My objection to the Republic of Turkey Istanbul Anatolian Chief Prosecutor's Office File No 2023/280089 Decision No 132398

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By Mehmet Kurtkaya
Mehmet Kurtkaya - Telegram
X /Twitter @mkurtkaya

October 12, 2024

Translated into English by DeepSeek AI from China. i made some corrections. I was notified of the decision below on September 30, 2024 by postal mail. I had filed a complaint with two different District Attorney Offices on December 1, 2023 because I was told at the DA office that I needed to file the case against public officials and private persons separately. The prosecution of public officials is subject to the approval of the Minister of Interior.

Objection Petition

This is my objection to the Republic of Turkey Istanbul Anatolian Chief Prosecutor's Office File No 2023/280089 Decision No 132398.

Date: October 8, 2024

Upon my criminal complaint dated December 1, 2023, the Istanbul Anatolian Chief Prosecutor's Office started an investigation and asked for permission from the Minister of Interior for prosecution based on preliminary investigation. The Interior Minister, however, has not allowed an investigation against the former Mayor of Kadikoy (a major Istanbul district), Serdil Dara Odabasi, and his employees. The Prosecutor's Office, based on the unlawful decision of the Minister of Interior, has stated that there is no ground for prosecution. Both decisions are contrary to the law. The Evidence File is attached. It includes the Official Municipality Report and Municipality Correspondence.

The AI summary of my objection is below as the introduction section of my objection petition. When I had uploaded my petition and asked for a review, DeepSeek AI, a Chinese People's Republic company, had proposed to summarize my objection to which I agreed. The continuation of the summary contains the details and evidence of the objection petition that I wrote myself, item by item. My objection is a whole as the summary below and the main text that follows.

1. Representation and Notification Issues:

  • I had personally filed a criminal complaint, but the Prosecutor's Office letter states that the notification was made to my representative by the Ministry of Interior.
  • I did not receive any notification, nor was I informed about the notification. Therefore, I could not object to the Ministry of Interior.
  • The Chief Prosecutor's Office made the notification to me at my home address, the Ministry of Interior should have also notified me in the same manner.

2. New Evidence and Ground for Objection:

  • The Prosecutor's Office should have objected to the decision based on the existing evidence.
  • In light of new evidence (items 8, 9, 10, 11), it should either object to the decision or make a new application to the Interior Ministry.

3. Concrete Crime Allegations:

  • My crime allegations are based on the official report of the Kadikoy Municipality and its correspondence with me.
  • The crimes committed by the Municipality are proven with written documents.

4. Misuse of Public Office:

  • The consequences of the Municipality's misuse of public office are legally and factually (de facto) ongoing.
  • According to the Municipality's report, it is mandatory to obtain a university report for the occupancy of the building.

5. Need for Intervention by Authorities:

  • The Municipality's failure to take legal action despite the owners not obtaining the report is a matter that requires intervention for public safety.

6. International Agreements and Constitutional Rights:

  • Ensuring my safety, housing, and property rights take precedence over local laws.
  • Eliminating the ongoing safety risk is a legal and humanitarian necessity.

7. Municipality Actions:

  • The crime of misuse of public office by the Kadikoy Municipality has been carried out in three stages over a 10-month period with a total of 22 different actions.
  • Some of these actions, on their own, are sufficient to prove the crime.

8. University Report Requirement:

  • The Municipality has made the University report, including building tests and structural investigations, a condition for occupancy/residence.
  • The Municipality's failure to take legal action is misuse of public office.

9. Official Closure of my Complaint Case with the Municipality:

  • The Kadikoy Municipality has not legally concluded my application.
  • The Municipality concealed the official report from me and closed the file by writing me that there was no crack in the column, contrary to the official report.

10. Cover-Up Process:

  • The Municipality's cover-up process includes 22 actions and is extraordinarily persistent in the crime.
  • The cover-up has been carried out in three stages, one after another.

11. Additional Crime Allegations:

  • There were illegal constructions in 6 out of 11 apartments, and the Municipality did not take action against one of them.
  • The illegal construction in apartment number 3, despite my oral and written complaints to the Municipality for 1.5 years, is still in place.


The above text is only the end of the summary of my objection petition, which was completely prepared by artificial intelligence for the sake of easye of reading and is part of my objection petition. The main text of my objection petition which I wrote is below.
Republic of Turkey Istanbul Anatolian Prosecutor's Office File No 2023/280089 Decision No 132398 Objection Petition Continuation, the main text following the summary


1- I did not apply to the Prosecutor's Office with a lawyer, I personally applied. The Prosecutor's Office letter states that the notification was made to my representative. I do not know why a proxy is mentioned and to whom the Ministry of Interior made the notification, but I did not receive any notification, nor was I informed about the notification. Therefore, I could not object to the Ministry of Interior. The Prosecutor's Office should have objected to the Ministry of Interior on the grounds that my criminal complaint was filed personally and the notification should have been made to me.

