Michael RUBİN

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    T.C.

    İSTANBUL

    1.SULH CEZA HAKİMLİĞİ

     DEĞİŞİK İŞ KARAR

    DEĞİŞİK İŞ NO: 2019/2267 O.İş                                                                                                                                                                                            

    HAKİM :Zafer DAŞKIN 153128 

    KATİP : Yusuf Kenan YABANTAĞ 229062

    TALEP EDEN : SADAT Uluslar Arası Savunma Danışmanlık İnş. San. ve Tic. A.ş

    VEKİLİ: Av. Ahmet Cengiz Tangören - Av. Ahrnet Taylan

    KARŞI TARAF : www.twitter.com

    TALEP: Erişimin Engellenmesi Talebi

    TALEP TARİHİ: 25/04/2019

    KARAR TARİHİ: 25/04/2019

     

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    1. The US citizen and pentagon officer Michael RUBIN published through his Twitter account https://twitter.com/mrubin1971 statements and accusations that are far from the facts and contain insults and slanders far from reality, with the intention of offending personal rights and defaming the commercial reputation that targets Society and public opinion, headed by the President of the Republic of Turkey, Recep Tayyip Erdoğan, legitimate government, and my client known by its short name SADAT, International Defense Consulting Construction Industry and Trade Contribution.
    2. SADAT International Defense Consulting Construction Industry and Trade Contribution, known as SADAT in short, is established and operates in accordance with the provisions of the Turkish Commercial Code and operates according to the law. Its founders, partners and employees are legally respectful and immaculate history. There is no single suspicious activity to be illegal, even as a legal person or individuals. SADAT is infallible from any unsightly, unsupported imputation. All activities of the client company are under the law under the Turkish Commercial Code and other legal regulations, under which all entities of the state are examined and a commercial entity without a legitimate, transparent, covert business without any lawless conduct.
    3. Therefore, the subject of the request account via the link https://twitter.com/mrubin1971 in which harsh words were used against the client company without researching facts and without actually knowing about it, and it is obvious that it contains lies, errors, insults, and statements with the purpose of slander, as part of the campaign Intentional defamation that seriously harms the business reputation and personal rights of the company.
    4. Matter on request, from a twitter account with the extension https://twitter.com/mrubin1971 ;
      • Michael Rubin verified account  @mrubin1971 9 Apr ‘’I wonder, if Erdoğan steals the Istanbul election and protests begin, SADAT will shoot at crowds and kill innocent people and blame Erdogan's foes as before.” #Turkey      #Istanbul #TurkeyElections^^
      • Michael Rubin verified account @mrubin1971 21 Oct 2018 ‘’Erdoğan promised to explain what happened to Khashoggi. I wonder if he will explain what really happened during the coup. For example, what was SADAT doing, or who actually killed civilians? “
      • Michael Rubin verified account  @mrubin1971 28 Jul  2017 "If retired, would Perincek disclose the murders committed by SADAT during the coup? Or is he making his own coup?”
      • Michael Rubin  Verified account @mrubin1971 26 Dec 2017 ‘’Erdoğan should be honestly found about the guarantees given to civilians in the last Decree-Law out. As such, he is legalizing death teams and confirms that SADAT is a terrorist organization.
      • Michael Rubin Verified account @mrubin1971 28 Mar 2017  "Will SADAT shoot innocent people again on April 16, as it did on July 15?”
      • Michael Rubin Verified account @mrubin1971 11 Aug 2017 “The Revolutionary Guards of Receb; The bloody role of SADAT and his militia in the play 7/15.’’
      • Michael Rubin Verified account @mrubin1971 17 Nov 2016 ‘’It was time to research/investigate the July 15 civilian killing about SADAT.’’

    Tweets were posted, SADAT carried out illegal activities during and after the coup attempt of 15 July, and the government carried out its supposed dark actions through SADAT Company as he believed, and he published unacceptable tweets in the style of its transmission way, idea, and content that full of slanders and has nothing to do with the truth as creating an unfair public opinion against activities of the client company, SADAT that serve the interests of our country and the President.

    The Honorable Court, you can access these publications at the address https://twitter.com/search?q=%40mrubin1971%20sadat&src=typd  and they are still available until now and there is a copy of them in the appendix.

