Economic monument -Sfax - Tunsie

Y E G İ N GROUP - SFAX - TUNİSİE SYHPAX SPECİAL CONFECTİON S.A. & WİBOTEX S.A. Despite our positive achievement to save and secure 420 job posts of Tunisien brothers and sisters,by preventing the closure of the “Economic Monument”Confection Factory on 1996 Being a multınacıonal Turkısh investor in Tunisie instead of protected and honoured unfortunately we’ve been dramatically punished without and reason or any debt. Our companies declared bankcrupt without juridique prove.Per Claim of The National Fund of Social Security (C.N.S.S.) The case is very important not only for us but in general in the perspective of the protection of human rights & internatıonal investment environment in Tunisie. Decleration of bankcruptcy relied on a sole expertise report based on out-dated financial figures of 30.6.1999 although our companies contunied the production and export activities until forcefull occupation on 15.2.2000. The court in Sfax declared our companies bankcrupt without updated financial reports and ignored below mentioned realities. On may 12,2000 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 claims that the S.S.C. S.A. owes the sum of 343002.330 Tunisien Dinars plus daily fine fees based on already issued obliging cards. (Please note the debt and the obliging cards are out dated) The president of the court of first instance in sfax, authorized, by a judicial decision, in 2000/06/05 the start of bankruptcy procedures against the company, after a request of the national fund of social insurance, (C.N.S.S. Lawyer Mr.Fathi Jammoussi which claims to be a debtor to that company of a sum of 343.002.330 Dinars, not including the sums of every day fines imposed through “obligating cards” issued against the company. According to the same judicial decision, the expert GORBAL Abderraouf was appointed to study the economical and financial situation of the company, and to find a solution of rescue. The appointed sole expert ignored the defence attorney’s official documents & all the payments of 1345000 T.D. (Aprox one million dollars) and activities during second half of 1999 , the STB bank year end account,bilan and the payments during 2000 & 2001 although: The expert, the lawyer and the judge owe an affirmative obligation to insure the defendant of a fair and complete trial. Court decision conrtradicts Rule of Law and the Tunisian commercial law 17.04.1995 Here below is the translation of the bankcruptcy decision of 19.11.2002 Republic of Tunisia Ministry of Justice and Human Rights Sfax Court of First Instance Case No. : 73 Date of Sentence : 19/11/2002 God Be Praised The Commercial Chamber, composed of : - Presiding Judge : Najet BOULILA; - Magistrates : H. Sofiène ZGHAL and H. Walid BEN JEDIDIA; In presence of Attorney-General H. Morched ZOUARI; and - Judges : H. Ahmed Jammoussi and H. Mohamed LAJMI; Assisted by : - Clerk of Court : Mrs. Besma BOUZID Awarded the following sentence Whereas the attorney at law, JAMMOUSSI Esq. Has lodged on 12/05/2000 on behalf of Caisse Nationale de Sécurité Sociale ]National Social Security Fund [ a claim petitioning to subject Syphax Company ]former Wanan Borji Modelling, Dressmaking and Uniforms Trading Company to judicial settlement procedures. Whereas Honors Presiding Judge of Sfax Court of First Instance awarded on 05/06/2000 an ordinance under No. 73, ordering to launch the judicial settlement procedures against the debtor, being Syphax Company for ready-to wear manufacturing and referring the case file to honors business judge to pursue such procedures and appointing the public certified accountant Mr. Abderraouf GHORBEL to examine the respondent’s economic and financial status and to specify the way it may be helped and saved; Whereas honors business judge has communicated with Business Follow up Commission, tax authorities and Caisse Nationale de Sécurité Sociale ]National Social Security Find[, as well as Sfax Labour Inspection Department to provide him with sufficient information about the respondent company; Whereas the appointed expert included the actions he carried out in that respect in his reports dated respectively 20/09/2000, 28/05/2001 and 28/09/2001; Whereas each of Caisse Nationale de Sécurité Sociale ]National Social Security Fund[ and Banque de l’Habitat ]Housing Bank[have appointed representatives of Respondent’s creditors as per the ordinance rendered by honors business judge on 03/10/2000, Whereas the Business Follow-Up Commission report dated 23/10/2000 included that postpones giving its opinion on the salvage program to a further hearing; Whereas honors business judge has subsequently addressed two letters to said Commission, respectively on 08/11/2000 and 20/04/2001, expediting the same to submit to the Court its final opinion as to the reorganization of Respondent company; Whereas on the hearing held 13/11/2001, the Court awarded in chambers a judgement ordering to admit the judicial settlement against Respondent SYPHAX company and to deem it as having suspended the payment of its debts as from the date at which the suit was filed against it, i,e, on 12/5/2000 and to subject it to a control period, after which it will be fully assigned to thirds, and to appoint the expert Abderraouf GHORBEL as an enforcement controller for which he is assigned to draw-up a Terms of Reference book for sales, whilst mentioning that the company offered for assignment is subjected to wholly-exporting companies law dated 27/04/1972 and that the bidders wishing to purchase should meet the requirements of said law. Moreover, the enforcement controller should submit said Terms and Conditions book at Court’s Office and the Company’s registered office and to refer the purchase offers he would have received within the specified terms to the Court not later than end January 2002 for screening purposes; and to advertise said decision in Journal Officiel de la République Tunisienne-JORT ]Tunisia’s Official Gazette[ and a daily newspaper on Claimant Caisse Nationale de Sécurité Sociale ]National Social Security Fund[’s accourt and submit a copy thereof to Business Follow-up Commission and enter its content in Commerce Register . Whereas on 21/05/2002’s hearing held in chambers, the Court decided to extend the deadline for submission of bids relating to company’s assignment to end August 2002 due to resumption of assignment procedures which were hindered on account of the appeal lodged against the judgement having ordered such assignment and that appeal has been dismissed as to content ; Whereas upon expiry of the deadline for submission of bids, the enforcement controller provided a report dated 18/09/2002 pursuant to the provisions of Article 39 of Law dated 17/04/1995 and a report for referral of the case to the commercial section for examination in chambers on 19/11/2002; Whereas in the 19/11/2002’s hearing there were present Mr. Iskander CHEBBI as representative of Caisse Nationale de Sécurité Sociale ]National Social Security Fund[, Mrs. Saida BEN ABDALLAH as representative of Banque de l’Habitat ]BH Bank[ and Mr. Abderraouf GHORBEL as enforcement controller who pointed out that no bidder is desirous to purchase the Company and that he completed all legal and advertising measures required. The BH Bank’s representative and Caisse Nationale de Sécurité Sociale ]National Social Security Fund[’s representative, as well the attorney-general’s representative pleaded for awarding at the Court’s discretion. Afterwards the case was maintained for debate and awarding and, upon debate as per the law, the Court awarded the following sentence : The Court Whereas Article 48 of Law on Salvage of Ailing Enterprises provides that the decision of assignment should be published in Journal Officiel de la République Tunisienne ]Tunisia’s Official Gazette[ and by any such other means ordered by the controlling judge and that the enforcement controller should submit the bids he receives within the prescribed terms together with any such elements that help assess the seriousness of the bids, and that the court chooses the bid which ensures the most the continuity of job opportunities and the acquittal of liabilities, and that the enforcement controller shall accomplish the assignment procedures ; Whereas in application of said article, the enforcement controller has published the assignment ordinance in Journal Officiel de la République Tunisienne ]Tunisia’s Official Gazette[ under No. 243 on 24/11/2001 and in a daily newspaper "Essabah" on 21st November 2001, and drew up the Terms of Reference and advertised the auction in