Additionally, if the representative mentioned in the letter is Serkan Dincol, I would like to inform you that he had previously handled my case years ago, and his fee was paid by my sister Zeynep Kurtkaya Kayalioglu because she wanted to open the case herself. Serkan Din?ol, months before I applied to the Municipality in 2022, when I told him about the situation in the building and asked him to handle my case, refused to take on a new case and directed me to another lawyer, with whom I did not work. Therefore, lawyer Serkan Dincol does not have a capaacity to represent me. I do not know who is referred to as a representative. I did not receive any notification or notification information, so I do not know why the Minister of Interior did not allow the investigation to go forward.

However, I repeat, the notification should have been made to me as the applicant, as the Prosecutor's Office made the notification to me and I received it.

2- The Prosecutor's Office should have objected to the decision based on the existing evidence. The reasons are written below.

Additionally, in light of new evidence (items 8, 9, 10, 11), it should either object to the decision or make a new application to the Minister of Interior.

3- My crime allegations are completely concrete, because they are based on the official report of the Kadikoy Municipality and Municipality's correspondence with me.

The Kadikoy Municipality Building Report, which was concealed for months, evident when compared with the letters written to me by the Municipality, proves the crimes committed by the Municipality with written documents, without the need for anyone's testimony or statement.

Additionally, when the letters written to me by the Municipality are compared with each other, contradictions, lies, and malicious intent are clearly evident without leaving any room for doubt.

4- The consequences of the Municipality's misuse of public office are legally and factually ongoing.

In the official report of the Kadikoy Municipality, it is written that there is doubt about the building's load-bearing system and that a decision will be made based on the University Building Performance Report, which includes mandatory tests, within one month. Otherwise, the Municipality will take action according to the Zoning Law within one month.

The fact that the owners and the apartment management have not obtained the required report and the Municipality has not taken legal action is indisputably is creating a safety risk for those living there and for the public, a fact resulting directly from the official report. In other words, the crime of misuse of public office has created a factual situation that directly affects my safety, the residents' and the neighborhood's safety, i.e., public safety, and this is an indisputable fact.

5- Seeing that the owners have not obtained the university report required for the building's occupancy within one month and the Municipality has not taken legal action, the authorities (Kadikoy Municipality, Ministry of Justice, Ministry of Interior) had to intervene for public safety.

6- My rights to ensure my safety, housing, and property, derived from the International Agreements that the Republic of Turkey is a party to and the Constitution, take precedence over local laws. In other words, eliminating the ongoing safety risk was a legal and humanitarian necessity. This necessity is still ongoing.

For the reasons mentioned above, an investigation should have been initiated upon my complaint. By not doing so, my most fundamental Human Rights derived from International Agreements have been violated and this situation is still ongoing.

Because I am honest and conscientious, I cannot sell my share in the apartment I live in, I cannot rent it out, i.e., my property rights have been practically taken away from me.

7- The crime of misuse of public office by the Kadikoy Municipality has been carried out in three stages over a 10-month period with a total of 22 different actions. Some of these actions alone are sufficient to prove the crime. The written evidence for each item is listed below.

One month after the Kahramanmaras earthquake, on March 8, 2023, I applied to the Kadikoy Municipality by providing the link to my website where I had published my allegations that an illegal structure had been established in our building, there were illegal constructions, and the apartment management had concealed a column crack. These allegations of mine have been fully proven by the Municipality.

In the Kadikoy Municipality Official Report dated March 21, 2023, it was written that there was doubt about the building's load-bearing system due to a pipe passing through one column and a beam being removed from another column in the basement common area managed by the apartment management. According to the report, it is mandatory for the apartment owners to urgently obtain a University report within one month, including building performance inspections; otherwise, legal action will be taken according to the Zoning Law.

The building is 47 years old, made of sea sand concrete, and is located in one of Istanbul's most dangerous areas according to the reports of the Istanbul Metropolitan Municipality.

The one-month period given to the apartment owners has already been exceeded by 18 months, and each passing day means additional earthquake risk, a scientific, indisputable, and certain fact.

8- The Municipality has made the University report, including inspections and investigations, a condition for occupancy/residence. There is no other legal option; the Kadikoy Municipality must comply with its own official report, otherwise, its actions constitute misuse of public office, endangering the lives of those in the building and public safety. Either the apartment owners and management will obtain the university report or the Municipality will take legal action.

