The case that will go down in Turkish history: He placed 144 thousand euros in his private area! Here is the court decision

A case that will go down in the history of Turkish law has been concluded. The 144 thousand euros that Salah Mennaoui, a jeweler in Algeria, smuggled into Türkiye by placing them in his private area became the subject of a legal battle. Salah Mennaoui, an Algerian citizen born in 1951, had 288 500 and two 100 euro notes placed in his private area by a doctor in his country.

Mennaoui, who resorted to this method because there is a reporting requirement for amounts over 7,500 euros in Algeria, entered the country from Istanbul Airport on July 5, 2017. After checking into the hotel in Fatih, Mennaoui went to a private hospital in Bakırköy after he was unable to remove the money naturally. Exactly 144,200 euros were removed from Mennaoui's body with surgical intervention and with his own consent. Doctors who found the money in the form of rolls wrapped in gelatin in Mennaoui's private area reported it to the police, and Mennaoui was taken into custody. A judicial investigation was launched by the Bakırköy Public Prosecutor's Office.

"I BUY GOLD AND TEXTILE PRODUCTS"

Salah Mennaoui, who was questioned by the police, said he would return to his country after buying gold with the money. Mennaoui said, "I do gold and textile business. I have a jewelry store. I go to Türkiye often. Every time I come, I bring about 50 thousand euros. I buy gold and textile products in Türkiye with this money. This time I wanted to buy a large amount of gold."

THE MONEY WAS CONFISCATED AND THE PROSECUTOR'S OFFICE GIVEN A DISCONTINUED PROSECUTION

The Istanbul Criminal Court of Peace on Duty seized the money within the scope of the crime of Violating the Anti-Smuggling Law. The Bakırköy Chief Public Prosecutor's Office concluded the investigation with a non-prosecution on December 13, 2017, considering that bringing money from abroad was not prohibited, and sent the file to the Istanbul Chief Public Prosecutor's Office. The Istanbul Chief Public Prosecutor's Office also concluded the investigation with a non-prosecution on November 17, 2020, 3 years after the incident.

THE MONEY WAS RETURNED BUT IT WAS BLOODY

The money was returned to Salah Mennaoui. However, the big problem started after this point. Because the euro banknotes were bloody and distorted since they were removed from the tourist's body. In addition, the money was deprived of the legal interest that would have been accrued during the 3 years it was confiscated. For this reason, Mennaoui filed a lawsuit against the Ministry of Treasury and Finance of the Republic of Turkey for the seizure of 500 thousand lira and 100 thousand lira in non-pecuniary damages.

REJECTION FROM LOCAL COURT AND APPEAL: "HER OWN FAULT"

The case was heard at the Istanbul High Criminal Court. The court rejected the compensation claim on the grounds that "the plaintiff was at fault for the damage to the money." The decision was also approved by the Istanbul Regional Court of Justice Criminal Chamber.

INTERESTING DECISION FROM THE COURT OF APPEALS: THE STATE SHOULD PAY THE MONEY

The case file was brought to the 12th Criminal Chamber of the Supreme Court of Appeals. The Supreme Court of Appeals overturned the decisions of the lower courts and ruled that the plaintiff be compensated for the damages he suffered. The decision stated that the damages arising from the interventions made for security reasons should be covered by the state.

YOU WILL RECEIVE INTEREST AND COMPENSATION

The final decision was made in the case filed by a tourist who brought money into Türkiye using an unusual method. The Court of Cassation ruled that the state should pay for the damages arising from the physical condition of the money. It was stated that the total compensation of 600 thousand liras and the legal interest that should be applied during the period the money was seized should be calculated by an expert and paid to Mennaoui. This decision was recorded as one of the rare examples seen in the Turkish judiciary to date.

Source: Sabah