    When these Tweets are examined; It seems clear that what was transferred is not based on concrete data, it is based on entirely wrong assumptions. None of the information transmitted to the public opinion regarding the clients is in the unconfirmed, unreal, or it is within the scope of "libel" and "insults".

     The matter of request twitter account being public to everyone has a large number of followers because it is published in Turkish, and the twitches published by this person are used by many in all kinds of written and visual media. This situation results in irreparable damages to the client company, its business reputation, and its personal rights. Accordance with Article 9 of Law No. 5651 related to "Regulating Publications Made on the Internet and Combating Crimes Committed Through These Publications", and to terminate these moral damages caused to the client due to these illegal posts,

    to terminate the moral damages of my client due to these illegal posts as soon as possible, found at the address https://twitter.com/mrubin1971, this lawsuit was filed to determine the unlawfulness of the postings containing libel and insults that publicly infringe on personal rights, to remove the content from the post and to block access from search engines.


    LEGAL REASONS: Law No. 5651, Provisions and Legislations of the Turkish Press Law and the Turkish Penal Code REQUEST AND CONCLUSION:

           As a result of an attack on the personal rights of the posts related to the client, SADAT, on the social media platform called TWİTTER, in the account https://twitter.com/mrubin1971 , by installing it as illegal within the context of the reasons described above and other evidence that will be obtained during the investigation, I offer and demand by proxy the approval to delete the content from publication and block its access in search engines.

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    1. The US citizen and pentagon officer Michael RUBIN published through his Twitter account  https://twitter.com/mrubin1971 statements and accusations that are far from the facts and contain insults and slanders far from reality, with the intention of offending personal rights and defaming the commercial reputation that targets Society and public opinion, headed by the President of the Republic of Turkey, Recep Tayyip Erdoğan, legitimate government, and my client known by its short name SADAT, International Defense Consulting Construction Industry and Trade Contribution.
    2. SADAT International Defense Consulting Construction Industry and Trade Contribution, known as SADAT in short, is established and operates in accordance with the provisions of the Turkish Commercial Code and operates according to the law. Its founders, partners and employees are legally respectful and immaculate history. There is no single suspicious activity to be illegal, even as a legal person or individuals. SADAT is infallible from any unsightly, unsupported imputation. All activities of the client company are under the law under the Turkish Commercial Code and other legal regulations, under which all entities of the state are examined and a commercial entity without a legitimate, transparent, covert business without any lawless conduct.
    3. Therefore, the subject of the request account via the link https://twitter.com/mrubin1971 in which harsh words were used against the client company without researching facts and without actually knowing about it, and it is obvious that it contains lies, errors, insults, and statements with the purpose of slander, as part of the campaign Intentional defamation that seriously harms the business reputation and personal rights of the company.
    4. Matter on request, from a twitter account with the extension, https://twitter.com/mrubin1971;
      • Michael Rubin verified account @mrubin1971 9 Nis ’’I wonder, if Erdoğan steals the Istanbul election and protests begin, SADAT will shoot at crowds and kill innocent people and blame Erdogan's foes as before.” #Turkey#Istanbul #TurkeyElections^^
      • Michael Rubin verified account@mrubin1971 21 Oct 2018 ’’Erdoğan promised to explain what happened to Khashoggi. I wonder if he will explain what really happened during the coup. For example, what was SADAT doing, or who actually killed civilians? “
      • Michael Rubin verified account@mrubin1971 28 Tem 2017 ‘’If retired, would Perincek disclose the murders committed by SADAT during the coup? Or is he making his own coup?”
      • Michael Rubin verified acoount@mrubin1971 26 Ara 2017 ‘’’Erdoğan should be honestly found about the guarantees given to civilians in the last Decree-Law out. As such, he is legalizing death teams and confirms that SADAT is a terrorist organization.
      • Michael Rubin verified account@mrubin1971 28 Mar 2017 ‘’The Revolutionary Guards of Receb; The bloody role of SADAT and his militia in the play 7/15’
      • Michael Rubin verified acoount@mrubin1971 11 Ağu 2017 ’’It was time to research/investigate the July 15 civilian killing about SADAT’

    Tweets were posted, SADAT carried out illegal activities during and after the coup attempt of 15 July, and the government carried out its supposed dark actions through SADAT Company as he believed, and he published unacceptable tweets in the style of its transmission way, idea, and content that full of slanders and has nothing to do with the truth as creating an unfair public opinion against activities of the client company, SADAT that serve the interests of our country and the President.  The Honorable Court, you can access these publications at the address, https://twitter.com/search?q=%40mrubin1971%20sadat&src=typd and they are still available until now and there is a copy of them in the appendix.