9- Despite the passage of one and a half years, the Kadikoy Municipality has not legally concluded my application, because when the Municipality terminated my application with the Building Control Department and Call Center letters dated May 25, 2023, it concealed the official report from me and closed the file by writing that there was no column crack, contrary to the official report. Despite my persistent efforts, the Municipality has not provided me with any explanation regarding these lies. The concealed building report was sent to me one month after the final conclusion of my application, only after I sent a warning letter dated June 14, 2023, to ?zlem Yaman and Hakan Gencata.

After the report came to light, the Kadikoy Municipality informed me via email on July 17, 2023, that it had notified the report to the apartment. This is the last letter I received from the Municipality. However, it did not provide me with any information about the notification result via email or notification, nor did it respond to many tweets I sent on Twitter/X. So, my application has not been officially concluded yet. This is also misuse of public office because I requested information/clarification based on their own official reports. The Municipality is liable to me both because I am the person who made the application and because my complaint directly proved the apartment owners' and management's violations of the Condominium and Zoning Laws with the Municipality's report and the committee's decision. Despite documenting the violations of the Zoning and Condominium Laws by the apartment owners and management, the Municipality continued to cooperate with the apartment management instead of informing me as the complainant. Moreover, when I applied on March 8, 2023, I stated that "an illegal structure has been established in the building, there is a cracked column, and illegal constructions are not being investigated," and I sent the link to my website where I wrote this. The Kadikoy Municipality has committed a crime in plain sight.

10- The Municipality's cover-up process includes 22 actions and is extraordinarily persistent in the crime. The cover-up has been carried out in three stages, one after another. Moreover, despite informing them in my application message and subsequent correspondence that I was documenting all developments on my website, they did so.

The report dated March 21, 2023, which was required to be sent within one month and concerns earthquake/safety, was concealed from me despite my written requests to different people and departments in the Municipality on 10 different dates over 3.5 months. And this is the first stage of the cover-up.

Another complaint of mine was that there were enlarged apartments with illegal constructions in the building. Although the Municipality Building Control unit detected illegal construction enlargements in 5 out of 11 apartments during its inspection on April 6, 2023, it did not prepare a report for months. The Building Control inspector ?smail, who said he would send the documents to the prosecutor's office during the inspection, did not send the documents to the prosecutor's office.

The second stage of the cover-up was carried out after the concealed report came to light. The Municipality demolished the illegal constructions in 5 apartments, but despite notifying the report to the apartment, it did not take legal action against the building that did not obtain the university report within one month.

The third stage of the cover-up is still ongoing and the most dangerous. It is the process that continues after my crime notification to the prosecutor and the prosecutor's completely unlawful decision of non-prosecution. The apartment management announced that it had made an unspecified renovation with the Municipality without informing the apartment owners and without obtaining their approval. There is no such option as renovation in the official report, only reinforcement. Reinforcement is also contingent on obtaining the Building Performance report. This is clearly written in the official report. Moreover, the report clearly states that a reinforcement permit must be obtained. There is no such permit. If the doubt about the building's load-bearing system could be eliminated with a few thousand lira renovation, there would be no need for the previous cover-ups. This final cover-up is the most dangerous because it is done to avoid obtaining the university report required for the building's occupancy/residence and gives a false sense of security. Apartment sales and rental transactions are being carried out in this building.

The report is very clear; no expert or technical person is needed, knowing Turkish is enough. If the residents of the apartment have any objections to the Municipality's official report, the way is also clearly stated in the report: the Building Performance university report, which is mandatory to be obtained by the building within one month! Otherwise, the Municipality must take action according to the Zoning Law.

The residents have persistently not obtained the university report, and the Municipality has persistently not taken legal action. The one-month period has been exceeded by 18 months!

My allegations in my application letter to the Municipality that the apartment management concealed the column crack and there were illegal constructions in the building have been amply proven. I say amply because, thanks to the report, it has also come to light that the apartment management passed a pipe through one of the columns on the ground floor! What action has the Municipality taken regarding this, where is the document? The apartment management and the Municipality did not inform me.

11- Additionally, there were illegal constructions in 6 out of 11 apartments, and the Municipality did not take action against one of them. The illegal construction in apartment number 3, despite my oral and written complaints to the Municipality (April 6, 2023) for 1.5 years, is still in place. This is also additional misuse of public office.

Item-by-Item Actions of the Kadikoy Municipality Misusing Public Office:


Over a 10-month period, in three stages, a total of 22 actions have been proven with written documents and the official report.

