd Court case Police Officer on in charge and on duty 2 others charged with mis-use of authority, for fraudulent reporting of the accused in custody as not having “anything on him”; instead served tel numbers of Chief of Police ,Military Police ,allowing the use of his cousins mobile ( itemised Call List obtained from The Tel Dir.) to launch a “Cover-Up” campaign; from 04.10 am till 8.00 am by police ;then taken to Hospital killer was informed of Bertan’s death ,so giving him the opportunity to “take measures in order to cover-up his crime”. Blood/urine Tests required by law ,were ignored at the Hospital ,Alcometer was used 4+hours after accident :54.5 Promil alcohol -drugs Test not done-Accused resides in Holland ,”where “Drug Cafes” legal so police operation to “cover-up” any evidence.

The police officer in charge Mehmet Munglay and 2 others ,mis-used police authority by not following search procedures ,not keeping documents, court officials “towed the line”in keeping CCTV recordings ,Accident DVD, did not give “collected”recordings to the court. (later subject of a “blackmail” letter ,dropped to our flat,asking for a large sum to be left in the nearby “Figs tree Park” so they can leave the CCTV recordings of our son’s fatal accident )The Court did not order CCTV Recordings to be filed. Accused collided with Bertan in BMW at “aircraft speed” said to be targeting him in the middle of the bonnet, -proof he targeted him- with such force Bertan was uplifted in the air, fell onto the wind-screen, BMW continued at speed ,accused admitted ,he did not brake ,instead accelerated by his own admission in the 1st hearing 27/12/2010. His male friend as front passenger and two Russian women in the BMW allowed by Police to “walk away” as “crucial eyewitnesses”, without obtaining a statement; no court order to attend court to be cross-examined.

Flamingo Hotel in Siteler is some 100m distance from Ozan Apart, we stayed in.

Bertan got into a taxi ,told the driver he was going to Ozan Apart to the Taxi driver Arif Karakuş where he wanted to go.He was followed by a hostile militant called Ahsen,who ordered the taxi driver not to drive him.So Bertan got out of the car and had crossed the road with 3 steps to the pavement when he was deliberately targeted in his BMW by SC ,the militant Beach Bar Manager

Police had learned at the accident scene where we were staying ,but deliberately did not inform us. Ozan Apart owner’s son İlhan had seen the BMW pass at “aircraft speed” ,heard the accident, but refused to make a statement.

The police phoned to inform Bertan’s mother ;they had “sorted the funeral arrangements,paid for the grave etc” The extent of police involvement in this “pre-meditated murder”is beyond belief!

How can the police get involved ? Attempt launch operations to reduce liability of the accused ?

Cover -up ,hide anything to the disadvantage of the accused” and get involved with our private affairs ? Deeply stressed ,I had their money refunded and paid for the grave myself.

The police were “ultra active” in generating stres for us; had the audacity, the shameless misconduct to ask my wife ;Can the the killer of your son ,the accused come to visit you to “give his condolences ?” Is this police misconduct appropriate ; or extreme provocation ?

The driver lost control ,the BMW run over the pavement, crashed onto a wall .Accused phoned his “mates mob” 1st – Not the Ambulance -who came to the “ accident location” in 5 cars; mobsters dispersed in the area with the aim to “cover-up” the evidence ,threaten eyewitnesses with their lives. All taxi drivers at the Taxi rank had witnessed our son Bertan get into the Taxi of Arif Karakuş ,1st in the queue ,a hostile person called Ahsen -worked in a ceramics shop -was following Bertan on foot ,seeing Bertan get into the taxi ,he ordered the Taxi driver not to drive ,so Bertan got out and was walking near the Flamingo Hotel ,Zebra Crossing ,he was 3 steps to the pavement .Bar Manager in BMW was following him ,steered ,targeted him ,point of mowed down at speed by The Beach Bar manager, who claimed he was going to a restaurant. At Pasha Beach Bar ,Bertan was identified by an “employee”Tamer Arzu ,Esmeralda apart owner’s son we stayed in the previous year ; someone with extreme ,opposite political views; had seen Bertan’s “myspace.com” website.

