Sakarya Ferry Trial Underway

In the past weeks, I had a very warm conversation with Aret Taşçıyan before his return to New York. Aret Taşçıyan, who graduated from Middle East Technical University in 1975, began his career in Marine Insurance as a P&I Correspondent and Lloyd's Representative in Istanbul. In response to requests from the Turkish maritime community, he turned to insurance brokerage in 1984.

Aret Taşçıyan was among the first members of the Assembly of the Chamber of Shipping and represented Turkey at the International Chamber of Shipping for several years.

Between 1988 and 1990, he taught Marine Insurance courses in the Master's program of Maritime Business at Istanbul University. In 1991, he evaluated an offer to open the Marine Insurance department of a company engaged in offshore brokerage and moved to the USA with a three-year contract. Later, while managing the New York branch of a British brokerage firm, he joined forces with OMNI in 1996. Throughout his career, he proved to be a highly respected figure in the international maritime insurance world. Aret Taşçıyan, who is passionate about Bodrum and Istanbul, is from Moda.

Frankly, Aret and his wife Meri are considered neighbors as they belong to one of the very old families of Moda.

The court proceedings regarding the sinking of the Sakarya Shiple were published as a book in two separate files. I found these books in second-hand bookstores and conducted extensive research. I summarized my article from the court records and dedicate it to Aret Taşçıyan.

The ship seen at the Galata Pier in the P&I field is the "Sakarya." It was a 2574 GRT steam mail ship built by Blohm und Voss on behalf of Hamburg-Südamerikanische Dampfschifffahrtsgesellschaft in 1889. It entered service in 1890 under the name "Montevideo" (II). In 1914, it was sold to Aslan Sadıkoğlu Mahdumu Şti and renamed "Sakarya." On May 19, 1943, it ran aground and sank 25 miles southeast of Fethiye.

A very rare photograph of Karaköy Pier Street; on the left is the Rıhtım Han, which is now a classic hotel. On the seafacing roof of Rıhtım Han, there is a sign for "Lloyd Triestino." At street level, Lloyd Triestino's Istanbul headquarters is located. The other building is "Çinili Han." The furthest building is Frank Han, or its original name, "Frankyan Han." When viewed from a closer angle, signs for Spido, Dabcovich, and Foscolo Mango will be noticed. These hans currently serve as classic hotels.

In the years when the Galata piers had not yet taken their final shape, the pier was about three meters lower than the road, and it was both very narrow and had barracks, along with a decauville line. The ship seen at the pier is the "Sakarya." While this ship belonged to Sadıkzâde Brothers, Avni Nuri Meserretçioğlu stepped into shipowning by partnering with his relative Aslan Sadıkoğlu.

Due to the sinking of the Sakarya ship on May 19, 1943, a compensation-based lawsuit between Güven Türk Anonim Sigorta Sosyetesi was concluded by the Istanbul First Commercial Court, but the parties appealed, and the case was transferred to the Supreme Court's Commercial Division.

The document titled "Between the Owners of the Sakarya Ship and Güven T.A. Insurance Society" was printed in 1946 at Valentino Printing House to be distributed as evidence to the relevant authorities; a copy is in my archive.

The lawsuit between Güven Sigorta T.A. Insurance Society due to the sinking of the Sakarya ship lasted nearly three years. The court predominantly ruled against the plaintiff shipowners Aslan Sadıkoğlu and Kemal Sadıkoğlu regarding the War Insurance compensation.

This decision was appealed by Aslan Sadıkoğlu and Kemal Sadıkoğlu.

The owners of the Sakarya ship, Aslan Sadıkoğlu and Kemal Sadıkoğlu, were respected families in the Turkish shipping world. Before the constitutional era, they transported kerosene, timber, and other goods between national piers in the Black Sea, Marmara, and the Mediterranean with sailing ships. In 1917, they began passenger and cargo transportation with a 1,000-ton mail ship named Yeni Dünya, which they purchased, and this ship was put into service between Istanbul and Black Sea piers. They named the next ship they purchased "Aslan." The "Yeni Dünya" was sunk by Russian warships near Nevabesa during the war with Russia.

