Were those responsible for the destruction brought to justice?

A year ago, two earthquakes occurred in the district of Pazarcık in Kahramanmaraş, the first with a magnitude of 7.7 at 04:17, followed by another in the district of Elbistan at 13:24 with a magnitude of 7.6.

The earthquakes affected not only Kahramanmaraş but also Hatay, Osmaniye, Adıyaman, Diyarbakır, Şanlıurfa, Gaziantep, Kilis, Adana, Malatya, and Elazığ. According to official figures, 53,537 people lost their lives, and 107,213 people were injured. The earthquakes caused severe destruction in 11 provinces, 124 districts, and 6,929 villages and neighborhoods.

Neither the traces of destruction have faded nor have those responsible for the destruction been brought to justice.

In the investigations and trials opened, public officials were not accused.

Following the earthquake, we spoke with Lawyer Erdoğan Akdoğdu from the İzmir Branch of the Progressive Lawyers' Association (ÇHD), who went to Hatay after the earthquake and still supports earthquake victims in legal processes related to the destruction, about the legal dimension of the earthquake.

"Dump trucks still carrying our people's bodies"

A year has passed since the earthquake. As ÇHD lawyers, you've been in the field since the first day of the disaster. How do you evaluate the time that has passed, and has the housing problem been resolved?

Disaster is the favorite thing of bourgeois governments. Because this gives them the chance to activate a large-scale repression apparatus. Especially when there is disorganization among social classes and the opposition, this machine works smoothly with its big gears. Unfortunately, this machine has been working since February 6th...

In the earthquake-affected areas, much has been achieved and solidarity has been established through the efforts of left-wing, socialist groups, unions, individual efforts, and the sacrifice of the people. This was a valuable effort against the initial shock. As ÇHD, we tried to be part of this. If we have succeeded, we are happy.

However, it is evident that the problems have not been resolved in the past year. There is a political structure that swallows the camel with both the hidden and open allocations. The sole function of this political structure is to establish power and protect the interests of capital. We are in a country where workers paid 322% more taxes to the bosses in 2023. In this atmosphere, the housing problem in the earthquake-affected areas, the issue of temporary housing, water problem, health-education problem, and the problem of demolitions being carried out without producing diseases are still glaringly evident.

Dump trucks are still carrying our people's bodies. We had proposed the development of an application mechanism within the Union of Turkish Bar Associations (TBB), primarily involving the Izmir Bar Association, and the establishment of coordination with the Ministry of Justice regarding these losses, but it has not been addressed.

We do not have data on how many citizens are missing, and we do not know if the numbers regarding deaths are accurate. Due to more urgent issues, we have not yet been able to pursue these truths.

After one year, we must not believe in "roses and the state on the road to Muş - Tatvan..." [referring to a poem by Turgut Uyar] and we must learn from this destruction. The solidarity of all sections of the people is very valuable, but we must create the energy to bring this together. There is a long road ahead of us to walk on this issue.

"We will stand up for our cases"

What is the situation in the investigations and lawsuits regarding the destruction? Have those responsible for the destruction been brought to justice?

Some cases have begun to be heard. The ISİAS hotel case is one of them, where we lost 72 of our people...

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I believe the responsibility for the destruction and losses needs to be divided into two groups. One group includes the mechanisms responsible for the construction of these buildings, while the other consists of government officials and various chambers.

However, from a judicial perspective, there is a one-legged process dominant in this regard. Only those responsible for the construction of the building were held accountable and arrested. Especially those close to the AKP were quickly released. Some are also being released gradually.

The investigation into the Ilgım Apartment in Antakya, where I am part of the case working group, is one of these cases. The building, which was only three years old, collapsed like a deck of cards, and the belated intervention by the state added insult to injury. A report came from Karadeniz Technical University, which was mind-boggling... Based on the report provided, the contractor was released.

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As seen in the trials of the Çorlu train massacre, Soma and Ermenek mine disasters, the Hendek/Sakarya explosion, the Torunlar elevator tragedy, and those who were killed during the Gezi Park protests, impunity prevails... There may be judges and prosecutors who genuinely want to do their jobs well on an individual level, but this does not change the corrupt and rotten structure of the system. Can there be "independent judiciary" in an environment where the Minister of Justice expresses his views on every matter?

So, what will we do? We will stand up for our cases, for what the judge or prosecutor sees as a case file, is our blood, our lives, our loved ones laid to rest.

"Insufficient evidence collected"

How are the ongoing cases progressing, has an effective investigation been conducted, and how has impunity become apparent?

Unfortunately, an effective investigation was not conducted. We will especially understand this more clearly when the investigations turn into prosecutions. In investigations that proceeded with undue haste, insufficient evidence was collected.

Of course, another aspect of the matter is the urgent opening up of the field for profit-making.

No soil analysis was conducted in the locations where evidence was collected from the buildings, nor were sufficient samples taken from the reinforcement. I mentioned the investigation of the Ilgım Apartment earlier. Karadeniz Technical University (KTÜ) evaluated the case based on the soil analysis commissioned by the contractor and established a "principle of perfection." Can such a scientific study be valid?

KTÜ does not conduct its own analysis, and we do not know if it has the infrastructure to do so. It interprets the analyses conducted piece by piece by the prosecutor's office. However, this task should have been given to more equipped universities like ODTÜ or İTÜ. This is a small picture of how the investigations have been conducted...

"Municipalities, chambers and ministries should also stand trial as defendants"

In our interview 6 months after the earthquake, you mentioned that legally, all technical responsible parties involved in the project and municipal employees with signatures on the project were responsible for the destruction, but investigations were conducted through architects, engineers, and building inspection firms. Has there been any change in this situation?

In our opinion, municipalities, chambers, and ministries should also be among those who need to be put in the defendant's chair. They should be alongside the others on the defendant's chair. However, in Turkey, construction means profit! For profit to thrive, it needs to be shared. Do you think these institutions are not getting a share of this profit?

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"Dispossession" and "indebtedness"

Which legal challenges are the earthquake survivors facing in addition to the destruction?

It seems like one of the heaviest ones will be "dispossession" and "indebtedness." Yes, they will construct this legally, and it has already begun a long time ago. To prevent these, we have held informational meetings in neighborhoods, villages, tents, and mosques. For example, the area encompassing the historic texture of Antakya was declared a reserved construction area.

 There are still losses, and no legal mechanism has been established regarding this.

There are compensation files that will span many years and will be attributed to the earthquake. When it comes to the responsibility of the administration, i.e., the state, the courts will be in favor of the state... This will result in serious grievances. There are also crises with insurance companies facing earthquake survivors... The list goes on.

The legal insecurity of women and children is also one of the major crises.

The rights of prisoners in these regions are still being violated, and problems with accessing their families persist.

"Ill-treatment investigations gathering dust on shelves"

Many incidents involving torture and ill-treatment occurred after the earthquake, and the ÇHD provided legal support to some of the victims. What is the current situation regarding the investigations and cases related to this issue?

Unfortunately, our state is adept at spreading its own fault over time. These investigations are gathering dust on shelves. However, we will continue to monitor the legal processes as the ÇHD.

(AS/PE)