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HÜRRİYET Newspaper – December the 12th 2011
Emre Bahcivan, who went to Canada for university education, asked his mother Muesser Bahcivan in Ankara for his high school graduation certificate. Mother Bahcivan sent the document to her son on 21 March 2001 from the Mesa
branch of General Directorate of Post and Telegraph Organisation (PTT) with APS receipt number 2999. However, the document and the letter were lost. The mother applied to the PTT for compensation for her son’s alleged victimisation and was told, ‘We will pay you 90 Turkish Lira’. The family took the matter to the
judiciary and consulted lawyer Erendiz Onal. Onal filed a lawsuit against PTT in 2002 for 100 thousand Turkish lira for material and moral damages, which was rejected by Ankara 17th Civil Court of First Instance on 22 February 2006.
10 YEARS OF STRUGGLE
Lawyer Onal, who had the State Railways sentenced to compensation for the delay, appealed the decision. On 11 February 2008, the 11th Civil Chamber of the Court of Cassation reversed the decision of the local court with the
ruling that ‘the damages should be compensated’. Thereupon, on 12 February 2009, the local court sentenced PTT to 9 thousand 77 US dollars in financial compensation and 3 thousand Turkish Liras in non-pecuniary damages to compensate for Bahcivan’s sorrow due to starting school one year late. The court also ruled that the compensation would bear legal interest from 2001 onwards.
PTT OBJECTED
However, this decision was also appealed by the PTT’s lawyers. The 11th Civil Chamber of the Court of Cassation upheld the decision of the local court on 31 March 2011. This time, PTT’s lawyers appealed the decision. However, the 11th Civil Chamber of the Court of Cassation upheld the decision again on 23 September 2011 and imposed a fine of 185 TL on PTT for unjustly requesting a correction of the decision. Lawyer Önal collected 47.812 Turkish lira with legal interest from PTT on 1 November 2011.