daily newspapers and deposited copies of Terms of Reference at Court’s Office and at the Company’s registered office. Whereas the enforcement controller outlined in his report dated 18/09/2002 that he received no purchase bid relating to the assignment of Syphax Company. Whereas since the salvage through assignment to thirds has failed, it would be suitable to declare in bankruptcy the debtor company, in particular since it is subjected to bankruptcy provisions for being a trader, in that it is a limited company in addition to the fact that it was proven to have suspended payment since 12/05/2000 pursuant to Article 27 of Law on Salvage of Ailing Enterprises which provides that failing to proceed to settlement the court declares the debtor in bankruptcy if it is subjected to the bankruptcy provisions or the winding-up of the enterprise in the other cases and notifies the Enterprises Follow-Up Commission. Whereas in enforcement of Article 466 of Commerce Code, Mrs. Imène CHARFI was appointed a judge of bankruptcy and examiner to the liquidator as per the provisions of Law dated 11/11/1997, and the expert Abderraouf GHORBEL was appointed as liquidator. Whereas pursuant to Article 476 of Commerce Code, the Court orders affixation of seals on Company’s registered office and its contents and imposing a lien on the bankrupt Company’s assets in favour of the body of its creditors, and authorizes the Clerk of Office to display the content of this sentence at the court hall and on the doors of the bankrupt Company within 5 days from its date and to submit an extract thereof to the attorney-general and to the chamber of Commerce; and authorizes the entry of the sentence in Commerce Register ; and the liquidator should accomplish the other publication procedures provided for in Article 453 of Commerce Code . Whereas the proceedings costs are borne by the sentenced party pursuant to Article 128 of Civil and Commercial Proceedings Code. By these Reasons The Chamber ORDERED and AJUDICADED bankrupt the Company "Syphax Spécial Confection Coupe" having been subjected to a control period by virtue of the decision rendered on 13/11/2001, considering said Company as having suspended the payment of its debts since 12/05/2000 and , accordingly, Mrs. Imène CHARFI was appointed a judge of bankruptcy and examiner to the liquidator as per the provisions of Law dated 11/11/1997, and the expert Abderraouf GHORBEL was appointed as liquidator. Whereas pursuant to Article 476 of Commerce Code, the Court orders affixation of seals on Company’s registered office and its contents and imposing a lien on the bankrupt Company’s assets in favour of the body of its creditors, and authorizes the Clerk of Office to display the content of this sentence at the court hall and on the doors of the bankrupt Company within 5 days from its date and to submit an extract thereof to the attorney-general and to the chamber of Commerce; and authorizes the entry of the sentence in Commerce Register ; and the liquidator should accomplish the other publication procedures provided for in Article 453 of Commerce Code .Whereas the proceedings costs are borne by the sentenced party pursuant to Article 128 of Civil and Commercial Proceedings Code. And ordered the bankrupt Company bear the proceedings costs. Made on the date hereunto , Wibotex S.A and Syhpax Special Confection S.A. Emloyed 420 Tunisien brothers and sisters and are located in the free zone area under the control of the Tunisien Costums and benefited from the rights arising their status as 100 % per cent exporter since their inception in 1987 & 1973 respectively.. August 21st 2001 is important as it was the date of the SIGNATURE for 250000 T.D. credit by the STB Bank,and we’ve made the following operation expenses to re-activitate Our companies.The credit was authorised by Minister of İnternational cooperation and İnvestment H.E. Fathi MERDASSİ. NAME AMOUNT DATE CNSS 30000 T.D 24.09.2001 Payment for Wibotex to CNSS account in STBank. S.Smauwi 8500 TD Avocat honorar G.A.T. 8213 TD 21.09.2001 Re-activation of the assurance policyagainst Robbery Bank habitat 4500 TD Payment of outstanding debt. Municipality 23215 TD Payment of Municipality tax. A. Bouzid 47000 T.D Payment of Honoraries toOurAvocat Mr. A. Abouzid S.T.B. bank 28000 TD Advance payment of interest for the Credit of 250000 Dorra M. 1500 TD Payment of salary ( Accountant). H.benAmira 6000 TD Honoraries of Avocat H.Ben Amira during 2001-2002 A. Fettah 8000 TD Abdulfettah & temporary Workers salaries. Telekom 2315 TD Water+Electrcty+Stationary. Still 8500 inTD the company account atSTBank. To prove our financıal strength and positive vivid desire to re-activitate Companies in Sfax –Tunisie ; Our HQ. in Germany-Yegin GmbH has already remitted an additional 120000 T.D. to our Avocat Mr.Selahaddine Caid Essebsi through Avocat D. Bollecker and the following payments has been made by Avocat Selahaddine Caid Essebsi by mid 2000. The beneficiaries were : NAME AMOUNT DATE CNSS 53800 TD 04.05.2000 Payment of cotızatıon S.Choukroun 12800 TD External Provıder A.R.Ghorbel 5300 TD Expert comtable, Commisaire Account S.caid Essebs 12000 TD Avocat Tax 3900 TD Workers 1000 TD Najed-Nouri, Dorra C. Simaouwi 1500 TD Avocat D.Bollecker 28089 TD Didier Bollecker (Avocat it seems is clear that we could not deliver to the court none of the above mentioned documents of payment to prove our solvency & strength.In additıon to above 875000 TD has been remitted to Wibotex & SSC to pay all the debts to CNSS and to Workers durıng second half of 1999.Although all the expenditure & payments well documented and delivered to our lawyers & Company representatives on time regardless the court declared our companies in suspension of payment as of 12.05.2000 based on a passive financial status of 30.june.1999. in which the claim of 343002 TD of C.N.S.S. and claim of Bank Habitat 4500 T.D appear. Regardless all above payments and Concrete proves ;The court Declared Bankruptcy against our companie.Syphax Special confection S.A. dated 19/11/2002. the expert did not investigate the reasons behind the unfortunate happenings, although the appointed expert and the Government business follow-up commıssıon declared to court the imposibility to enter to the factory to collect updated fınancıal documents and relevant informatıon because of forcefull occupatıon. The economic commissıon and enforcement controller (expert) had to rely on a ex-financial status dated 30th june 1999 in which has no objective juridique value, as our companıes contunied the Productıon & Financial activities until 15.2.2000.The expert ignored the payment of 8750000 T.D between 30.06.1999 & 31.12.1999 and the payments of 378000 TD Durıng 2000 & 2001 a total of 1253000TD paid to operating expenses & outstandıng debts includıng the debt to CNSS,the workers salarıes of 400000TD The Bank Habitat of 4500 TD. Unfortunately the court’s bankcruptcy VERDİCT grounds on a outdated ex-financıal fıgures of 30thjune 1999. ( Please refer the fınancial data sheet of 30.06.1999) and the final decision ) Although We had two court decisions in our favour dated 16.08.2000 here below the content of the decision of the President of the Court of Primier instance - Sfax : Verdict No.8586 I Najet boulila the president of the first instance court of Sfax after the checking of the demand and the reasons and the articles 213 and the article number 19.05.95 amended on the law on 15 of july 1999 we permitted to stop the execution against the demande of the payment of a debt to make the legal arrangement procedures against her according the decision dated on 5 of june 2000 under the number 73 until the end of these procedures. Signed and sealed by President of the Sfax court NAJET BOULİLA dated 16.08.2000. however the bloque of the unfortunate FORCEFULL OCCUPATION of our factory contunied . On the other hand the CNSS claim of 343002 TD and claim of Bank BH. of 4550 T.D debt are already paid during 1999,2000, 2001. (some outstanding debt of CNSS agreed to pay by instalments.) The opening of judicıal procedures none juridique and baseless. Another court decision in our favour is dated 19.06.2001 to continue our activities here below content of (Affaire de reglement judiciaire No73 - Audience du 19.06.2001) La chambere a decide le renvoi de l’affaire a audience du 03/07/2001 afin de permettre au representantde la societe d’etablir une liste nominative de ses ouvriers elus a reprendre le travail et de charger l’expert Abderraouf Ghorbel de les contacter et de recueillir leur accord pour la reprise du travail contre leur renoncement a l’indemnite pour licenciement arbitraire qui leur a ete accordee en vertu des jugements rendus en leur faveur a l’encontre de la societe. Le representant de la societe est egalement autorise a recruter de nouveaux ouvriers,en nombre suffisant,afin de permettre ala societe de reprendre son activite.L’expert Abderraouf Ghorbel est tenu de produire la liste des ouvriers don’t embauche a ete retenue conformement a la procedure indiquee pour la reprise de l’activite. Regardless our exports re-bloqued (11.09.2001) and our Factory re-occupied forcefully as proved by official Notar attestations and attestation of Director Regional of A.P.