FIRST STAGE OF COVER-UP: MISUSE OF PUBLIC OFFICE, TOTAL 18 MISUSE OF PUBLIC OFFICE ACTIONS

1- The official building report prepared by the HONEST ENGINEERS of the Kadikoy Municipality dated March 21, 2023, demands that the apartment owners urgently obtain a university report within one month; otherwise, legal action will be taken according to the Zoning Law. That is, the Municipality was obliged to notify the apartment within one month. It did not. (1 action)

2- Between the date of the inspection, March 21, 2023, and the termination of my application, May 25, 2023, despite my asking for the report a total of 7 times on 7 different dates to the personnel and director of the Kadikoy Municipality Call Center, Zoning and Urbanism Department, and Building Control Department, they did not write a response 5 times. The Building Control and Call Center asked for the address twice to make a new inspection. When I wrote to them that the inspection had already been done and asked for the report, they did not write back. - Total 7 actions.

3- On May 25, 2023, the Building Control Department, despite not conducting an inspection on the spot (because the inspection was conducted by the Zoning and Urbanism Department), wrote as if it had conducted the inspection (1 action), terminated my application by lying that there was no column crack (1 action), and did not send the official report to me. Because the Kadikoy Municipality completely concealed the report, it concealed the fact that the apartment management passed a pipe through one column, there was doubt about the building's load-bearing system, a university report was required within one month for the building's occupancy decision, and the apartment management violated the Condominium and Zoning Laws (1 action). - Total 3 actions.

4- This result contradicts the statements of the inspectors who conducted the inspection, who said that a beam had been removed from a column and that a notification would be made. When I wrote to the Building Control Department about this, they did not respond, but the next day, the authorized person from the Zoning and Urbanism Department, which prepared the report, replied to me. I wrote to them three times that the Building Control is suspicious and that an internal audit (administrative investigation) should be conducted by the Municipality, but I did not receive a result. (1 action) Although the report was written by their own department, they did not send it and asked for my address again, which I did not provide. (1 action)

As the unit that prepared the report, the Kadikoy Municipality Zoning and Urbanism Department was obliged to make the notification. We know this from the statement at the bottom of the report by the construction senior engineer Erdem Kocabey, who prepared the report, that you can contact me for any questions regarding the report, and from the internal correspondence sent by the Building Control to the Zoning and Urbanism Department. Even after my objection to the Municipality's lie that there was no column crack, despite three different emails, the Zoning and Urbanism Department did not send me the report. (1 action) - Total 3 misuse of public office actions.

5- One of the apartments that the Municipality had detected to be enlarged with illegal construction, a week after my application was concluded with a cover-up, when it was put up for sale, I took a photo of it and posted it on my website, sending the link to ?zlem Yaman and Hakan Gencata from the Zoning and Urbanism Department via email, and wrote, "if the apartment is sold in this condition, the Kadikoy Municipality is responsible." Two days later, the Zoning and Urbanism Department sent the report to me (1 action), but to the Building Control Department on June 16, 2023, whom I had previously warned three times that they were suspicious. Although I did not provide them with the address again, they sent the report because it was already their department's report. The reason for repeatedly asking for my address despite asking for the report remains unclear. Eight days later, on June 22, 2023, the Building Control had prepared an official report regarding the illegal constructions detected on April 6, 2023. That is, the Building Control had notified the apartments without preparing an official report (1 action). The Zoning and Urbanism Department sent the report to me via email on July 5, 2023. The Building Control, one month and one day after receiving the report from the Zoning and Urbanism Department, on July 17, 2023, sent the report to me via email and wrote that the notification had been made to the apartment. The Building Control should have sent the report within one month because the report gave the building one month. (1 action) -Total 3 actions.

6- Illegal sections in 5 out of 11 apartments enlarged with illegal construction in the building have been demolished, but despite my oral and written complaints with photos to the inspectors who came and to the Call Center on April 6, 2023, the Municipality has not taken action against one of the apartments enlarged with illegal construction. The current situation continues, and the apartment is being rented out in this condition. That is, the Municipality has demolished 5 out of 6 apartments with illegal construction. -Total 1 action.

SECOND STAGE OF COVER-UP: TOTAL 1 MISUSE OF PUBLIC OFFICE ACTION

6- The new Building Control Chief informed me via email that the report was sent to the building with a notification on July 17, 2023. The previous chief was Feyza Baykara, the new one is Kemal H??man. However, despite the building not providing the university report within one month, the Municipality did not take the mandatory legal action within one month and still does not. The Municipality demolished 5 out of 6 illegal constructions in the 6 apartments in the building at the end of September 2023 and the beginning of October 2023. Despite the Municipality officials coming and going to the building and the building not obtaining the university report, the Municipality did not take legal action. In short, forgetfulness, mistake, etc., cannot be considered. They had already covered up before, this is the second one.