           When these Tweets are examined; It seems clear that what was transferred is not based on concrete data, it is based on entirely wrong assumptions. None of the information transmitted to the public opinion regarding the clients is in the unconfirmed, unreal, or it is within the scope of "libel" and "insults".

    5. The matter of request twitter account being public to everyone has a large number of followers because it is published in Turkish, and the twitches published by this person are used by many in all kinds of written and visual media. This situation results in irreparable damages to the client company, its business reputation, and its personal rights. Accordance with Article 9 of Law No. 5651 related to "Regulating Publications Made on the Internet and Combating Crimes Committed Through These Publications", and to terminate these moral damages caused to the client due to these illegal posts,to terminate the moral damages of my client due to these illegal posts as soon as possible, found at the address https://twitter.com/mrubin1971 this lawsuit was filed to determine the unlawfulness of the postings containing libel and insults that publicly infringe on personal rights, to remove the content from the post and to block access from search engines.
    LEGAL REASONS: Law No. 5651, Provisions and Legislations of the Turkish Press Law and the Turkish Penal Code REQUEST AND CONCLUSION:

           As a result of an attack on the personal rights of the posts related to the client, SADAT, on the social media platform called TWİTTER, in the account , https://twitter.com/mrubin1971

    by installing it as illegal within the context of the reasons described above and other evidence that will be obtained during the investigation, I offer and demand by proxy the approval to delete the content from publication and block its access in search engines.

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    TURKISH REPUBLIC

    ISTANBUL

    1. MAGISTRATE COURT

    DIFFERENT ISSUES DECISION

    DIFFERENT ISSUES DECISION: 2019/2267 DIFFERENT ISSUES.

    JUDGER: Zafer DAŞKIN 153128.

    CLERK: Yusuf Kenan YABANTAĞ 229062.

    PLAINTIFF:SADAT A.S. International Defense Consulting.

    DEFENCE COUNSEL: Ahmet Cengiz Tangören - Ahrnet Taylan.

    COUNTERPART: www.twitter.com.

    DEMAND: Access blocking Request.

    DATE OF DEMAND: 25/04/2019.

    DATE OF DECISION: 25/04/2019.

    The defense counsels Mr. Ahmet Cengiz Tangören & Mr. Ahmet Taylan of SADAT International Defense Consulting have submitted a petition, which was attached in above division and recorded under different issues order, to our judiciary in the date of 25/04/2019.

    Documents were audited.

    REQUIRED THAT:

    The defense counsels Mr. Ahmet Cengiz Tangören & Mr. Ahmet Taylan of SADAT International Defense Consulting have submitted a petition which was provided in 25/04/2019 includes Access blocking Request to publications that were non-real and attacking their personal clients’ rights in accordance with article 9.1 of the Law No. 5651.

    Article 9.1 of the Law No. 5651;

    (1) Real and legal persons, institutions, and organizations who are alleging, that their personal rights have been violated due to broadcast content made on internet, have right to request removal of broadcast content by warning methods in case of failure to reach this content or by requesting to the judge who may block broadcast content directly.

    (2) The requests providing by persons, who alleging their personal rights have been violated due to broadcast content made on internet, should be replied at most within twenty-four hours by the content and / or location provider.

    (3) Due to broadcast content on the Internet and according to requests of those who their personal rights have been violated, the judge may decide to block access within the range specified in this article.

    (4) The judge decides to ban access to content on the basis of this article, by blocking the access to the content (in the form of URL, etc.) only in relation to the posts, section, portion where the violation of the right to personality occurs. The decision to prevent full access to the posts cannot be given on the website unless requested. However, if the judge finds that the violation cannot be prevented by blocking access to the content by specifying the URL address, he can also decide to block accessing to the entire posts on the website, with the proviso that specify the reason."