İ. (Agence Promotion of İndustry ) We have informed in writing the local authorities and to H.E. Governor of Sfax and our Avocat Mr. Abdulmajid Abouzid appealed to the Hon.Procurur General of Sfax and made the below mentioned LEGAL complaints. Regarding impeachment of our legitimite rights to produce. Wibotex S.A. & S.S.C S.A. Complaints to the procurer General of Sfax Complaint reference Nr. Date Against Subject remarks 20254/7 29/01/01 Group of workers Negligence of work freedom - 29/01/01: the judicial police of Sfax El Madina - 28/4/01: preserved because of non knowledge of the criminal 23924/7 14/06/01 All disclosed by the Search Negligence of work freedom - the judicial of the city for interference and statement - on 01/09/01 the judicial given us the results of your works for the subject - Recall the date 05/09/01 - preservation after the interference on 29/09/01 25680/7 11/08/01 All disclosed by the Search Robbery - on 12/09/01 the judicial police in the city for the search 25788/7 16/08/01 Hassan ABDULLAWI Robbery - on 31/08/01 the North judicial police for the search and review - read on 15/10/01 26624/7 12/09/01 Fouzia KATTARI and all with her Negligence of work freedom - the judicial police for the search The symbol of first National Economic monument (The first exportrice company in the Region) SSC S.A. (Ex-Winnen Borgi) is in process of unfair, unjust ,unreal bankruptcy process since mid 2000.Our companies provided employment opportunities for 420 Tunisian Brothers and sisters since 1973.Contributed to the World economy. Our Companies Located in the Free-Zone & Enjoyed %100 exportrice Status since their foundation. Where strike, disturbance and bloque of exports are prohibited by Tunisian Law. Regardless employees slowed down the production observed many days illegal strike and on 15.02.2000 Forcefully Occupied the Factory and its premises. The employees suddenly stopped their work and abandoned 1578 pc. of garments on the production line and bloqued exportation of 4th lot 2800 pc of Military garments destined to Ministry of Defence (M.O.D.) of France.One of the responsible person of all above mentioned irregularities and theft..Hassan Abdullawi has been condemned to five years on his absence definitive imprisonment by the criminal court of Sfax. The final verdict against H.A. Dated 3.02.2005 file Nr. 1707 clearly states the unfortunate chaos and unfortunate behaivor of workers,bloque of exports and the misconduct Similar to above mentioned situation The proceedings against our Companie Wibotex started on 25.04.2001 by CNSS lawyer F.Jammousi. claiming none payment (*) of 157000 T.D. The claim based on a half page simple computer print-out paper.The amount consist employer contributıon ofcomplete year of 2000. Please note our factory is under FORCEFULL occupation during 2000.Furthermore our companies paid to CNSS on 4.5.2000 in the amount of 53800 T.D. and on 24.09.2001.in the amount of 30000 T.D ( the mentioned payments has not been considered by the expert.) The above proves the announcement of bankruptcy, bloque of our account, and the demand of C.N.S.S. is baseless.Also we have an attestation signed and stamped by the CNSS authority dated 12.05.2000 which attests None existence of any debt of wibotex to CNSS. Salaries of all the employees were paid on time for the complete year of 1999.( Regardless slowing-down the production, absenteeism, and the strikes ,The Anomalies & chaos has been reported to Sfax Work Inspection, Governorate of Sfax, Agence Promotion d’l’industrie and to Union General of Workers (U.G.T.T.) & to S.O.S. Department of Tunisien Mınıstry of İndustry.(Mr.Habib Bel Hadj) We have delivered all the information and the official documents to Tunisien Ministry of Industry, Ministry of International Co-operation & Investment and to following lawyers & semi-governmental institutions and asked for assistance to find a win to win solution and to prove rule of law. H.E. Mohamed Nouri Jouini : MinisterMinistry of International Cooperation and foreign investment 98 Av. Med.V. 1002 belvedere - Tunis Mr.Noureddine Zekri (Diirector General) z.noureddine@mdci.gov.tn (Mr.Nouredine Zekri Director of Agence Promtion d'Industry)He knows our case since 2000. H.E.Mondher ZNAIDI Minister of Industry - TUNISIE (He knows our case since 2005) Our Minister has communicated him & delivered our file. During his official visit to Turkey. H.E.AFIF CHELBI Minister of Commerce ; TUNISIE ( He knows our case since 2005) Our Minister has communicated him and deliverd our file during his official visit to Turkey Mme.Mongia KHEMIRI Director General Foreign investment Promotion Agency. ( FIPA) Foreign investment promotion agency – TUNIS she knows our case since 2001 Ahmed Ben Arfa Cooperation International 8 rue Louis Braille 1002 – Tunis Fathi Gargouri D.G. Chamber of Commerce- Sfax Rue lieutenant Hammadi ccis@ccis.org.tn Thameur Bouraoui D.G.Chamber of Commerce - Tunis city- Tunisie 1 rue des entrepreneours 1000 Tunis -Thameur Bouraoui e-mail : ccitunis.dg@planet.tn KhélilBelhaoune President Dir.Gral.C.N.S.S.49Av.TaiebMhiri1060 unis CNSS.DG@email.ati.tn Lotfi ben arab Dir.Gral.A.P.I-Sfax 1 rue bejaya 3000 Sfax dr.sfax@api.com.tn Férid Tounsi Président & director General Centre de promotion des exportations CEPEX Centre urbain nord BP 225-1080 Tunis - Cedex ftounsi@cepex.nat.tn H.E.Mo n d h er ZENAIDI Ministere d’Commerce et d’Artisanat Excellency, 05.05.2007 İt is great honor and deep emotion that we are writing to your excellency.We appreciate your prompt reflectionAnd effort during our meeting in Izmir and in Tunis city.Upon your recommendation we have communicated to honorable Govorner of Sfax ,dated 19.09.2005 to solve the dispute effectively.Unfortunately our letter remained unaswered.We would like to re-address to your excellency , in order to clarify illegal practices against our companies in Sfax And to declare new evidences revealing the seriousness of the situation. Wibotex S.A and Sfax Special Confection S.A. were located in Free – Zone area and benefited from the rights arising from being in the status of 100% exporter since their foundation 1987 & 1973 respectively. As you know, according to Tunisien law, in free –Zone areas the strike and any kind of slowing-down the work are prohibited. However,the workers slowed-down the production and maintained strike.Occupied the Factory in Sfax and prevented the exportation of the 4th lot of 3000 pc .Military Garment. Without any legitimite reason.Please kindly note that the strike and occupation obviously violates the Tunisien Law. Unfortunately, on 15.02.2000 the workers forcefully occupied the Factory and did not finish the production of 1572 pc. of uniforms.Which are manufactured for Ministry of Defence of France. The exportation of above mentioned 4th lot of 3000 pc. of Uniform specifically important as it was the Payment lot of all the three lots previosly exported to the M.O.D.of France. Mr.Hassan Abdullawi , as a responsible and provocateur of above mentioned strike and occupation,has been sentenced to 5 year imprisonment by the criminal court in Sfax , but we learned that he is fugitive and living in Zurich , Switzerland for the time being. As a result of above facts Wibotex S.A and Sfax Special Confection S.A. could not pay the workers wages of January 2000.Who were in an illegal strike that prevented the production and exportation.Nevertheless Wibotex S.A & S.S.C.S.A. are known to be good standing companies which dully fullfilled their Legal obligations including the workers wages since their foundation. Following the caos & crisis caused by the workers those workers,during their strikes ,claimed non-payment of their wages before the court. C.N.S.S. claimed bankcruptcy of our companies for non-payment of social security premiums Although our temporarly financial trouble is created by the unlawfull strike and occupation of the workers.Moreover the claim of C.N.S.S. based