The Sadıkzâde family consisted of seven brothers: Ruşen, Fehmi, Rıza, Aslan, Hüseyin, Nâzım, and Cafer. These brothers managed the company they established, "Sadıkzâde Biraderler ve Şurekası," and served as captains on their ships. The others took on various responsibilities in the office. Unlike the Nemlizâdeler from Trabzon, the Sadıkzâdes, also from Trabzon, completely devoted themselves to shipowning. Some of the crew consisted of relatives of the Sadıkzâdes, which was a common practice among all Black Sea shipowner families at that time.

On the ships they owned, such as Sakarya, Dumlupınar, and İnönü, there were cabins and lounges for first and second-class passengers. Their other ships had fewer cabins and lounges designated for passenger transport.

The special coat of arms of the Sadıkzâde Brothers featured three horizontal red stripes on a white background, with a green anchor on top. This coat of arms was also embroidered on the funnels of their ships.

The company's headquarters was located on the 2nd floor of Sansaryan Han in Sirkeci, Istanbul, and the telephone number was 1234.

Sadıkzâde Aslan Captain, the leader of the Sadıkzâde family, participated in the Militia Forces in Trabzon and Rize during the National Struggle years, joining Mustafa Kemal Pasha's fight. Before the National Struggle years, he fought against the Russian attacks on the Black Sea coasts as part of the local militia organization formed in response. Being adept at braving the fierce waves of the Black Sea and fighting at sea, Sadıkzâde Aslan was known in the region as "Captain Aslan."

He dedicated his entire life to his ships and the sea. He was truly a sea lover from the Black Sea and took great pleasure in spending time on his ships. Over time, the family settled in Beşiktaş Serencebey. The Sadıkzâde Mansion on Serencebey Hill became a place where relatives and official guests gathered for conversation. Today, it is referred to as "Sadıkoğlu Alley." Shipowner Suat Sadıkoğlu's mansion was also located on the slopes of Ortaköy. It was expropriated during the construction of the Bosphorus Bridge.

Aslan Sadıkoğlu, who passed away on November 25, 1982, was the son of Hüseyin Kaptan from the Rize elite and Mehveş Hanım. His siblings were Rıza Sadıkoğlu and Hafize Kolçakoğlu, and he was the older brother of Sadık Sadıkoğlu, Fethiye, and Sedat Sadıkoğlu. His wife was Fürüzan Sadıkoğlu, and his children were Demirhan Sadıkoğlu, Ümran Yalkın, and Canan Sadıkoğlu. He was the brother-in-law of Fuat, Suat Sadıkoğlu, Sudi Sadıkoğlu, and Suzan Çolakoğlu. His funeral was held on November 26, 1982, after the noon prayer at Teşvikiye Mosque, and he was buried at Zincirlikuyu Cemetery.

Sakarya Shiple Case

Written by: Osman Öndeş

At one time, the Turkish private sector shipping was not highly regarded by the state. The real prestige was seen in state shipping companies. This approach had persisted for many years since the rigid state-centric law enacted in 1932, which prohibited Turkish private sector shipowners from passenger transportation.

In the Sakarya ship case, the appellants were Aslan Sadıkoğlu and Kemal Sadıkoğlu, located at Muradiye Han No. 4-5 in Galata. Their representatives were Lawyer Mekki Hikmet Gelenbeg at No. 25 Küçük Parmakkapı Street in Beyoğlu; Lawyer Şükûfe Ekitler at No. 24-25 Taptaş Hanı in Galata; and Lawyer İsmail Kemal Elbir at the 6th floor of Karaköy Palas in Galata.