30 year old ,hostile Tamer Arzu had emailed Bertan a long description of “Death Poem” (to a 19 year old ??) only days before. How deeply disturbing ?

As agent-provokatör Tamer Arzu should have been charged with “hate crime” and ordered to make a witness statement ,charged as an instigator , leading to the events of “voluntary man-slaughter”!

I complained ; our criminal advocate “laughed” the court did not order him or anyone to make a statement; from the start ,the mob had threatened potential witnesses with their lives ,no one with a conscience had any courage for justice ,no one willing to be part of prosecution evidence !

Everyone afraid of repercussions ,so unintentionally became supporter of the “murderer”!

A taxi driver ;half asleep in the Taxi hut ,looking in the opposite direction ,had nor seen but heard

the loud noise “accepted” to make a witness statement in support of the accused!!

Public Prosecutor on duty Hamza Yokuş “didn’t attend accident scene”as required by law ;as a foreign national was killed at accident scene. Son’s body was Sent to Izmir Ege Uni. “without our consent” for Autopsy Report.Surgeon on “hippocratic oath” reported son’s gender as “female” with photos of his genitals in The Autopsy Report.-should have been charged with unprofessional Conduct ,”Hate Crime” !

“Mis-Use of Authority” -of Police Officer in Charge ,Mehmet Munglay a deciple “ supporter of the accused” did not attend any court hearings; “Court Attendance Order” was not issued ,case conveniently “dropped”,as conviction of the 3 police officers would have exposed extent of the “systematic cover-up”!

SYSTEM FULL SUPPORT ;Judge was not appointed to 2nd Police “mis-use of authority”case Penal court hearings ,system support for Police Officer Mehmet Munglay ,complaints to Min.of Justice ,Courts refused ; “investigation unnecessary, file closed” !

obstruction to “gather evidence” for the Prosecution, “Cover-Up” Operations all aimed at ,in order to reduce liability of the accused !

USB flash memory card was taken from Bertan’s pockets ,that gave Police access to his website on “myspace.com”. Some of his political comments were deleted.

Evidence that racist hate was in operation that can not be ignored as Bertan was every school day kept for about an extra hour after school ,when most students left ;we ‘re kept waiting outside summer or winter in the car ;he was targeted from nursery ,having had to stay 2nd year in beginners as his birthday was 31/08 he would have gained a year in education ,aimed to offset this ! At the age of 12 Bertan had a political website at Ashmole School and therefore motivation of “Hate Crime” militants extreme revenge “ordered Bertan’s death”, all politically motivated “Hate Crime”

Our Two Policies ,Underwriters DAS;appointed Irwin Mitchell (IM) Solicitors as Fund Admin .

Barclays Additions Plus Legal Expenses (LEI)cover ,funds £25K Halifax Home insurance,LEI ,cover £50K ,Total : £75K ;as required we Updated IM and DAS of court hearings. We attended for 6 years travelling from London to Dalaman;our lives revolved round short”military style”court hearings with new a judge appointed each time. Not helpful in analysis of the file.

1st criminal advocate’s persistent pressure for us to file CC; we emphasised our priority is for the accused to be penalised; so we hired another advocate.

The Court Recorder shouted at us; “You will not get anything from this court” ;solid evidence case was “politically motivated, system open to corruption”

Our 2nd criminal advocate , Halil Yalvaç 6 months later retorted “You do not have political influence, why are you searching for justice” ? Astounded at his revelation ;should have told this before he took on our case and money !