on legally none proven claims dated mid june 1999. At this point, we would like to underline that Wibotex S.A and S.S.C.S.A has signed an agreement with C.N.S.S.on 19.12.1999 and 22.12.1999 to pay it is outstanding debts by instalment.Paid 84000T.D.during 2000 & 2001. İn fact C.N.S.S. owes to Wibotex S.A. As far as we learnt,the relevant court of first instance decided our companie Wibotex S.A. bankcruptcy.The decison was published in official journal Nr.43 dated 26 feb 2002 accordingly the bankcruptcy decision our bank accounts in S.T.B. bank were frozen. Surprisingly ,advocate Sami Elleouch,who is the legal counsel of Tomtex S.A (one of our competition company) acted as if he was our Legal Counsel and attended in some hearings on behalf of Wibotex S.A.Without any legitimate power of attorney and any aothorization from us and our companies.Please note that our legal counsel was Mr.Hisham Ben Amira and any acts of Mr.Sami Ellouch constitutes conflict of interests and shall not be bounding for us our companies , Wibotex S.A / Sfax Special Confection S.A. before any courts. On the other hand,we have been informed that Mr.A.Ghorbel,the liquidator appointed by the relevant court,had sold all the movable assets of both companies including hi-tech machines, finished and semi-finished uniforms tissues,accessories,spare parts etc.on may 4th.2005. We regret to declare that the selling movable assets of our companies had constituted very important irregularity since Mr.A.Raouf Ghorbel was only aouthorised to prepare a report on the liquidation conditions (‘Cahier d’charges’)of the companies but not to transfer the assets of the companies as stipulated in the court decision,in otherwords,Mr.A.Ghorbel exceeded and breached his duty and authority by selling movable assets seperately Please note that the mentioned actions of the liquidator also affected the financial situation of our companies adversely. As far as we learned,all our movable assets had been sold to our competition TOMTEX S.A. and to some of our ex-workers at extremely low prices total .income from the sold assets is only 489000 T.D. You may easily understand that it was a conspiracy handled by our competitor, our workers and some other Local influential men in Sfax and consequently they pushed our companies to bankcruptcy,even if we did not have any financial difficulty.(See attached report of Prof.Samir Kolsi) and real blance report of our companies. As being foreign investor,we were informed that the rescue of the companies that are in finacial trouble for any reason is required in accordance with the Tunisien Commercial Code; and again ,the bankcruptcy procedure should be stipulated as the final solution. in fact our companies were not in a financial difficulty at the time of their take over. Excellency; Despite the bankcruptcy we appealed in Sfax to appeal court and as far as we know our application was accepted nevertheless we could not reach sufficient information about the legal process regarding our companies,since we are non-resident investor and it is difficult to overcome bureacratic and local obstacles. We would like to only resume our exportation fromTunisie toEuropean countries by re-employing well-qualified Tunisien workforces and transfering high-technologies to your country.if the relevant court abrogate the bankcruptcy decision and return us the management rights of Wibotex S.A.and Sfax Special Confection S.A. We are ready to take all the necessery steps to provide all our financial credibility and make necessery new investments and re-equip the factory with high-tech equipments. We would like to once more declare that we , as the current share holders and former management of the Companies,are not in any financial difficulty that avoids us from taking the necessary preacautions on behalf of our companies and we are capable and willing to take the management of the companies in Sfax. We frankly believe that your intervention and support is essential in order to re-operate Wibotex & S.S.C. and turn it as value to the economy of Tunisie. Best regards. Erol Yeğin Furthermore we have communicated the following Government instititions and Tunisien ministeried during past 10 years and seeked help. 1. Rapid Poste EE024811604 3.11.2001 2. “ “ EE025773037 1.11.2001 3. “ “ EE025892516 15.11.2001 4. “ “ EE025892520 1.11.2001 5. “ “ EE026010345 9.11.2001 6. “ “ EE026004870 10.11.2001 7. “ “ EE21976640 18.02.2002 8. “ “ EE21976621 18.02.2002 9. “ “ EE21976618 18.02.2002 10. “ “ EE21976581 18.02.2002 11. “ “ EE21976604 18.02.2002 12. “ “ EE21976595 18.02.2002 13. “ “ “ EE026496539 16.01.2002 H.E.Kurşat Tüzmen 03.12.2003 Sn.Rona Yırcalı 21.06.2004 H.E Embassy of Tunisie Consul General 20.06.2004 14. H.E.Kürşat Tüzmen 21.06.2004 15. Honorar Consul of Tunisie .N.Sabuncu 16.01.2004 16. Embassy of Tunisie 20,06.2004 17. H.E.Kürşat Tüzmen 21.06.2004 18. Honorar Consul of Tunisie Sn.Nuri Sabuncu 16.01.2004 19. H.E.Mondher Zneidi 30.01.2008 20. H.E.Afif Chelbi 30.01.2008 21. H.E.Zine Abidine Ben Ali 30.01.2008 22. Mr.Lotfi ben Arab (A.P.İ- Sfax) 30.01.2008 23. Themeur Bouraoui C.O.C- Tunisie 05.05.2007 24. H.E.Mondher Zneidi 05.05.2007 25. Sn.Hilmi Dedeoğlu 19.07.2007 26. Sn.Abdullah Gül 24.03.2008 27. Sn.Ali Babacan 24.03.2008 28. Sn.Recep Tayyib Erdoğan 24.03.2008 29. H.E. Afif Chelby 30.10.2008 30. H.E.Mondher Zneidi 30.01.2008 31. H.E.Afif Chelbi 30.01.2008 32. H.E.Mondher Zneidi 30.01.2008 33. H.E.Afif Chelbi 30.01.2008 34. H.E.Zine Abidine Ben Ali 30.01.2008 35. Mr.Lotfi ben Arab (A.P.İ- Sfax) 30.01.2008 Themeur Bouraoui C.O.C- Tunisie 05.05.2007 36. H.E.Mondher Zneidi 05.05.2007 37. Sn.Hilmi Dedeoğlu 19.07.2007 38. .Abdullah Gül 24.03.2008 39. Sn.Ali Babacan 24.03.2008 40. Sn.Recep Tayyib Erdoğan 24.03.2008 41. H.E. Afif Chelby 30.10.2008 Furthermore to prove our innocence we’ve approached to following lawyers to defend us in the courts. NAME Address Phone Fax Maitre CHOKRI SMAOUI Imm. Taparura B/Blok-2 Sfax 74223260 74220260 Av.D.Bollecker - Strasburg 11 a,rue du Fosse Treize F-67000 0388151420 Av.tSalaheddineCaid Essebsi 14 Av. Alain Savary 1002 - Tunis 71785611 717833913 Maitre HAJER LARUSSI 61 Av. Hedi Chaker Sfax 74212215 Maitre Abdulmajid ABUZID 62 Av. Hedi Chaker Sfax 74223119 Maitre Ben Amira HICHEM 39 rue Eljaich Imm. Ledhar - Sfax 74229894 Maitre A. Ahmed Turki 5 Av. des Nations Unies - Tunis 71342145 71344776 Maitre Rebii Bedreddine 55 Av. de. Paris – Medina Palace Tunis 71252184 71339874 Maitre Farhat Toumi Rue Habib Mazoun im. Charoun 74220774 74211842 Maitre Loussaief Habib 3 rue patrice Lumumba 3000 Sfax 74225009 7420037 MaitreA. Besma(Abconcult) Rue 68 Ferhad Hasmi 3eme.etaga Tunis 71338852 Maitre Lamjed Nagati Rue 8002 Espace – Tunis Block H/4 Tunis 71950914 71950837 Maitre Anas Mnasser 17 Av.des Etats Unis d’Amerique Tunis 71282928 7128292 Maitre Chokri Smaoui is the legal lawyer of the Companies S.S.C. S.A. & Wibotex S.A. during the mishapennings (Strike –Bloque of Exports Absentisisim, theft, etc. . (See the NOTAR attestations) Mr. Chokri Smaoui – Mr. Didier Bollecker – Mr. Salahaddine Caid Essebsi should have stopped all the irregularities during 1999 & 2000. In fact the decision of the court allows (permit) us to continue to work but the workers re-seized the factory and re-bloqued our export without a reason. Lawyer Mr. Ben Amira Hichem has done his best to save the companies but he could not continue. So we had to consult Lawyers H. Larussi – Abuzid – R.Bedreddine –Farhat Toumi –L.Habib-ABesma (AB consult) to assist us.Unfortunately it seems a hidden influential power trying to bloque the justice. Despite our positive achievement to secure 420 job posts of Tunisien brothers and sisters by preventing the closure of the Economic Monument -Syphax Special Confection S.A & Wibotex S.A-Sfax during 1996. As being a multınacıonal foreignTurkısh investor in Sfax instead of be honoured and be protected unfortunately we have been dramatically punished. Our companies declared bankcrupt per claim of the CNSS without concrete objective proves. Our Companies located in Free-Zone (loi 72 ) area and enjoyed 100% exportrice status since it’s foundation (1973) and 1987 respectively ; where strike & disturbances prohibited by law ; Regardless employees breached the law.The employees slowed-down the production and observed many days of illegal strike,and bloqued the 4th lot export (Authorised by costums of Tunisie and M.O.D of France destined to Ministry of Defence of France and on15.02.2000 the employees forcefully occupied the factory and abondoned 1574 semi-finished uniform on the production-line . The