The other party was Güven Sigorta Türk Anonim Sosyetesi, represented by Lawyer Salomon Adato at No. 5 Nordstern Han in Galata. The response to the appeal filed by the appellants on January 23, 1946, is as follows:

1. The appellants, Aslan and Kemal Sadıkoğlu, loaded over 3,000 tons of chrome from Fethiye aboard the Sakarya ship, which departed for Iskenderun at 05:00 on May 19, 1943, and after sailing for approximately six hours, it ran aground on rocks shown on the map as Jura Bank, which were submerged and therefore not visible.

2. The captain of the ship, Reşat Erkut, made all attempts to float the ship by running the engine in reverse for about 45 minutes, but these efforts were in vain, and the ship broke in half and sank completely.

3. On the day of the accident, Captain Reşat sent two telegrams to inform the shipowners:

The first telegram: "We ran aground at the heel of the Eastern cape of Kalkan at eleven. The ship is taking on a lot of water, and it is likely to slide into the sea from the stern. If you send a rescue and a barge urgently, it may be saved. We have abandoned the ship. There is no means here. Please wire 400 lira. Reşat."

The second telegram: "The ship has split in half. The aft hold is taking on water. The chimney has collapsed. There is no hope for the ship. My condolences. Reşat."

4. Captain Reşat Erkut, in a two-page statement at the Kaş Public Prosecutor's Office, explained the incident in detail, stating that he managed to save the 23 crew members and their belongings, the ship's documents, logs, confidential documents, a lifeboat, the radio telegraph receiver, existing maps, the navigation clock, the barometer, signal books, and a quantity of provisions.

In this lengthy statement, Captain Reşat Erkut explained the cause of the accident as follows: "The weather was calm, and the wind was moderate while I was navigating. I was sailing in an open position between the island referred to as Volos on the ship's map and the western cape of the port of Kalkan, passing in front of İnce Burun.

At that moment, the wind was from the southwest, with a force of 4, and the seas were at 3. The seas and wind were coming from the starboard quarter, increasing our speed somewhat. While I was about a mile off the heel in an open position in front of İnce Burun, I began to bring the ship to port. Just as I was about to clear the heel, the helmsman Refik said the ship was not coming to starboard. Sensing a malfunction in the helm, I ordered the crew to fix it. They checked the engine and steering paths but found nothing. Realizing that the helm was stuck to port and that the ship was heading into shallow water, I ordered full reverse.

With the ship fully loaded and the sea and wind coming from the starboard quarter, it was impossible to stop the ship suddenly, and at 11:00, I ran aground on the heel.

There was a 15-minute interval between receiving the news of the malfunction at the helm and grounding the ship. Approximately when I received the news of the malfunction, I was about half a mile or a mile off the heel. Even though I was half a mile or a mile off when I received the news of the malfunction, hoping to avoid the shallow and hoping to fix the malfunction at the helm, I approached, and just as I was about to reverse and turn, the helm remained stuck to port, and since the speed of the ship did not decrease in any way, with the help of the sea and wind, which had increased further, I ran aground on this heel."

The Chief Engineer Mehmet Şakir provided a statement at the Prosecutor's Office; "I was at the engine room. I was aware that we were passing in front of Kalkan. I don't remember the time. The captain ordered, 'The helm is stuck, it is not coming to starboard, check it out.' The engine was running, and the boiler pressure was 100 lb. I have been working on this ship for five years. There was a similar helm malfunction before, and we could not find the malfunction, and the helm corrected itself. When I heard about this malfunction, I panicked. Based on the possibility that the malfunction was in the steering paths, the helm, or the steering machine, I immediately checked the open areas and had them checked. I found nothing. After that, I received the order to reverse and turn from the captain, and I complied with the order. At that moment, we heard a loud noise and commotion. I realized the ship was grounding."

The statement of Chief Engineer Mehmet Şakir corroborates and reiterates Captain Reşat Erkut's statement. A lookout from the crew assigned to guard against drifting mines, Ahmet Yıldız, described the incident as follows: "I was watching for mines at the bow. About five to ten minutes before the incident, the captain shouted from above, 'The helm is not coming to starboard, check the helm beds.' We looked but found nothing, and five to ten minutes later, the ship grounded."