    Upon checking application Form and its attachments, it was found that the action was taken due to violating personal rights by publishing the posts in the URL: https://twitter.com/search?q=%40mrubin1971%20sadat&src=typd without consent of the requesting side, for these reasons the APPLICATION WAS APPROVED as such.

    Law No. 5651 Article 9; The judge decides to ban access to content on the basis of this article, by blocking the access to the content (in the form of URL, etc.) only in relation to the posts, section, portion where the violation of the right to personality occurs. The decision to prevent full access to the posts cannot be given on the website unless requested. However, if the judge finds that the violation cannot be prevented by blocking access to the content by specifying the URL address, he can also decide to block accessing to the entire posts on the website, with the proviso that specify the reason.

    With this provision and after it became clear that https:// https://twitter.com/mrubin1971 was the domain name on the mentioned webpage, the following decision was taken as to denial of the request.

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    1- شخص اسمه مايكل روبين مواطن من الولايات المتحدة الأمريكية وهو مسؤول في بنتاغون نشر عبر حسابه في التويترhttps://twitter.com/mrubin1971  البيانات والاتهامات البعيدة عن الحقائق والتي تحتوي على الشتائم والافتراءات البعيدة عن الواقع، بقصد الإساءة على الحقوق الشخصية وتشويه السمعة التجارية التي تستهدف المجتمع والرأي العام على رأسهم الرئيس الجمهورية التركية السيد رجب طيب أردوغان والحكمومة الشرعية وصادات المعروفة باسمها المختصر وهي شركة صادات للاستشارات الدفاعية الدولية والانشاءات والصناعة والتجارة المساهمة.

       

    2- المعروفة باختصار بـ صادات هي شركة صادات للاستشارات الدفاعية الدولية للانشاءات والصناعة والتجارة المساهمة. "؛ هي شركة تم تأسيسها وتشغيلها وفقًا لأحكام القانون التجاري التركي، يعمل وفقا للقانون. مؤسسوها وشركاؤها وموظفوها ملتزمون بالقانون ولديهم تاريخ نظيف جداً. إن كان كالاشخاص الحقيقييين وأشخاص الاعتبارية ليس لديهم عمل غير قانوني ناهيك عن ذلك ليس لديهم فعل مشكوك من أمره. صادات هي منزهة من التشبيهات القبيحة التي لا أساس لها. تقع جميع أنشطة الشركة ضمن نطاق القوانين في إطار القانون التجاري التركي واللوائح القانونية الأخرى، يتم مراقبتها من قبل جميع وحدات المعنية للدولة، وليس لها أعمال غير قانونية، هي مؤسسة تجارية مشروعة وشفافة وليس لها أعمال سرية ومغطّية.

       

    3- لذلك، فإن موضوع الطلب الحساب عبرالرابط https://twitter.com/mrubin1971 تم استخدام فيها عبارات قاسية ضد الشركة من دون الإطلاع للحقائق و بجهل تام عن الموضوع المذكور، ومن الواضخ تماماً هي محتوى من الأكاذيب والأخطاء والشتائم  والتصريحات بغرض الافتراء، في إطار حملة تشويه مقصودة التي تضر بالسمعة التجارية بشكل خطير والحقوق الشخصية للشركة.

    4- موضوع الطلب الحساب  عبرالرابط https://twitter.com/mrubin1971 تم مشر فيه تغريدات على الشكل التالي:

       

    *الحساب الموثوق باسم مايكل روبين@mrubin1971 9 Nis "أتساءل عما إذا كان أردوغان يسرق في انتخابات اسطنبول وتبدأ الاحتجاجات، و صادات تطلق النار على الحشود وتقتل الأبرياء هل كان أردوغان سيتهم أعداءه في ذلك كما كان من قبل #تركيا    #اسطنبول    TurkeyElections^^

    * حساب الموثوق  @mrubin1971 21 اكتوبر 2018 باسم مايكل روبين "أردوغان وعد بالتوضيخ بما حدث لخاشيقجي. أتساءل عما إذا كان سيشرح ما حدث بالفعل خلال الانقلاب.على سبيل المثال، ما الذي كان فعله صادات؟ أو من قتل المدنيين؟"