Halkbank Appeals Court of Appeals Decision; Seeks Retrial

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Halkbank Appeals Court of Appeals Decision; Seeks Retrial

Halkbank, which is currently undergoing trial as a defendant in the Reza Zarrab case at the Southern District Court of New York, has appealed the Second Circuit Court of Appeals' decision on October 22, rejecting its request that it cannot be tried in the U.S. because it is a public bank owned by the Republic of Turkey. According to a report by Can Kamiloğlu, Halkbank, through its lawyers in the U.S., filed a petition with the court requesting a new hearing that would involve the participation of the entire prosecution and judicial panel for a retrial.

In the indictment announced in October 2019, Halkbank, added as a defendant in the Zarrab case, argued that it could not be tried in the U.S. under the Foreign Sovereign Immunities Act (FSIA). Following the rejection of Halkbank’s application to the U.S. Supreme Court, the matter was referred to the Second Circuit Court of Appeals to assess whether it could be tried in America according to case law.

In its latest 67-page petition submitted to the court, Halkbank contended that the panel's decision constituted "a clear legal error" and was "contrary to the decisions made by the executive branch." Furthermore, it was claimed that the panel misinterpreted case law and that the ruling represented an overt interference with the powers of the executive.