exportation ofabove mentioned 4th lot was specifically important as it was the payment lot of export of the previously exported three lots. One of the responsible person of all above mentioned irregularities A. Manager Mr. Hassan Abdullawi has created caos in the company and stole aprox 75000 T.D. and has been sentenced to 5 year imprisonment as per decision by the criminal court in Sfax but he’s Fugitive. Here below please find the decision of the penal court – Sfax REPUBLIC OF TUNISIA MINISTRY OF JUSTICE AND HUMAN RIGHTS COURT OF FIRST INSTANCE OF SFAX Number of the suit: 1707 Date of judgment: 3rd of February 2005 God be praised! The Penal Division of the Court of First Instance of Sfax convened publicly on the 3rd of February 2005, presided over by Mr. Mongi LIMAM by delegation, the counsellors Mrs. Hayet CHAABEN and Mr. Abdelkarim JOMAA, and the judges Mr. Hatem WARDA and Mr. Mohamed SGHIR undersigned and assisted by the clerk of the Court, Mr. Ali NASSER, has passed the following criminal judgement: The General Right: On the one hand The Suspected: Hassan son of Ali Ben Hadj Chihi ABDULLAWI and Mabrouka AGHIRBI, born on 23rd of March 1964, his job is public works contractor, residing in Route de l’aeroport klm 1, Elhwaza - Sfax In Escapement Situation His delegated the barrister Ahlem KAMMOUN: On 1999, the accused commit on purpose the crime of treachery described and defined and the punishment of the criminal in accordance with the article 297 of the Penal Code. On other hand PROCEDURES By virtue of the session dated 31st of December 2004, the accused has not attended and he has referred to the escapement situation.The Court demands a judgment in accordance with the escapement situation. The barrister Mrs. KAMMOUN has attended. Then the suitcase is retained to the end of the session for deliberation and passing the judgement. After the legal deliberation and the obtaining of the most defined in the article 162 of the Code of Penal Status, the court has pronounced publicly the following: THE COURT 1/ Concerning the refer: Whereas the Division of Accusation in the Appeal Court of Sfax has referred the accused by her decision number 16049 to pass judgement upon his for the commitment of the crime of treachery in accordance with the article 297 of the Penal Code, and the right of pursuance is continued. 2/ Concerning the acts: Whereas the searches concerning the action had started according to the complaint dated 31 July 2001 from Mr. Abdelmajid BOUZID in the right of his delegates; the tow companies WIBOTEX and SIFAX SPECIAL CONFECTİON against Hassan ABDULLAWI which is appointed on September 1999 by the companies to work as a General Manager. In the end of 1999, the financial situation of his delegates has deteriorated, so the legal agent Mr. Erol YIGIN has reviewed some accounts and papers related to his activity, this shows that Hassan ABDULLAWI has managed in several financial amounts without permission for himself, and the find of many documents and imaginary invoices. Several examples show the robbery of Hassan Abdullawi of money amounts of the company. First, the spending of 1500 dinars in title of air conditioning equipments spending for the administration but is not true. Second, the spending of 3000 dinars in title of equipment of the office if the General Manager President but he has bought an ancient office not surpasses 500 dinars. Third, he has travelled to Germany and he has spent 3000 dinars without relation of his work. Forth, he has spent 8000 in title of advance for a study and engineering office and 2000 dinars in title of security agents payments, also he has withdraw an insurance contract between his delegates and Tunisia Insurance Group and he has thieved an amount of 2906.898 dinars demanding a law-suit for the right of his delegates and with reference to the mentioned complaint the Public Police of Sfax has allowed to make a primary search and decided to open an investigation related to this subject and it begin the present suit. Whereas the legal agent of the two damaged companies in the present suit WIBOTEX and SIFAX SPECIAL CONFECTİON, sized in Avenue 19 Août, Sfax – Boudirière 1 – limited companies, specialised in the Ready-to wear garments, Mr. Erol Son of Mohamed Ben Ali Ben Adel YEGIN has declared to the searcher that he has appointed the accused Hassan ABDULLAWI to administrate the SIFAX SPECIAL CONFECTİON Company according a power of attorney from the 1st of September 1999 to the end of December 1999, because of his permanent travel to Tunis, Turkey, Germany and France for representing the companies. After the end of the year, he has made the inventory of the company and the checking of the spending money so, he has noticed that the accused Hassan ABDULLAWI has robbed an important amount of money at about 70 000 dinars, and when he has asked about the missing money, has inform the claimant that he spend it for the company without demonstrating detailed invoices and without showing the purchases. The plaintiff has called immediately the accountant Mrs. Dorra BAKKOUCH which shows the spending documents signed by Hussan ABDULLAWI dated all 18th of November 1999 which is 11 documents for the sum of 48 000 dinars but le rest of the amount is not findable. And he has annulated the insurance contract between the company and the insurance company against the robbery and the incident for the exploitation of the insurance amount showing that the named Anis CHAKROUN has signed the cheque and the draft of the amount with the demand of the accountant of the company Mrs. Dorra BAKKOUCH and the giving of the amount to Hassan ADBULLAWI to spend it for the company concerns as the CNSS needs, the salaries of the workers, the financial returns and so on. The amount rested whit him shows that the company has stopped the work because of the non payment of the salaries of the workers which had struck to work and had prevent the reprehensive of the company to export the merchandise abroad and the entry of anybody to the company, this is due to the mismanagement of the accused Hassan ABDULLAWI either his conduct with the workers or the non payment of their salaries. It has impossible to lessen to Erol YEGIN in the investigation because he hasn’t assisted in spite of the invitation according to the law.Whereas the witness named Dorra Daughter of Mohssen Ben Ahmed BAKKOUCH has declared to the researcher that she works an accountant in WIBOTEX and SIFAX SPECIAL CONFECTION specialised in the Ready-to wear garments, and this company has appointed the named Hassan ADBULLAWI as its director and he remained administrate it because his owner moved from Tunis to Turkey and Germany and the owner of the company permitted him to manage the company. She added that the named Anis CHAKROUN is the responsible of the signature of the cheques and the draft of the amounts of money from the bank and when the accountant demands to Hassan ADBULLAWI the method of the spending of these amounts and she known that the drawn money from the bank is without invoices, so she has demanded of his to sign documents showing the expenses and he has signed 11 invoices including at about 48 000 dinars, and after the signature of the invoices it showing that the accounts of the company are not lacked confirming that the accounts of the company after the signature of the invoices by Hassan ADBULLAWI are not lacked. It has impossible to lessen to Dorra BAKKOUCH in the real judgement in spite of the invitation according to the law. Whereas it has impossible to interrogate the accused Hassan son of Ali Ben Hadj Chihi ABDULLAWI because of the escapement. Concerning the law: First in the public action: Whereas it is concluded that the accused Hassan ADBULLAWI has appointed to work in the two companies WIBOTEX and SIFAX SPECIAL CONFECTİONION on September 1999 as a General Manager according a power of attorney. But by the review of the accounts of the two companies by the legal representative, he has noticed that there is lack of money at about 70 000 Tunisian Dinars. In accordance with the article 297 of the Penal Cote, “it shall the punishment by the 3 years’ imprisonment and the payment of 1 000 Tunisian Frank, the person which rob or spoil or try to rob or spoil documents or money or goods or quittances or other documents including agreement only given with rent or representation or lend or for a specified work with remuneration or not in condition of return it or the use in specified thing on purpose the damage of his owner or the managers.The 10 years’ imprisonment, if the accused a representative