Response of the Court to the Decision of the Court of Haydarpaşa and Sirkeci

imamoglu's reaction to the court's decision against haydarpasa and sirkeci
imamoglu's reaction to the court's decision against haydarpasa and sirkeci

İBB President Ekrem İmamoğlu made statements about the rejection of the lawsuit they filed against Haydarpaşa and Sirkeci station's tender cancellation request.


Stating that they will continue their struggle on this issue, İmamoğlu emphasized that he felt shame on behalf of the public. "I believe that the decision, which is not beneficial for Istanbul, will come back from the Council of State," said İmamoğlu. We will follow our legal process to the end. We will never give up. I refer this process to the conscience of you, valuable Istanbulites. I would like to underline that such behavior refutes the public. ”

Istanbul Metropolitan Municipality (IMM) President Ekrem Imamoglu made statements regarding the rejection of the lawsuit they filed against the cancellation of the tender for Haydarpaşa and Sirkeci stations. Imamoglu started his statement by summarizing the tender process:

“As İBB, we also participated in the rental tender of TCDD regarding two areas of this ancient city that we saw as the pupil. If you remember; On October 4, 2019, TCDD opened a tender to lease approximately 29 thousand square meters of warehouse areas in Haydarpaşa and Sirkeci stations for use in Culture and Art Events. As İBB, we, Kültür A.Ş. As a joint venture group consisting of Medya A.Ş., Metro Istanbul and İSBAK A.Ş., we participated in the tender on behalf of you. These 4 affiliates are very strong affiliates. Because we believed that these historical places, which are memories of all of us, all of us, must be managed by Istanbulites. ”

“THE TENDER WAS GIVEN TO THE COMPANY WITH 10 THOUSAND TL OF CAPITAL FOR 3 YEARS”

"I said that the right to operate these two historical sites should be in IMM first, and that the legislation allowed such a transfer between the two public institutions before the tender was opened", but TCDD went on to tender despite all these words and requests. Envelopes were opened, proposals were evaluated and the tender was postponed for 15 days to be called to the second stage, which is a bargaining stage, with our joint venture group. But how interesting it is; Our joint venture group was not invited to negotiate due to what we would call 'absurd'. The use of these historical sites was given to a three-year company with a capital of 10 thousand liras and only 10 thousand liras. It is not clear who he is ”.

“WE WILL SEARCH THE RIGHT OF ISTANBUL AT THE CONSULTANT”

Stating that they started a legal struggle and brought the matter to the judiciary on behalf of the people of Istanbul, İmamoğlu said, “Istanbul 11th Administrative Court decided and announced its decision on this issue yesterday. He rejected our objection with a vote against the two. We are so sorry. We are very sorry for the law. Because our Istanbul in question, instead of using the two historical places in question for you; to be honest, I feel sorry to say, but to hand it over to someone who is completely political with the intentions that we believe to be and who will not use them properly. This decision has not gotten inside. Unfortunately, we believe that the judiciary has not made the right decision today. On behalf of you, each of us together; We will continue our struggle regarding two historical places full of memories for our mother and father. By moving the decision to the Council of State, we will look for the right of Istanbul there. ”

KARARA ŞERH KOYAN MADE A QUOTE FROM JUDGE

"We have good reasons," said Imamoglu, quoted court judge Adnan Koray Demirci, who made the annotation:

“Look, what does the judge who object to the decision, put an opposition comment, says in that comment? It says; 'There is a conflict between the declaration of the tender and the tender specifications regarding the qualification certificate of the companies that make up the consortium.' We said that. There was no indication in the tender announcement that companies need to submit a qualification document separately. Continues Mr. Judge; 'These contradictory rules prevent competition, equal treatment and reliability.' And as evidence for this, it also refers to four separate decisions of the Council of State in 2009, 2013, 2017 and newer last year. Şerhe writes that the Council of State counted the 'cancellation of transparency and competition in the tender' as the reason for the cancellation of the tender. See what I read in a nutshell. Mr. Hakim: 'It is clear that the ambiguity in the specification should be evaluated within the scope of the principles of transparency, competition, equality, market conditions and reliability due to the contradiction between the advertisement and the specification. Since the terms of the tender announcement and the specifications are not consistent, there is an ambiguity in the tender document. This is the reason for the violation of the principle of transparency and competition. That's why; Since there was no legal compliance in the establishment of the proceedings, the decision should be made in the direction of cancellation. For this reason, I was not able to participate in the cancellation decision. ' That's what Hakim Bey said. ”

“A TRAGICOMIC SITUATION”

"There was another reason for the tender commission to exclude our joint venture group from the tender by not calling the result stage of the tender," said İmamoğlu. It was a tragicomic situation. What was it? Let me remind you: Sir, the contract was written 'jointly and together' instead of the words 'several and mutual'. They justified this from the tender. I said that day; there can be no such reason. This is ridiculous. There is no explanation for this in mind. Look, both judges who rejected our objection did not deserve this justification of the tender commission either. Unfortunately, after the decision of the court, a company established with a capital of 10 thousand liras three years ago, by a former IMM employee, paved the way for operating historical stations. We will fight until the end. What kind of company you say; A company that made a capital increase of 1 million TL a few days before receiving the tender, without a website at that time. And again, a company where the executives met the minister with whom TCDD was affiliated. ”

"THESE STYLE BEHAVIORS DAMAGE THE PUBLIC"

Emphasizing that they will continue their struggle on this issue, İmamoğlu said, “We will continue to use the legal remedy. I am ashamed of the public. I believe that the decision, which is not beneficial for this Istanbul, will return from the Council of State. Do not doubt that we will continue to fight and beautify it together for our Istanbul. I underline that in these troubled days, this is a pioneering subject and that the explanation of this process is a state of shame and embarrassment on behalf of the public. We will follow our legal process to the end. We will never give up. We will be followers about the process. But at the same time, I am referring this process to the conscience of you, Istanbulites. I would like to underline that such behavior refutes the public. ”



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