Turkiye Halk Bankasi A.S. v. United States
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Turkiye Halk Bankasi A.S. v. United States and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Turkiye Halk Bankasi A.S. v. United States.
The Supreme Court addressed whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal proceedings in the case of Turkiye Halk Bankasi A.S. v. United States. The Court determined that the FSIA's provisions are limited to civil actions and do not extend to criminal cases. The case was remanded for further consideration of common-law immunity arguments.
Holding
The single most important “bottom line” of what the Court decided in Turkiye Halk Bankasi A.S. v. United States.
The Court held that the FSIA does not cover criminal cases and is limited to civil actions.
Constitutional Concepts
These are the Constitution-related themes that appear in Turkiye Halk Bankasi A.S. v. United States. Click a concept to see other cases that involve the same idea.
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Why State Sovereign Immunity is relevant to Turkiye Halk Bankasi A.S. v. United States
The case primarily deals with whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal proceedings, which directly relates to the concept of state sovereign immunity.
Syllabus excerpt (verbatim)Halkbank moved to dismiss the indictment on the ground that as an instrumentality of a foreign state, Halkbank is immune from criminal prosecution under the Foreign Sovereign Immunities Act of 1976.
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Why Judicial Review is relevant to Turkiye Halk Bankasi A.S. v. United States
The Court's decision involves interpreting the scope of the FSIA and determining its applicability, which is a function of judicial review.
Syllabus excerpt (verbatim)The FSIA's comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities does not cover criminal cases.
Key Quotes
Short excerpts from the syllabus in Turkiye Halk Bankasi A.S. v. United States that support the summary and concepts above.
"The FSIA's comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities does not cover criminal cases."
"The District Court has jurisdiction under § 3231 over this criminal prosecution of Halkbank."
"The Court vacates the judgment and remands for the Second Circuit to consider those arguments."
