it is historical importance that every advocates of justice, businessmen, everyfolks of life should have stood-up with a common attitude and language against the unlawfulness www.erolyeginmudafaa.com.tr is dedicated to prove rule of law and prevail justice in SFAX
Dear advocates of justice .. Members of civil society organizations, Judiciary, Lawyers N.G.O.s , Members’s of Tunisan Government, local development associations, labour Unions, Mayors and other local officials, political activists, journalists, ordinary people who are engaged in activities to improve the social and economic well-being and a decent livelihood for themselves better future for their children, in Dignity, Peace and Freedom for Prosperous Tunisia & elsewhere.
The motto of W.T.C.A. ( World Trade Centers Association ) is PEACE & STABİLİTY through TRADE&TOURİSM. We believe to achieve Peace & Stability andto eradicate poverty PROTECTİON and ENCOURAGEMENT of foreign investment is the main VİTAL pillar to achieve motto of W.T.C.A. for sustainable development worldwide.
Similarly U.T.İ. C. A. – Reunion de bureau executif et de conseil administratif il a souligne
L İNVESTİSSEMENT ET L EMPLOİ EN PRİORİTE
I would like to take this opportunity to communicate you regarding our TRAGİC investment experience in Tunisia. We deserved Medal of Honour due to our positive achievement by preventing the bankruptcy of WİNNEN & BORGİ. Saving economic monument production factory and all 420 employees. LES DEUX SOCİETES ont REDEMARRE de NOUVEAU ET CE EST GRACE A YEGİN.
Par ailleurs, le President de Ia Republique de Turquie a decerne Ia plus haute medaille Turque a M. Senol YEGiN, P.D.G. des societes turques WIBOTEX et SYPHAX SPECIAL CONFECTION en reconnaissance de sa contribution au developpement cconomique de IaTunisie et des relations bilaterales entre les deux pays amis et freres, le 7 avril 2000.
Regrettebly we were PUNİSHED by unknown Powers. Please refer to attached official reports , legal evidences and self- explicative documents.
Legally established companies Wibotex S.A & Syhpax Special Confection S.A. employed 420 Tunisien workers. The factory is located in the free zone area and benefited from the rights arising their status as 100% exporter (loi-72) since their inception 1973 & 1987
The companie S.S.C.S.A.(Ex-WBS) is prorietaire of 6671 m2 land and 3892m.factory .
The production machine park contained 614 sewing machines. Collaboration with important European defence administrations testifies degree of manufacturing capacity. The companies enjoyed the quality system RFA-AQUAP4 and got it’s İSO-9002 certificate in 1995.
The companies has been known for many years prosperity employing up to more than 500 workers and subcontractors by the tenders obtained through mother company the firma Heinrich Winnen GmbH-Hohberg-Germany. However due to a policy of high salary and bonus system introduced by the former German owner W.B.S lost its competitiveness that has been exacerbated by the fall in the volume and orders. Due to the financial crisis during 1996 the companies WİNNEN & BORGİ were on the brink of bankcruptcy.
YEGİN Turkish manufacturing group purchased the companies on 1996 and prevented the PERMANENT closure of the Factory saved 420 employees contributed to world economy between 1996 -2000 peacefuly.
LES DEUX SOCİETES ont REDEMARRE de NOUVEAU ET CE EST GRACE A YEGİN
As soon as purchasing the companies in Sfax,YEGİN GROUP Re-invested, re-employeed all 420 Tunisien workers and contributedto the sustainable development in Tunisia between 1996 – 2000. Regardless our companies encountered violation of rule of law as explained at the attached self eplicative documents and reports. İn fact YEGİN companies were not in financial difficulty at the time of opening of C.N.S.S. case, rather demonstrated capacity, enthusiasm and goodwill by paying all creditors, salaries of workers on the amount of 1345000.000 T.D. Between 1.7.1999 – 4.05.2000.
On May 12th may 2000 in our absance/during forcefull siege by UGTT The National fund of Social Security (C.N.S.S.) appealed to the Court of First İnstance of Sfax to begin the Judicial settlement procedures against Syphax Special Confection S.A. C.N.S.S. claiming that the S.S.C. S.A.owe the sum of 343000 dinar. İn our opinion appealing to the court by the CNSS is in breach of signed official aggreements and its obligations, both lawyer F.JAMMOUSSİ and CNSS jointly responsible. Because an instalment agreement signed & stamped with C.N.S.S. dated 20.12.1999 (S.S.C.) and on 22.12.1999 for Wibotex S.A. But unfortunately 235 days of production and financial activities between 30.6.1999-15.02.2000 has not been considered by the appointed expert – C.N.S.S. and consequently by the court.)