or employee or daily worker of the owner of the robbed thing or tutor or honest”. Whereas the crime of the mentioned article provided thee primary conditions are the existence of a contract of the Honesty contracts defined in the mentioned article, and the necessity of the delivery of the thing subject of the crime. Whereas it has confirmed that the accused in relation of work with the tow damaged companies in accordance with the power of attorney added in the file. Whereas it has proved by the action searches that the robbed money by the accused is owned to the two damaged companies because of his temporary mission. Whereas the robbery is confirmed by the declarations of the legal representative of the two damaged companies.Whereas the accused has damaged the two companies on purpose by the robbery of its money without any right.Whereas the punishment became more severe because of the accused is the representative of the tow damaged companies.Whereas the elements of the crime are provided and the strong contexts confirming its relationship to the accused. Whereas the legal charges should be paid by the accused because of the judgement pronounced against him of the conviction according to the article 191 of the Code of Penal Status. FOR THE ABOVE-MENTIONED REASONS And according to the foregoing and according to the articles 162 and 191 of the Code of Penal Status and articles 297 and 53 of the Penal Law and after deliberation the court has passed the following: The court passed a judgment of five years’ imprisonment absently to Hassan son of Ali Ben Hadj Chihi ABDULLAWI and the legal costs should be paid by him and considered him in the Escapement Situation. Done on the same day Syphax Special Confection case file No.73 dated 12.05.2000 The court’s bankcruptcy verdict of .S.S.C (file No.73) based on outdated ex-financial figures of 30.6.1999 which has no juridique value,as our companies contunied to the production and paid all the outstanding debts between 30.06.1999 /15.02.2000. including all employee salaries &other operating expenses&parly to C.N.S.S. Here below please find the cheque expedition list between 1.7.1999 – 15.11.1999 Cheque Nr . Date/Explanation / Amount (Tunisien Dinar) 181255 1.7.1999 725.831 181256 1.7.1999 725.831 181257 6.7.1999 68035.737 181258 8.7.1999 203.000 181259 8.7.1999 206.000 181260 SSC 8.7.1999 Salarie 63873.860 181261 8.7.1999 24541.500 181262 8.7.1999 4000.000 181263 8.7.1999 2000.000 181264 9.7.1999 2211.900 181265 9.7.1999 171.588 181266 9.7.1999 112.400 181267 9.7.1999 461.376 181268 12.7.1999 500.000 181269 12.7.1999 340.000 181270 14.7.1999 1541.413 181271 14.7.1999 3008.300 181272 14.7.1999 1364.082 181273 15.7.1999 225.000 181274 16.7.1999 435.744 181275 19.7.1999 4602.821 181276 CNSS 22.7.1999 13409.509 181277 CNSS 22.7.1999 21260.522 181278 İmpot 26.7.1999 1668.346 181279 26.7.1999 4139.278 181280 27.7.1999 1015.415 181281 27.7.1999 1984.790 181282 27.7.1999 750.200 181283 3.8.1999 500.000 181284 4.8.1999 2000.000 181285 4.8.1999 2000.000 181286 4.8.1999 2000.000 181287 4.8.1999 2000.000 181288 4.8.1999 708.333 181289 4.8.1999 708.333 181290 4.8.1999 708.333 181291 4.8.1999 708.333 181292 holıday payment 6.8.1999 Employee 14573.500 181293 31.8.1999 720.659 181294 1.9.1999 1148.818 181295 Annule 181296 6.9.1999 2000.000 181297 Annule 181298 Salarie 6.9.1999 18572.700 181299/300/01 Annule 181302 Nous meme 8.9.1999 43000.000 181303 Annule 181304 Nous meme 10.9.1999 96000.000 181305 Annule 181306 1.10.1999 28000.000 181307 Salarie 14.10.1999 70649.057 181308 15.10.1999 1555.937 181309 Phone 15.10.1999 375.360 181310 Phone 15.10.1999 541.620 181311 Salarie 15.10.1999 22350.400 181312 Nousmeme 15.10.1999 5000.000 181313 Annule 181314 Construccion 16.10.1999 1000.000 181315 18.10.1999 3200.000 181316 25.10.1999 3000.000 181317 Eau /water 25.10.1999 799.800 181318 Eau /water 25.10.1999 628.700 181319 25.10.1999 539.252 181320 25.10.1999 1843.700 181321/2/23 Annule 181324 Salarie 15.11.1999 86095.516 Unfortunately The Expert Abderrouf Ghorbel İGNORED all above payments of aprox 1345000 T.D. ( He is the Government Commissier of our companies he has all update financial datas.) As informed CNSS claim of 30.06.1999 has no juridique value as our companie SSC s.a signed a instalment agreement on 20.12.1999 duly signed and stamped here is the content of the C.N.S.S. instalment agreement. 20.12.1999 C.N.S.S. İNSTALMENTS AGREEMENT : Je soussigne (e) SYPHAX SPECİAL CONFECTİON coup couture agissant en qualite de Gerant ÖZKAN LEYLA affilie(e) sous le numero 46145 reconnais etre redevable envers la CAİSSE NATİONALE DE SECURİTE SOCİAL ………………………. de la somme de deuxcent trece mille cinqcent neuf dinars 457 milimes ……………………………… 213559,457 dinars ) saouf erreur ou omission,representant des redevances de 213356,772Dinars en principal 0,000 en penalites et 200.635 Dinars en frais arrete au 20/12/1999 et relatives aux trimestres 4/88 -- 3/99 et ce sous reserve d’eventuelles insufficances relatives a la periode sous-indiquee et qui seront constatees posterieurement a la date de l’etablissement du present engagement. M;engage a regler ce debit comme suit : - Un versement au comtant de****21333.877 Dinars - Le solde pour un montant de***192333.580 Dinars payable conformement a l’echeancier suivant : Echeance Montant Echeance Montant Echeance Montant 20/01/2000 5339.543 20/01/2001 5339.543 20/01/2002 5339. 543 20/02/2000 5339.543 20/02/2001 5339.543 20/02/2002 5339. 543 20/03/2000 5339.543 20/03/2001 5339.543 20/03/2002 5339. 543 20/04/2000 5339.543 20/04/2001 5339.543 20/04/2002 5339. 543 20/05/2000 5339.543 20/05/2001 5339.543 20/05/2002 5339. 543 20/06/2000 5339.543 20/06/2001 5339.543 20/06/2002 5339. 543 20/07/2000 5339.543 20/07/2001 5339.543 20/07/2002 5339. 543 20/08/2000 5339.543 20/08/2001 5339.543 20/08/2002 5339. 543 20/09/2000 5339.543 20/09/2001 5339.543 20/09/2002 5339. 543 20/10/2000 5339.543 20/10/2001 5339.543 20/10/2002 5339. 543 20/11/2000 5339.543 20/11/2001 5339.543 20/11/2002 5339. 543 20/12/2000 5339.543 20/12/2001 5339.543 20/12/2002 5339. 575 Les penalities 0.5 0/00 dues aux reglements tardits des acheances s’ajoute A la meme echeance. Les reglements restant du paiment des echeances ci-dessus seront affectes Aux trimestes les plus anciens aussi bien en principal qu’en penalities. Je reconnais et m’engage par le present qeu : 1/ Les cotisations relatives aux trimestres posterieurs au present engagement ainsi que cellec decoulant des declerations complementaires deposees pos- terieurement a la date du present et les insuffisances de declerations rele- ances par les controleurs de la Caisse Nationale de Securite Sociale et ….. ………………………………………………………. 2/ Le present engagement est unilateral et n’a pas valeur Juridique novation pour la creances de la Caisse Nationale de Securite Sociales. 3/ Je renonce par la present au benefice de la prescription extinctive de …... qui peut naitre a cour s de l’application de l’echeancier ci-dessus 4/ La Caisse Nationale de Securite Sociales peut proceder aucours de l’eche- ancier toutes les mesures conservatoires necessaire a la sauvegarde de la ………. significations , opposition,etc. …..) Je reconnais que l’inobservation de l’une des echeances ou-de l’une des condi- tions auxquelles j eme suis engage rend le present engagement caduque …. de ce fait la Caisse Nationale de Securite Sociales reprend sa liberte d’…. On / compris …. privation du benefice des attestations contentieuses C.İ.N. No : ……………. Le…. 20 DEC. 1999 Delivree le …………….. Signature legalise et cachet de Signed &Stamped l’entrreprise Because of the insufficiency of the expertise, the court ordered a complementary expertise to determine the fix possessions of the company, and to determine its relation with WIBOTEX S.A company, and the possibility of merging the two companies in order to save it The expert A.R.Ghorbel also ignored the order of Hon.Judge Mr.Sufyan Al – Borgi Here below is the translation of the decision of Hon. Judge Sufyan al – Borgi : The Decison signed by Judge Sufyan Al – Borgi Dated : 11.01.2001 First Instance court Judge Mr.Sufyan Al- Borgi addressed to : Expert Accountant A.R.Ghorbel After reviewing your joiner-Report dated 2.10.2000 submitted to the attention of the court ; We have noticed absence of proper information which might have fundemental direct effect relevant to the case. This is the reason that the court decided : That you prepare a complementary report Your report should include all the information regarding Possessions of the accused (Sfax Special Confection S.A.) (Machines – Equipments – Raw Materials – Land – etc.) Your report shoul also include information relevant to the Business relations of Wibotex S.A.Which use the same location and involves the same type of business activity.Consequently The possibility to prepare a saving plan if a ‘ Fusion’ takes place. We appreciate to receive the result of your report at the earliest convenience. Sign of Judge Sufyan Al-Borgi Regardless The Expert DİD NOT PREPARE real possessions and the Update Report. That’s why the court was based to give its judgment suffered many insufficiencies, and didn’t mention many important facts such as :Imprecision of debts of the company toward others Absence of accountable documents,imprecision of the report of the espert R.Ghorbel regarding possessions of two companies.