At the time of the accident, the Sakarya ship was insured with two separate insurance companies against various risks for various amounts. According to the terms of the two insurance contracts, if the Sakarya ship sank due to storm, captain's error, or any malfunction occurring during the voyage, the plaintiffs could only claim 80,000 lira from Anadolu Insurance Company.

After allegedly encountering a mine 45 minutes before the accident, the Sakarya ship continued on its way, and as explained in the first statement, the captain received news of the helm malfunction 15 minutes before running aground. Eleven days after the accident, in the marine report submitted to the Fethiye Court by Captain Reşat Erkut, this impossibility was taken into account. In fact, the captain stated in the marine report that he saw the mine this time at the level of Jura Shoal and that he brought the ship to port to avoid the mine, and the radio operator, who had also testified in the same court, claimed that he had reported the presence of the mine to the public via radio, contrary to his statement given to the Kaş Prosecutor's Office.

The sketch extracted from the General Staff's book titled "Coastal Recognition."

Due to the dangers posed by World War II, despite being a neutral country, Turkish-flagged commercial ships were painted with the Turkish flag to be recognizable. The Sakarya ship looked like the one in the photograph when it departed loaded from Fethiye. Clearly, it was sailing "under wartime conditions" and was under "war risk."

The Sakarya ship, which had run aground and started taking on water in its holds, after signaling its name with the TCCZ call sign, sent the TTT signal to invite other ships to listen to it, indicating that the situation was serious and that urgent action was needed, and requested help with an S.O.S. signal, stating that it was about to sink. The civil court, evaluating the evidence collected regarding the mine and route claims, found that a mine was seen on the starboard bow before the ship grounded on Jura Shoal and that the claim that it ran aground to avoid the mine was not substantiated by the insurance policy dated May 4, 1943, and related to the war risk clause, thus ruling against the plaintiff's case on January 30, 1945.

The essence of the lawsuit filed by Aslan and Kemal Sadıkoğlu's lawyer Mekki Hikmet and Şükufe against Güven Türk Anonim Sigorta Sosyetesi on November 17, 1943, is as follows: The defendant insurance society insured the Sakarya ship, which belongs to the plaintiffs, and since it sank near Kaş on May 19, 1943, they requested the court to decide on the collection of the insurance amount of 265,000 lira, along with interest, court costs, and attorney fees.

The Sakarya ship lies broken in two at a depth of 70 meters. Source: Savaş Karakaş - İz TV.; www.divebubbleclub.co

The essence of the written response provided by the defendant's lawyer states: The plaintiff's Sakarya ship was insured only against war risks, that is, for damages and losses caused by mines, torpedoes, bombs, or other war instruments as stated in the second paragraph of clause B of the war clause attached to the policy, and even if the presented marine report is accepted as true, the alleged sinking of the ship was not due to a mine, and since the war risk covered by the insurance did not materialize, it requested the dismissal of the case and that the court costs and attorney fees be charged to the plaintiff.

The Sakarya ship, which sank by grounding on Jura Shoal, is shown with its starboard anchor. Source: www.divebubbleclub.co; Savaş Karakaş - İz TV.

Decision: According to the insurance policy dated May 4, 1943, and the related war risk clauses, the Sakarya ship, which the plaintiffs had in their possession, was insured for 265,000 Turkish lira against specific war risks while sailing from Fethiye to Iskenderun and was found to have run aground on the heel in front of İnce Burun at 11:00 on May 19, 1943, while passing between the western side of Kalkan port and Volos Island, and after it was understood that the rescue measures were ineffective, the ship's captain Reşat Erkut, with a crew of 23, headed to Kalkan port based on the first statement recorded in the Kaş Public Prosecutor's Office on the evening of the incident... based on all statements and evidence;

It was established that a mine was seen on the starboard bow before

Source: SeaNews Türkiye