The court of first instance in sfax, authorized, by a judicial decision, on 5.06.2000 to start reglement judiaciare procedures according to the same judicial decision sole expert A. R.Ghorbel appointed to study and to prepare a report the economical and financial situation of the company and to find a solution of rescue. The judicial experts are bound never to mislead the court, nevertheless expert A.R.Ghorbel has committed unlawfull actions against innocent, vulnerable, defenseless Turkish investor and 420 Tunisian workers. Expert R.G. omitted to submit real legal updated documents to the court arrete 15.02.2000. İN CONSEQUENCE sole expert MİSLEADED the court.
Expert R.G. was the goverment commissaire of our companies thus he attended executive meetings (Process verbal des deliberatıons du conseil d’administratıon) of our companies during 1999-2000 He had all related up-dated financial data and documents in his possession i.e. blance reports minutes of meetings etc. R.G.Received honoraries from WİBOTEX & SYHPAX SPECİAL CONFECTİON S.A.
The court’s reasoning of decision of insolvency based 30.6.1999 report as shown below. Although companies contuined to production and financial activities until forcefull illegal occupatıon by the UGTT on 15.2.2000.
Expert R.G.misses the 1999 year-end balance sheet which is crucial for such expertise.Please note proper updated books of accounting according to legal Tunisien accounting and book-keeping systems have been kept until the forcefull occupation of the factory by U.G.T.T.
Financial situation was inflated in the liabilities by the mention of a debt of 798215.000 d. of the YEGİN . it is curious that a legal expert appointed to find a solution to a successful companies and aware that this company is innovative in technology ofclothingbusiness, mentions a debt being in the current account partners, only to burden the liabilities; as a matter of principle it is the opposite approach.
The symbol of one of the economic monument in Sfax was in process of unfair, unjust bankcruptcy decision based on a unexistent debt as above reported by the sole expert R.G.
Please note during all year 2000-01 our companies and our factory under UGTT’s unlawfull siege. Eventhough bid on 325000 piece of tender of Ministry of defence France successfully won by YEGİN. Delivery conditions of contract related to said contract was duly formed in full compliance and conformity byTunisian & French laws. But due to forceful occupation of the factory by U.G.T.T.We couldn’t respect the terms and conditions of the tender.
Production companies should exercise of all rights under the covenant on an equal basis with others. Unfortunately expert R.Ghorbel liquitated our companies, sold all our assets including high-performance PAFF machines & manufactured Military Uniforms to the competition ( Tomtex S.A) , who resold it to French army (SERCAT) at an inflated price.
Unfortunately it is a typical situation of conjunction of mentioned negative factors, which became worse by the discriminatory interference by the appointed expert. Positive obligation under the right to protect & behave in the context & light of EQUİALİTY of ARMS the expert breached fiduciary duties thereby putting the future of the companies and it’s assets at risk.
Expert R.G. Liquitated our companies & sold all our assets including high-performance PAFF machine and manufactured Military Uniforms to the competition (Tomtex S.A) The logic (!) of these wrongdoings and juridique maneouvres at the cost of future of Tunisia.
Formun Üstü
Production companies should exercise of all rights under the covenant on an equal basis This unjustifiable bankcruptcy case against companies WİBOTEX S.A & S.S.C.S.A. a final blow at all truth, it will be written in history it was possible for this ECONOMİC crime to be committed.
I will tell the truth, for I have promised to tell it, it is my duty to explain and prove.
A calamitous man has managed it all, has done it all. A.R.Ghorbel expert-accountant in Sfax. He is the entire the PREMEDİATED BANKCRUPTCY case; it will be fully known only when a sincere investigation shall have clearly established his acts and responsibilities, its he who conceived the idea of prepering-dictating the above mentioned illegal report.
Please note our companies contunuied production activities until 15.2.2000. I repeat WİBOTEX S.A. and S.S.C.S.A. Both companies contunied production / financial activities until 15.2.2000. Please focus your attention to the date of report & creditor’s list.
As you will notice there is the creditor : YEGİN- he is the owner.
Please note during 2000- 2001 our factory under U.G.T.T.’s unlawfull forcefull siege, without legal ground also opening of reglement judiciare by the CNSS dates 12.5.2000. groundless.
HİGHLİGHTS – İNFORMATİON FİLE WİBOTEX & S.S.C.
The court’s bankcruptcy verdict based on outdated ex-financial figures of 30.6.1999 which has no juridique value, as our companies contunied for production and paid all the outstanding debts between 30.06.1999 / 15.02.2000. including all employee salaries,overhead expenses etc. An agreement of instaşment for both companies signed & stamped with C.N.S.S. Production and financial activities contuined between 1973- 15.02.2000 without any red mark in S.T.B. BANK during 27 years,which has not been considered by the expert and by the court. Appointed sole expert ignored the companies updated financial 31.12.1999 year end blance-report and STB bank reports.The appointed expert also omitted production activities & financial transactions activities during second half of 1999 and the payments on 2000 – 2001.