İmpossibility of getting knowledge of costumary decisions taken against the companies. The expert DİD NOT TAKE in to CONSİDERATİON the following NOTAR attestations English Translatıon of Noter attestation of 10th Sept.2001 Bloque of EXPORT Registered under No. 21551 Official NOTAR Report On monday 10.09.2001 at 10 am, at the request of Syphax Special Confection (Ex WinnenBorgi) and Wibotex Company, in the person of their legal representative Mr.Erol Yegin legally domiciled at Poudriere 1-Sfax . Who informed me that he had already adressed registred letters to 25 ex-employees of the Companıes namely Faten bent hedi damak,sabah bent ameur abdelhedi,Raja bent Hedi jerad, Malika bent Mohamed Chaabane, spouse oudni Rim bent Abderrahmene Louati, Fatma bent AbdallahM”barek,LatifaB.Mohamed Trabelsi,Alya benthassen Zouaoul spouse ben Amour Emma bent Ameour Kharrrat spouse Majdoub,Karima bent Jilani Bouaziz, Monia B Miled Spouse Hakim,Faida ellouz spouse Turki,Ahlem bent Mohamed Haccicha ,Rajebent A.aziza Loouati,Hanene ben Fredj, Mounia bougataya,Rhama bent Ali Kammoun,Sourour bent Hedi Zouari,Faiza bent Mokhtar Abessi,nadia bent Sadouk Ben Abdallah,Hedia Chiboub Mahdoub bent Mohsen Kachouri,Leila bent ahmed larbi,spouse Mahgrebi,Najet bent Arous and Ahlem Lazaz and summoned them to resume work on the above indicated date . He also invited me I undersigned ,to accompany him to the headoffices of the abovenamed Companies in order to check if the employees resumed or not work and record all subsequent Facts in an official report to be used for all legal purposes. İn execution of the applicant’s request .I undersigned Ajili Chafik, bailiff,acting on the resort of the court of first instance of Sfax where I have Office at 79 Ave. Hedi Chaker.,have been to the offices ofthe abovenamed companies where I noticed the presence of more than 50emloye On my request , the legal representative of the companies Mr.Erol Yegin remitted met he list Of employees names whom have been summoned to resume work.having called each of those employees none of them replied .Then the union responsible ,Faouzia Ketariinformed me that all emloyees whom I named were present but refused to resume work , pointing out that they were awaitng for a responsible of the U.G.T.T. (Generel Tunisien Trade Union ) When I was at the administration offices,I heard acclamations which preceded Mohamed Abbas the UGTT ‘s representative who entered the Office of the companies legal represent Erol Yegin accompained by 3 employees namely Faouzia Ketari ,Sadika Kallel H..bouhamed in presence of the lawyer ‘s of both abovenamed companies lawyer Mr. Abdelmajid Bouzid. All of them representative of both companies called on employees not to hinder the exporting operation which thecompany was to accomplish the following day tuesday 11 september 2001 He expounded that this operation would allow the company make profits which it needed that This would help it improve its financial status. He also pointed out that in case this operation was hindered the companies would undergo great losses which would have a very bad effect On their reputation.İn reply ,Mrs Faouzia Ketari affirmed that the employees would do their best to hamper theExportation eperation.Therefore the leagl representative of both companies declared that he was willing to enter an amicable agreement liable to help them setle all pending problems Either with employees or with Mr.Mohammed Abbes of U.G.T.T. in reply Mr. Abbes promised to arrange as soon as possible for a meeting with factory inspectorate or UGTT’s responsables. İn witness whereof , this report was drawn to be used for legal purposes Under all Reservations Signature and seal of the bailiff Wibotex S.A File 87 : Similar to above mentioned situation The proceedings against our Companie Wibotex started on 25.04.2001 by CNSS lawyer F.Jammousi. claiming none payment (*) of 157000 T.D. The claim based on a half page simple computer print-out paper.The amount consist employer contributıon ofcomplete year of 2000. Please note our factory is under FORCEFULL occupation during 2000.Furthermore our companies paid to CNSS on 4.5.2000 in the amount of 53800 T.D. and on 24.09.2001.in the amount of 30000 T.D ( the mentioned payments has not been considered by the expert.) above proves the announcement of bankruptcy, bloque of our account, and the demand of CNSS is baseless.Also we have an attestation signed and stamped by the CNSS authority dated 12.05.2000 which attests None existence of any debt of wibotex to CNSS. Claim of C.N.S.S. against our companie Wibotex S.A (file 87) is not legal. Wibotex S.A and CNSS has agreed a instalment agreement on 22.12.1999. 22.12.1999 C.N.S.S – İNSTALMENTS AGREEMENT Je soussigne (e) S.A. WİBOTEX CONFECTİON DE VETEMENTS agissant en qualite de YEGİN YEGEN EROL (Gerant) affilie(e) sous le numero 110575-25 reconnais etre redevable envers la CAİSSE NATİONALE DE SECURİTE SOCİAL ………….de la somme de (****20889.472 Dinars) saouf erreur ou omission,representant des redevances de **20874.472Dinars en principal ****** 0,000 en penalites et ****15.000 Dinars en frais arrete au 22/12/1999 et relatives aux trimestres ……… 3/99….. et ce sous reserve d’eventuelles insufficances relatives a la periode sous-indiquee et qui seront constatees posterieurement a la date de l’etablissement du present engagement. M;engage a regler ce debit comme suit : - Un versement au comptant de*****2356.000 Dinars - Le solde pour un montant de ****18533.472 Dinars payable conformement a l’echeancier suivant : Echeance Montant Echeance Montant Echeance Montant 22/01/2000 1853.347 ……….... …………. ………… ……….. 22/02/2000 1853.347 22/03/2000 1853.347 22/04/2000 1853.347 22/05/2000 1853.347 22/06/2000 1853.347 22/07/2000 1853.347 22/08/2000 1853.347 22/09/2000 1853.347 22/10/2000 1853.349 Les penalities 0.5 0/00 dues aux reglements tardits des acheances s’ajoute A la meme echeance. Les reglements restant du paiment des echeances ci-dessus seront affectes Aux trimestes les plus anciens aussi bien en principal qu’en penalities. Je reconnais et m’engage par le present qeu : 1/ Les cotisations relatives aux trimestres posterieurs au present engagement ainsi que cellec decoulant des declerations complementaires deposees pos- terieurement a la date du present et les insuffisances de declerations rele- ances par les controleurs de la Caisse Nationale de Securite Sociale et ….. ………………………………………………………… 2/ Le present engagement est unilateral et n’a pas valeur Juridique novation pour la creances de la Caisse Nationale de Securite Sociales. 3/ Je renonce par la present au benefice de la prescription extinctive de …... qui peut naitre a cour s de l’application de l’echeancier ci-dessus 4/ La Caisse Nationale de Securite Sociales peut proceder aucours de l’eche- ancier toutes les mesures conservatoires necessaire a la sauvegarde de la ………. significations , opposition,etc. …..) Je reconnais que l’inobservation de l’une des echeances ou-de l’une des condi- tions auxquelles j eme suis engage rend le present engagement caduque …. de ce fait la Caisse Nationale de Securite Sociales reprend sa liberte d’…. On / compris …. privation du benefice des attestations contentieuses C.İ.N. No : ……………. ………………. le …… 22 DEC. 1999 Regardlaess above mentioned aggreement CNSS ‘lawyer Mr.FJamoussi claimed 157000 TD by presenting a sanal computer print out mulltiplying debts of year 2000 of CNSS prime contribution although our factory in addition to above C.N.S.S İnstalment agreement we Posses the below mentioned attestation .