THIRD STAGE OF COVER-UP: STILL ONGOING. TOTAL 3 MISUSE OF PUBLIC OFFICE ACTIONS

I have been waiting for the apartment management (since 2020) and the Municipality to comply with the law for years.

After repeatedly requesting an administrative investigation from the Municipality and not receiving a response, I filed a criminal complaint against the Municipality, the residents of the apartment, and the apartment management on December 1, 2023. I learned on December 11 that a guardianship case had been filed against me on the next business day, December 4, through a police visit. Later, I learned about the prosecutor's completely unlawful decision of non-prosecution dated December 8, the same day a guardianship case was opened against me. The prosecutor first wrote flippantly, then many of my allegations require an administrative investigation, and then completely abstract and flippant. He used completely contradictory expressions, and despite the official report and dozens of pages of Municipality letters, he called my allegations abstract.

Although I wrote in my statement and petition that "I have complaints against the Municipality" and documented this with written evidence, he said that an investigation should be opened, but it requires an administrative investigation. Since I did not receive a response to my requests for an administrative investigation, I had applied to the prosecutor, which I also stated in my statement and petition and with the evidence attached. The prosecutor cannot legally redirect me to the Municipality again. Moreover, the Municipality did not even provide an explanation to me due to the cover-up. Also, after the decision of non-prosecution, the Municipality made a second notification to the building without mentioning the first one. In short, the Municipality's failure to take legal action within the one-month period and the prosecutor's decision of non-prosecution being completely unlawful has been proven by the Municipality.

On December 19, 2023, the Municipality made a second notification to the apartment without mentioning the first one. The apartment management also did not inform me and the residents of the apartment about this notification. Instead, they talked to the Municipality, had an unspecified renovation done for a few thousand lira, provided a letter explaining the renovation to the Municipality, which apparently accepted it. The apartment management had the alleged renovation done without informing in advance and without obtaining the approval of the apartment owners on a vital issue like the building's load-bearing system. And they announced this to me and the residents of the apartment in the apartment WhatsApp group with a done-and-finished statement. Additionally, they wrote that they had received the notification for the first time, while the Municipality had informed me that they had made the notification on July 17, 2023. The residents of the apartment gathered in March 2024 and extended the term of the management, which was fixed with the Municipality's report, for one year. 8 out of 11 apartments approved this unlawful decision. They also decided to open an enforcement case against me. Notary Tulay Cihangir and Lawyer Birsen Malkoc did not sign the decision but paid for the alleged renovation, which was undocumented and of unspecified nature, completely contrary to the report.

The apartment management did not inform the residents of the apartment in the WhatsApp group about receiving the notification. Normally, after receiving the notification, the apartment should have been informed and a meeting of the apartment owners should have been held. The WhatsApp group was created at my request, and all announcements, including dues, are made here.

This is an indisputable evidence that the Municipality and the apartment owners are acting unlawfully together. Even though it is a cover-up, announcing that they had a renovation done is tantamount to confessing to the crime, which they did not do for months before I filed a complaint with the prosecutor. That is, they have acknowledged that they were obliged to take an action but did not, which is an admission of misuse of public office.

Additionally, the Municipality cannot accept any renovation because the report is very clear: first, a university report will be obtained because there is doubt about the building's load-bearing system, and if it is decided that reinforcement can be done based on the report, a reinforcement permit will be obtained and the reinforcement work will be done accordingly. That is, the Municipality has committed the crime of misuse of public office by not complying with its own report. This is the most dangerous cover-up because the apartment management made a done-and-finished announcement with a lie that the problem was solved without informing the residents of the building. There is also no reinforcement permit.

Obtaining a university report and conducting inspections and tests for the building is a condition of the report. This is clearly stated in the additional letter sent to the apartment by the Municipality. Not only in the report but also in the additional notification letter attached to the report. Despite the conditions for inspections and tests not being met, the Municipality continued to misuse public office by not taking legal action.

The Municipality did not respond to any of the messages I wrote on Twitter. They also did not respond to my emails. This situation continues during mayor Mesut Kosedagi presidency. (Total 3 actions)

Mehmet Hamit Kurtkaya

Mehmet Kurtkaya
X /Twitter @mkurtkaya
Mehmet Kurtkaya - Telegram

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