Tous les salaires ont été payés jusqu’en janvier 2000, et aucune mention n’a été faite dans le Rapport de Ghorbel, qui n’a pas interrogé les employés, ni écrit à la Banque pour connaître la situationThere is an evident conflict of interest for Mr. Ghorbal and the lawyers should have denied him especially that, as auditor reviewing the financial statements, of our companies WİBOTEX S.A. & S.S.C.S.A. He was / is aware on the UPDATED companies situation.
When the sit-ins started we communicated to Sfax Governer and the primer delege have met and explained with primer delege in Sfax governerate no positive result or assistance,sit-ins are illegal and occupation is contrary to the law. We also sent letters Prime Minister and met with S.O.S. director and met the minister of foreign investment.
But the party which was most negative is the cases examined, was the Judiciary staff, namely the Judge Imen Cherif. Pls be informed to the fact that there were / are family ties between that Judge and Ghorbel’s lawyer Mr Makni, and this is not ethical; the conflict of interest does not to seem a notion respected by the Sfax legal circles. This point is essential and could lead us to lodge a complaint before the General Inspection of Ministry of Justice.
As for the so called facts leading both companies to be under proceedings of Act of 1995 or of bankruptcy, the facts were not so serious at the moment Lawyer Jamoussi instituted the proceedings. We must endeavour to obtain an expertise from CNSS to determine whether at the date which the Court set as a date of stop of payments, was real or not. Please re-review the attestations and instalment aggreements with CNSS that could be the trigger to institute proceedings against the court of Sfax,and CNSS for Aunjustified proceedings and request cancellation of the judgements. Because the court has ignored the CNSS moratorium, (Duly signed and stamped aggreements) and should have suspended all the ongoing suits instead of declaring bankruptcy. Strong proofs / Evidences to claim our legitimite rights. Duly Signed CNSS instalment aggreements, written attestations.
The expert ignored that a spreading was signed on December 20th ,1999 with the social security administration for a total debt of 213,559d, and also that the period spread out over 3 years namely from January 20th, 2000 to December 20th, 2002 with a monthly payment of 5339d.575 and an initial slice of 21,153d.435 paid the same day. (receipt no 85575).
The admissibility of the request of Jamousi in May, 2000 to activate a legal settlement while such a mutual agreement was effective is thus suspicious.
An amicable settlement would have been more adequate.
Structured group in Sfax committed serious crime for profit by the abuse of public power for private gain A.R.Ghorbel is appointed sole expert,A.R.Ghorbel was WİBOTEX S.A and S.S.C.SA. companies external auditor, sole ENFORCEMENT COMMİSİONER and sole JUDİCİAL liquidator and sole ADMİNİSTRATOR for companies WİBOTEX.S.A / S.S.C.S.A.
I believe this unfortunate illicite man made acting collectively caused economic disaster in which involved ; Conspricay, fraud, theft, betreyal , and Cover-Up. Which resulted destruction of an ECONOMİC MONUMENT in Sfax this imbecile report dated 30.6.1999 which was not simply a vulgar treason, almost all of them, juridiquely valueless. The frightful denial of justice, the emptiness of reports of R.G. that innocent companies has been condemned to bankcruptcy on this out-dated reports is a prodigy of iniquity.
I deny this report and empty attachments ; I deny it with all my might. I know no greater civic crime against JUSTİCE . A CRİME so serious considering existence of reciprocal treaty aggreement between Turkey & Tunisia signed on 29.5.1991 even to consider that we have been victim of flawed procedures.
We denounced R. G. & Hassan ABDULLAWİ and accomplices as the real authors of the unprecedented economic crime what frightful despair grips the heart! that R.G. manufactured the above shown out-dated report in which the court based on for the final verdict.
A.R.Ghorbel is appointed sole expert, Our companies external auditor,COMMİSSİONER ENFORCEMENT COMMİSİONER , JUDİCİAL liquidation ADMİNİSTRATOR. He is all
Expert A.R. Ghorbel liquitated our companies and sold all our assets including hi-tech PAFF machine and manufactured and semi manufactured uniforms to the competition ( Tomtex S.A) , who resold it to French army at an inflated price. I declare simply that A. Raouf Ghorbel entrusted as a appointed accountant with the duty of preparing the companies case is, in the order of dates and responsibilities, the first person guilty of the fearful judicial error that has been committed. It is a typical situation of conjunction of negative factors, which became worse as the legal entities interfered. The logic (!) of these wrongdoings and juridique maneouvres at the cost of future of Tunisia.