(Which attest none existence of any debt .Please note the attestation dated 5 May 2000. Sfax le , 5 Mai 2000 A T T E S T A T İ O N Le President Drecteur General de la Caisse Nationale De Securite Sociale atteste que : le Societe “ Wibotexé ” Confevtion de Vetements affilie sous le numero 111 575-25 est en regle de sus cotisations En principal souf erreur ou omission. Sans prejudice de droit pour le C. N. S. S. de verifier la regularite , le sincerete et l ‘ exactitude des declerations de salaries. Le presente attestation valable jusque’ au 15 Juillet 2000 Est delivree a l’ interesee pour servir et valoir ce que es droit. P. Le President Directeur General Le chef du bureu Regional Sfax Nord Signe : DADİ HABİB Our appeal for three expert has been rejected . All our written defence papers and all payments ignored .As a result Abderrouf .Ghorbel Published decisıon of bankcruptcy dated 12.02.2002 ( !) for Wibotex S.A in the official journal N°43 dated 26.02.2002 and our money bloqued in STB Bank. Although our appel in Sfax appel court is accepted ,and hearings contunied until final decison on 12.05.2003 where Avocat S. Eleouch attended the audiance in defence of Wibotex S.A. without legitimite assigment and authorization from the shareholders. Avocat Sami Elleouch is the Legal consultant of the competition Tomtex S.A-Sfax He replaced our legal Avocat Hisham Ben Amira in Court Without any authorization and consent of the share holders of Wibotex S.A. Workers Claim : Similar to claim of CNSS The worker’s claim for Indemnization and compensation is not ethic,logic,and is notlegal. As our companies produced peacefully , the salaries of all the employees has been honoured since 1973. Regardless the workers created caos in the companie and bloqued the exportation of 4th lot destined to M.O.D. of France and consequently FORCEFULLY occupeid our Legally owned production company on 15.02.2000. Without any legal reason. The proves are : • Existence of semi finished Garments (1572 pc.) • Existence of Finished Garments Ready for export.The Costum Officials Authorized the export (3000 pc. 4th lot) these garments later sold to Tomtex beacause of fictive bancruptcy • Existence of new order of Military Garments for Min.of Defence of France 325000 pc. • Existence of Notar attestations of contuined strikes and disturbances by the workers. • Existence of Notar attestations of irregularıtıes • Existence of Raw material , tissue and accessoiries. • The final verdict against Hassan abdullawi dated 3.02.2005 File Nr.1707 pages 3rd- 4t hclearly states the caos and mishappenings in our Factory. Bearing mind that our Factory and Land located at the Hearth of the New Taparura Project. Where Investors should be able to Work , Produce ,export and live in Peace. All the copies of explicative official documents & Notar attestations are in possession of : API,CEPEX-FIPA-UTICA-Ministry of Industry,Ministry of Int.Co-operation & investment. Here is the French Translation of the verdicts in our Favour : ( We couldn’t apply the decisıons as our Factory was under illegal siage) AFFAIRE DE REGLEMENT JUDICIAIRE N° 73 Audience du 19/06/2001 La chambre a décidé le renvoi de l’affaire à l’audiance du 03.072001 a fin de permettre au Représentant de la société d’etablir une liste nominative de ses ouvriers élus à reprendre le Travail et de charger l’expert Abderraouf Ghorbel de les contacter et de recuellir leur accord Pour la reprise du travail contre leur renoncement à l’indemnité pour licenciement arbitrair Qui luer a été accordée en vertu des jugements rendus en leur faveur à l’encontre de la Societé. Le représentant de la société est également autorisé a recruter de nouveaux Ouvriers ,en nombre suffisiant ,a fin de permettre à la société de Reprendre son activité. L’expert Abderraouf Ghorbel est tenu de produire la liste des ouvriers dont l’embauche a été Retenue conformément à la procédure indiquéé pour le reprise de l’activité. Audience du 03/072001 La chambre a décidé le renvoi de l’affaire à l’audiance du 25/09/2001 et ce pour : Premiérement : Permettre à maitre Fathi Jamoussi ,représentant de la Caisse Nationale de Sécurité social ,de révéler la suite donéé à la requéte de soumettre la société Wibotex au Réglement judiciaire. Deuxièmement : Permettre au représentant légal de la société civile de reprendre son Activité et ce recrutant des ouvriers soit permi les anciens ouvriers de la société qui le Désirant ou en vertu de nouveaux contrats de travail dont les salaries seront déclarés aupres De la Caisse Nationale de Securité Sociale . La représentant de la société étant tenu de Produire les déclarations indiquées. Troisiémement : Charger M. Abderraouf Ghorbel de constater la reprise de l’activité de la Société et d’établir un etat de ses actif ( équipements ,machines et immeubles ) et faire L’inventaire de ses stocks en matiéres premiéres et articles confectionnées. PROTECTİON of . Human Rights & İndustrial Property C.C.P.R İnternational covenant on civil and political rights Tunisia signed and ratified this convention on 18th of March 1969. The relevant rules : Article 2.paragraph 3.litra a and b “Each state party to the present convenant undertakes ; (a) To ensure any person whose rights and freedoms as herein recognised are violated shall have an effective remedy.Nothwithstanding that the violation has been committed by persons acting in an official capacity. (b) To ensure that any person claiming such a remedy shall have his rights thereto determined by competent judicial administrative or legislative authoriitie,or by any other competent authority provided for by the legal system of the State,and to develop possibilities of judicial remedy ; (c) To ensure that the competent authorities shall enforce such remedies when granted Article 5. paragraph 2. “....2. There shall be no restriction upon or derogation from any of the fundemental human rights recognised or existing in any State party to the present convenant pursuant to law,conventions,regulations or costum on the pretext that the present covenant does not recognize such rights or that it recognizes them to lesser extent.” Article 26 ; “ All persons are equal before the law and are entitled without any discrimination to the equeal protection of the law.İn this respect,the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination in any ground such as race, colour, sex, language,religion,political,or other opinion,national or social origin, property, birth or other status.” There is a reference to Fundemental human rights of which the Universal Declaration of Human rights of 1948 contains the following principles. Article 8 , “ Everyone has the right to an effective remedy by the competent national tribunals for act violating the fundemental rights granted him by the constitution or by the law. Article 17; Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived by his property. Paris Convention Article 1 , litra 1 and 2. The countries to which this convention applies constitute a Union for the PROTECTİON of İNDUSTRİAL PROPERTY (1) The protection of industrial property has as it is object patents,utility models, İndustrial designs,trademarks,service marks,trade names,indicationes of source or appellations of origin,and the repression of unfair competition. Article 25. “ Implementation of the convention on the domestic level Any country party to the convention undertakes to adopt , in accordance with its constitution,the measures necesarry to ensure the application of this convention. İt is understood that , at the time a country deposits its instrument of ratificationor accession, it will be in a position under its domestic law to give effect to the provisions of this convention. *************************************************************************** By the availability of new evidences&to correct a legal error and the need to prevent a historic mistake PRAYER for RELİEF As being foreign investor, we were informed that the Tunisien commercial code bankcruptcy procedure should be stipulated as the final and last alternative. İn fact our companies were not in financial difficulty at the time of opening of the judicial process on 12.5.2000 against S.S.C..S.A and on 21.004.2001 against Wibotex S.A. We consider the unfair decison of bankcruptcy as per above explanations is paralysing human endeavour. İnspite of all the obstacles and by the availability of new evidences & to correct a legal error and the need to prevent a historic mistake inspired with your assistance and in the light of the RULE of LAW we can turn challenges in to opportunities for the sake of our future generations towards development & Co-operation for the benefit of humankind. Yours Faithfully EROL YEGİN-D.G.A SYPHAX SPECİAL CONFECTİON S.A.&WİBOTEX S.A SFAX-TUNİS www.erolyeginadalet.com e-mail. erolyegin@ttmail.com GSM : 00905352027507

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