Judicial Fines, Verdicts of Acquittal Upheld in Case of Occupational Homicide at Torun Center

* Photograph: Bülent Doruk / AA

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The court of appeal has upheld the verdict given in the lawsuit filed into the death of 10 workers in an elevator accident that took place at the construction of Torun Center in Mecidiyeköy, İstanbul in 2014.

Announcing its verdict on March 23, 2018, the İstanbul 13th Heavy Penal Court ruled that nine defendants should be each sentenced to 8 years and 4 months in prison on charge of "reckless killing." Considering that "the defendants committed the crime recklessly and had collateral negligence", the court converted the prison sentences into judicial fines of 60 thousand 800 Turkish Lira. 16 defendants were also acquitted by the court.

The 19th Penal Chamber of the İstanbul Regional Court of Justice has upheld this verdict given by the İstanbul 13th Heavy Penal Court.

Upheld verdict to be taken to supreme court

Releasing a written statement regarding the issue, the attorneys of the deceased workers' families have announced that they will appeal to the Supreme Court of Appeals against the verdicts of acquittal and to the Constitutional Court against the judicial fines.

"With this verdict, a part of the judicial process has gone down in history as a judicial homicide", the attorneys have indicated further and added:

"The 19th Penal Chamber, without engaging in any legal discussion, has upheld the 13th Heavy Penal Court's verdict, which is both unjust and troubling the conscience of people. This verdict has once again confirmed that there is no independent and impartial judiciary."

What happened?

On September 7, 2014, an elevator carrying the workers fell from the 32nd floor at the construction of Torun Center in Mecidiyeköy, İstanbul, claiming the lives of 10 workers. The deceased workers were: Tahir Kara, Hıdır Ali Genç, İsmail Sarıtaş, Bilal Bal, Cengiz Tatoğlu, Murat Usta, Menderes Meşe, Vahdet Biçer, Ferdi Kara, Cengiz Bilgi.

The bill of indictment was issued 41 days after the incident. As per the indictment filed by İstanbul Public Prosecutor Erdal Bağcı, 25 suspects, four of whom were arrested, were charged with "recklessly causing the death of 10 people" and faced prison sentences ranging from 2.5 years to 22.5 years.

While 12 of 25 defendants were from the Torunlar Real Estate Investment Trust, five of them were from the Geda Majör Elevator company and eight of them were from the NCA Work and Work Safety firm.

When the trial began, Project Director Murat Aytimur, Geda Majör Elevator company technical officer Önder Türksoy and elevator technicians Adem Akyıldız and Turgay Dalkılıç were arrested pending trial.

In the third hearing of the case heard by the İstanbul 13th Heavy Penal Court on February 20, 2015, all arrested defendants were released. A verdict of non-prosecution was given for nine people, including the owners of the construction.

The 103-page expert report reached the court in the hearing on October 27, 2016. According to the report, as the person or persons who caused the accident could not be certainly identified, the primary negligent parties could also not be identified.

In the final hearing held on March 23, 2018, the 13th Heavy Penal Court ruled that nine defendants should be each given a judicial fine of 60 thousand 800 Turkish Lira and 16 defendants should be acquitted.

(TP/SD)