Earthquake-damage lawsuits another disaster in Türkiye

Photo: Hikmet Adal / bianet

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More than 19 thousand buildings collapsed in the February 6 earthquakes which struck ten provinces of Türkiye.

50,576 buildings have been identified as either heavily damaged and need to be destroyed as soon as possible or collapsed already in the 7.7 and 7.6 magnitude earthquakes on the same day centered in Pazarcık and Elbistan districts of Maraş in southeast Türkiye.

The number of people who have lost their lives is 35,418 as of yesterday (February 15). The official figure for the number of people injured is 105,505 and 13,208 people are still hospitalized.

Prosecutors mobilized before debris lifting started. Investigations were started in 10 provinces for the buildings that collapsed and for buildings where amendments were made contrary to the regulations. 221 people were identified for responsibility and 24 were arrested after appearing before the judge. 11 suspects were released with judicial review measures. Warrants were issued for 5 people and detention warrants for 54 people. 60 people are still in custody.

People are very angry. They are angry with the contractors. They want those who are responsible to be punished. However, the reality in Türkiye is impunity in relation to earthquake-damage lawsuits.

The owners of the buildings, contractors, engineers, and engineers of record stood trial in the 1999 Gölcük (Marmara), 2003 Bingöl, 2011 Van and 2020 İzmir earthquakes for causing death by "conscious negligence." However, they were either acquitted or received penalties that were like awards.

Only 110 penalties in 2100 lawsuits in Gölcük

Photo: AA

17,408 people have lost their lives in the 7.4 magnitude Gölcük earthquake on August 17, 1999. Many of them were due to collapsed buildings. 112,724 buildings either collapsed or were heavily damaged in the earthquake.

Nearly 2,100 lawsuits were filed following the earthquake but 1,800 of them were dismissed due to legal gaps. Only 110 of the remaining 300 cases resulted in a sentence, and most sentences were postponed.

The other cases were barred on February 16, 2007, by the statute of limitations after seven and a half years.

Only 12 people were sentenced to 10 months of imprisonment in Kocaeli in the 600 cases, six of which were postponed.

In Sakarya, only five people received sentences in the 695 cases in Sakarya.

220 lawsuits were filed in Düzce. Nobody was imprisoned.

There were 173 cases in Yalova. Most of them were completed but the only person known to have received a sentence was contractor Veli Göçer.

Göçer the contractor of buildings most of which collapsed in the earthquake killing nearly 200 people became the symbol of the Gölcük earthquake.

He was sentenced to 18 years and 9 months of imprisonment, he was in prison for 7,5 years and was released in 2011.

Lawsuits were filed for 170 public officials following the 1999 Gölcük earthquake. Some were removed from duty. Some cases were barred due to the statute of limitations.

1.5 years for 85 lives in Bingöl

625 buildings collapsed or were heavily damaged in the magnitude 6.4 earthquake on May 1, 2003, in Bingöl. 177 people died. The dormitory of a primary school with a boardinghouse collapsed and 84 students and one teacher died there.

The then Prime Minister Recep Tayyip Erdoğan said, "there is defalcation of materials, incompliance with the tender specifications, those guilty will be brought to justice." The verdict was given 6 years after. Bingöl Heavy Penal Court sentenced the contractor Şeref Bozkuş to 3,5 years, and the control engineer Şadiye Topçu and engineer İsmet Elhakan to 2,5 years each of imprisonment. The Court of Cassation upheld the verdicts and Bozkuş stayed for 1.5 years and Elhakan for 1 year in prison and were released.

The Ministry of Education was sentenced to pay compensation to the families of those killed.

No justice in Van either

604 people lost their lives and 4,152 people were injured in the 7.2 magnitude earthquake centered in Erciş, Van on October 23, 2011, and the 5.6 magnitude earthquake centered in Edremit, Van on November 9, 2011.

2,262 buildings collapsed in the first earthquake and 25 in the second, two of which were hotels. The first penalty was given to Tevfik Bayram, the owner of the Bayram Hotel that collapsed where 24 people were killed including two journalists, Sebahattin Yılmaz and Cem Emir who were DHA correspondents.

Bayram was sentenced to 11 years and 1 month of imprisonment. The Court of Cassation reversed the judgment and Bayram who was retried received 15 years and 6 months of imprisonment.

He stayed in prison for 4 years and was released after a decree-law in 2016.

The then Interior Minister Efkan Ala overlooked the decision of the Constitutional Court in the case related to the Bayram Hotel and did not allow public officials to stand trial.

Municipality and Ministry to pay compensation

The second penalty came 4 years after the earthquake in Van. The partners of the Arslan Hotel, Ahmet and Mahmut Arslan were sentenced to 11 years and 1 month of imprisonment.

The hotel, which collapsed in the second earthquake, was constructed as a 6-story building although it was 4-story in the construction permit.

In the case opened by the children of Mevlüt Sinan who died under the wreckage of Arslan Hotl, the Van Municipality, the Disaster and Emergency Presidency (AFAD), and the Ministry of Environment and Urbanization were sentenced to pay compensation.

Again in another case by the owners of the houses that collapsed, the Van Municipality, the Disaster and Emergency Presidency (AFAD), and the Ministry of Environment and Urbanization were sentenced to pay compensation.

Disputable acquittal

A symbol lawsuit related to the Van earthquake was the Sevgi apartment case where 39 people lost their lives. Contractor Salih Ölmez and civil engineer Murat Kazancı stood trial and the case ended 8 years after the quake.

The suspects were acquitted in a hearing in which the complainant's lawyers did not participate despite the charges made against them in the indictment.

10 years changed into fine

The case related to the 7-story Dağ apartment where 45 people lost their lives in Erciş was completed in 2015. The court ruled for 10 years imprisonment each for two contractors and one civil engineer and later reduced the sentence to 8 years and 4 months. İrfan Dağ, one of the contractors had also lost his wife and two daughters in the earthquake in this building.

The owner of the Safa apartment where 20 people lost their lives was sentenced to 6 years and 3 months.

The justified decision of the court stated that the building was not constructed with due diligence and that the building collapsed due to bad workmanship, poor quality concrete, and insufficient reinforcement.

The court then changed the imprisonment into a fine due to the personality of the suspect, his remorse during trial, and his social and economic conditions.

10 sentenced to 4 to 18 years in İzmir

Photo: Mehmet Emin Mengüarslan / AA

In the 7.0 magnitude earthquake in the Aegean on October 30, 2020, which lasted 16 seconds, 117 people died and 1034 people were injured.

36 died in the Rıza bey apartment building that collapsed, 32 in Emrah apartment building, 15 in Doğanlar, and 11 in Yılmaz Erbek and Barış residences.

Public officials also standing trial in İzmir

A total of 37 suspects stood trial including contractors, surveyors, civil engineers, architects, building control company officials, building managers, and those who made repairments on the buildings without permission.

Three of the cases were completed so far and 10 suspects were sentenced to imprisonment changing between 4 years 5 months to 18 years.

Some municipality officials and employees of the İzmir branch of the Civil Engineers Chamber are being sued and are being charged with neglect and insufficient inspection for the collapsed buildings. (HA/PE)