We emailed “translated”Court Hearings to IM, asking for “Damages claim” to be filed as advised by our Criminal Lawyers; after 3rd year Civil C. could have been filed through the courts to run “concurrently with the criminal case ! We asked IM to Negotiate with our Criminal Lawyer; with the intention of being IM agents . Legal Fees quotes were £100p/h ,plus expenses. IM’s offer of %15 ( said to be low) was not accepted. DAS ,IM waited another 3 years to appoint KP Istanbul law firm ,700 Km. from accident scene in Marmaris. We objected,as we preferred to “see”them and follow progress ! Objections ignored. In order KP to file CC through the Courts, we send POA and the 2 court files to them with couriers.

2nd prosecution Court case involved the police officer in charge ,when accused was taken in custody. Two other Police officers were involved ;acted illegally while accused in “ legal custody”accused’s possessions were recorded as “nil” ! Allowed ro use mobile phone ;tel..nos were serviced to him,, so allowed to launch a cover-up campaign!

Had the accused Police officers been ordered to make statements and convicted ,the extent of “Cover-Up” would have been exposed; the accused would have been charged with voluntary manslaughter !

If our Appeal had been given priority; a more serious charge of “murder”would have been brought against the accused in a Higher Court. He has been saved by delays and pressure on the judiciary!

Appeal to the Supreme Court against the lenient sentence ;known by KP ;aware of the overloaded Judiciary ,Courts unable to cope but more important ;the executive took full control of the judiciary.

Our complaints ignored, judiciary controlled by government politics ;no hope of justice without political influence ,involvement of The British government essential !

Wrong “economical” choice by KP ;led to delays of CC through the uncertain TMIB route ;re-known for lower damages as funded by insurance companies, whose self-interest is priority.

DAS had more than enough funds ,£75K to go “ through civil courts route” filed in the 3rd year -2013 -that would have taken 3-4 years to year 2017 to reach verdict; our damages claim would’ve resolved 7 years ago in 2017.

IN SPITE OF OUR REPETETIVE PROTESTS TO DAS ,IM AND KP FOR UNACCEPTABLE DELAYS ,KP’S FEES PRE-PAID IN ADVANCE 07/2015 SUBMITTED CLAIM TO TMIB ,TWO YEARS LATER ON 06/04/2017 HAVİNG GIVEN THE CHANCE TO THE SYSTEM FULL COVER UP, FAILED IN THEIR TASK

As We battled for years with “systematic injustice” in Turkey ,so DAS’s wrong choice can “spoil it all”

14 years since we buried our son ,8 years since we gave POA to KP ,pathetic that All parties are awaiting for us to “Pass away” ,so “shelved Appeal files” can be forever closed !

Unless the influence of The British Government is utilised ;and Legal advice team advises on Supreme Court Appeal, DAS and their agents have failed ,did not take “required legal action” with cost concerns ,did not make a timely decision. Not one but Two Legal Expenses Insurance policies ;mis-directed ,£75K funds mis-used ,so all ours,policyholder’s loss!

Killer of our son, blood line culled, quality of life and health destroyed.K&P came up with an alternative “economical route,” “through The TMIB. We objected to this new route, to the delays with filing Claim and emailed to all ,our advocates advice; “through TMIB route would not serve our best interests” TMIB is funded by Insurance Companies ,who delay ,minimise claim amount.

Its more exposed to “system” internal /external influences in contrast to the Courts..TMIB route is “last resort” for claimants who wish to claim damages but can not afford to pay legal fees.!

KP not happy with our objection to their promoted TMIB proposal further delayed filing Claim from May to mid-July ,past the “armed coup attempt” of 15/07/2016 ,when the state was in turmoil, the judiciary came under control of the executive. KP were well aware of the pressures in the judiciary, unable to cope with court applications .The political system’s failures to deal with these injustice emergencies ,KP pre-occupied us with enquiries ; Bertan’s ID ,”funeral expenses”bill -demand ;how insensitive, we replied “leave it out of claim”. New issued raised , if Bertan had a Turkish ID so TMIB can pay lower damages. Then contrast with UK Uni.graduate IT earnings.

