Tuesday, November 22, 2022

TURKEY FLOODS THE U.S. SUPREME COURT WITH AMUCUS CURIAE BRIEFS IN SUPPORT OF THE HALKBANK FOREIGN SOVEREIGN IMMUNITY CASE


Main DocumentCertificate of Word CountProof of Service
Nov 21 2022Amicus brief of Republic of Azerbaijan, Islamic State of Pakistan, and State of Qatar submitted.
Main DocumentCertificate of Word CountProof of Service
Nov 21 2022Amicus brief of Professors Ingrid (Wuerth) Brunk and William S. Dodge submitted.
Main DocumentCertificate of Word CountProof of Service
Nov 21 2022Amicus brief of Lord Daniel Brennan KC submitted.
Main DocumentCertificate of Word CountProof of Service
Nov 21 2022Amicus brief of Republic of Türkiye submitted.
Main DocumentCertificate of Word CountProof of Service

Several Amicus Curiae (Friend of the Court) briefs have been submitted, in support of the Turkish government-owned HALKBANK's pending Certiorari Petition. Considering that they all appear to have been filed on the same date, the logical conclusion is that they are part of a concerted effort by Turkey to convince the High Court that the Commercial Activities Exception to the Foreign Sovereign Immunities Act is either not applicable, or should be disregarded, in their consideration of whether to hold that the bank is, or is not, immune from criminal prosecution.

The Amicus brief of the Republic of Turkey, which we find representative of the parties' positions makes these points:

(1) Halkbank was created to fulfill a Constitutional mandate and cary out sovereign functions.

(2) Turkey is Halkbank's owner, and controls the bank.

(3) Turkey has always owned Halkbank

(4) Turkey directs the management of Halkbank.

(5) Turkey does not prosecute foreign sovereigns.



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