Court of Sfax has lacked impartiality in the examination of the parties arguments.
The court has ignored the C.N.S.S. signed and stamped agreements and moratorium.
The court should have suspended all the ongoing suits instead of declaring bankruptcy.
So the court of Sfax has deprived of a fair judgement, as explained the court reasoning it’s verdict on ex-debt figures of 30.6.1999 which has no juridique value, as Yegin’s companies S.S.C.S.A. & Wibotex S.A. contunied for production and paid all outstanding debts between 01. 07. 1999 & 15.02.2000. including employee salary. The instalment agreements signed with C.N.S.S. dated 20.12.1999 & 22.12. 1999 but the expert and court İGNORED duly signed & stamped instalment agreements.
Expert&court ignored payments of 1345000.000d.(one mio$)between 1.07.1999 – 4.05.2000.
The expert & court also ignored year end blance of 2000 / 2001 and relative financel statements of Societe Tunisien Bank (STB) 1999 figures & S.T.B. year end releves.
The court did not consider noter attestations of employee strikes,bloque of export and forcefull occcupation of our factory on 15.02.2000.
Up-dated data and financial statements of our companies were not presented by the appointed expert in all material respects in accordance with accepted accounting principles and requirements. Our assets has been mis represented by the sole expert to the court although he had order by the court. He had the right to access to our companies books and updated accounting documents. I repeat court based decision of insolvency on the sanal debts of 30.6.1999. Which is juridiquely unacceptable the court insolvency decision based on out dated documents of 30.6.1999. Altough financial and production activities contuined until forceful illegal occupation of U.G.T.T.on 15.02.2000.
Also it is clear that neither the local authorities like the U.G.T.T.Govornarate , most negative was the Judiciary staff, Their behavior caused a direct disaster, which we couldn’t mend.The damages were tremendous. 420 Tunisian employees and foreign investor LOST their job.
“ Legal Settlement ” PROTECTS the production companies. This is because of primary objective of judicial settlement is the SAVİNG of the business and employment.
Main articles in the context of the legal settlement were overlooked and ignored.
The misconduct of a judge, lawyer or accountant during a trial which influences the final decison may result in the setting aside of decison. Our appeal to N.A.C.C. on 2014 remained unanswered until today. These key documents contain part of the truth about a dark history of breach of Justice by A.R.Ghorbel,H.Abdullawi and accomplices. But they have underestimated the real power of JUSTİCE and forgot the presence of the Tunisian public voice and the world beyond. Let’s be united in supporting businesses that deliver on the promise of a sustainable for all and prosperous future. The evil is wholly known, so we must have the means to fight it.We believe the information is worth being brought to your attention. Citizens.N.G.O.s of Tunisia should do everything possible to protect foreign direct investment, our sad experience shows relationship between development and POVERTY, and importance of JUSTİCE.
The human rights provision and international treaties obligates the host country to “ Protect foreign investor, in the hope that those who come after us will find an insight the wisdom and a workable moral out of these events which so far elude us who lived them fort the past 25 yrs. The attack on WİBOTEX S.A & S.S.C.S.A was an attack upon the entire legal system.
Our personal fate is of little importance but our DİGNİTY is very important. Wibotex S.A. and S.S.C S.A”s insolvency has been long and arduous and lay a handful of central questions.
We believe unfortunate dispute in Sfax holds the opportunity for creating improved processes and developing İNNOVATİVE amiable solution procedures . This is the reason of my communication to you to find AMİABLE SOLUTİON and to create awarenes and restore YEGİN s dignity and PREVAİL JUSTİCE.
Our aim is to enlighten those who have been kept in the dark, and find a solution to eradicate poverty in the name of humanity which has suffered so much as all are entitled to happiness and decent life. Facts & documents are supported/exhibited in our web page.
Respectfully submitted.
Erol YEGİN www.erolyeginmudafaa.com.tr e-mail : 1erolyegin@gmail.com Gsm.00905352027507 D.G.A.WİBOTEX S.A & SYHPAX SPECİAL CONFECTİON S.A. SFAX-TUNİSİA
N.b.1 – We are dedicated to proving YEGIN’s innocence and are passionate about the welfare of our employees and the economic sustainable development of Tunisia. Looking forward to hear your thoughts and contribution on how we can proceed.
N.b. 2 – One of the responsible person of all above mentioned irregularities and theft . Hassan Abdullawi has been condemned to five years in prison (and pay back all the money he has stolen) on his absence definitive imprisonment by the criminal court of Sfax.
N.b.3 – Wibotex S.A. & S.S.C.S.A”s insolvency has been long and arduous and lay a handful of central questions. Whoever thwarts or grossly impedes performance of court in insolvency proceedings, and thus endangers the purpose of insolvency proceedings,should be sentenced.