. We suggested advice from Brunel Uni. ,Bertan achieved 8 IT subjects with distinction was accepted to study IT ;we promised to donate part of the CC amount in his memory ,so would have helped with this “UK earnings issue” ! UK professionals were appointed /paid. Professionals hired,paid for this. We had initially in 2010 posted Bertan’s Birth , Death Cert. ,School Reports to IM

We were Bewildered at KP’s lack of “ethics, standards” ;their comment “ to us as parents ;”the higher the settlement amount” , if you can prove the trauma ,stres you felt is deeper ,the higher damages settlement amount we can get” for you ! How unprofessional ,unethical and lacking in empathy ?

Any parent would find this attitude extremely demeaning life ; value a life on intensity of grief is immoral judgement ; to suffer a child’s loss ,unethical KP should have seen the systematic “cover-up” efforts in two Case Files ! Knowingly jeopardising our interests as clients ! We should have asked for disclosure, questioning their own experts motives as “politically motivated”!

Another fiasco in the KP’s misconduct ,”expert’s advice” suggesting Bertan was guilty ,in email of 23/03/2015 to IM ;their expert report claiming “ Accused has no fault”, their own negative opinion!

How can a law firm protect their own clients best interests if they forget their “duty of care”?

KP prioritised their own interests by “Towing the system line”, betraying our trust claim made by accused’s female advocate !2nd expert says “Bertan has genuine fault” such one-sided assessment that ignored “police mis-use of authority, being charged for “cover-up”, the Autopsy Report of the surgeon “on hippocratic oath” reporting Bertan’s gender as “female” with the photo of his manhood,genitals above. How disrespectful ,unprofessional ,prejudiced ,misleading and irregular, lacking in human values ? Same negatives,creating information to support the accused; negligent in their obligation to clients to consider the full facts in client’s two files ? Not promoting the interests of clients ,even detrimental to clients case!!

“accused’s supporter police mob” ,system influence ,poisoned everyone involved ,with us being monitored by accused’s mobsters in the system !

Hence solid evidence that KP were “the wrong agents” to trust with “damages” claim especially after their alternative TMIB route ,that served their own interests and fatally failed in their duties

to us as clients!

How can KP protect our interests ,with such prejudice sat themselves as “judge and jury”,ignore the “guilty court verdict”and claim “murderer” is not to blame for the accident.Knowingly and recklessly misleading and deceiving the other parties involved in conveying negatives in advance for their lack of performance ,proved with KP’s failed “3 month promise”for results.

After the coup of 07/2016 our criminal lawyer had chosen to “tow the official line”for their own benefit ! DAS ,IM agreed to pre-pay all of KP’s EU level Legal Fees of €192 p/h, 200 +hours Total €42K We objected as this prepayment was very high by Turkish Bar Level of Fees. Court had levied 1800TL ,minimum wage level ,for the accused to pay our legal fees !

Pre-payment of fees to KP (last 8 years invested ,may be earning interest.)was not “results oriented” ;the “promised 3 month settlement” 8 years on was optimistic !

DAS ,IM and KP emailed their choice ;economical route through TMIB

“Not through the courts” as legals advised ,not what we had been led to believe for years.

We pointed out to DAS and IM Legal Fees in Turkey are 1/5th of UK ;plus we had another advantage ;Court Fees are lower for Turkish Cypriots ,same as locals. Not even considered by KP !

After our POA were obtained by KP ;we’re waiting for news that CC been filed through the Courts ,

long delay ;as DAS ,IM not only postponed Civil action until after the final verdict; had now instructed KP admitted they were instructed to wait ,would not take our instructions.

Another 6 months later nothing had happened,we were not even informed about developments. “Forgotten “!!

Accused found guilty ,sentenced to 25 months imprisonment, reduced by 6 months for “Good behaviour” !!and postponed for 5 years as he had a young family ! All the Court’s empathy ,sympathy for the criminal , plus the Very “Lenient” sentence .