A regional appeals court on Oct 11 upheld prison sentences given to several individuals involved in the death of an Afghan migrant worker, who was allegedly burned after being heavily injured while working in an illegal mine in the Black Sea province of Zonguldak.
The burned body of Vezir Mohammad Nourtani, 50, a father of three from Afghanistan, was found by passersby on Nov 10, 2023. A forensic report later confirmed he had died a day earlier.
Investigators determined that Nourtani had been working at an unlicensed coal mine. He was seriously injured when a wagon used to extract coal struck him. He was brought to the surface and was still alive at the time.
Fearing the mine’s closure if the incident was exposed, the operators attempted to cover it up by burning his body, according to the indictment.
JOURNALIST ÖZDEMİR IN ZONGULDAK WHERE AN AFGHAN WORKER WAS MURDERED IN ILLEGAL MINE:
'There are Afghan workers beaten with a coal shovel and sent back without being paid'
Three mine operators—Hakan Körnöş, Enver Gideroğlu, and Körnöş’s cousin Ahmet Aydın—were arrested following the discovery. Three other individuals, identified as employees at the mine and a coal trader, were released under judicial supervision.
Prosecutors charged the suspects with “deliberate killing in joint action,” alleging that they acted to conceal the incident and avoid legal consequences. This offense require a life sentence.
'Conscious negligence'
However, the Zonguldak 1st Heavy Penal Court did not accept the murder charges. Instead, it ruled on Apr 11 that Nourtani died in a workplace accident and found the suspects guilty of causing death by “conscious negligence” and tampering with evidence.
The court sentenced mine owners Körnöş and Gideroğlu to 5 years and 8 months in prison. Aydın received 4 years and 6 months for destroying evidence. Two other workers, Sercan K. and Eray D., were sentenced to 2 years, while coal trader Alaattin Ç. received a reduced sentence of 1 year and 8 months due to his cooperation after the incident.
The court noted that the defendants did not qualify for a sentence reduction based on good conduct, stating that they failed to show “sincere or credible remorse.” In its 77-page reasoning, the court said Aydın received the maximum sentence allowed for evidence destruction due to “the savage nature of the act.”
The case was appealed to the 2nd Penal Chamber of the Sakarya Regional Court of Justice. The appeals court upheld all the sentences, stating that the trial court’s decision was based on “legally valid and sufficient evidence” and finding no procedural errors.
The ruling finalized the sentences for defendants who received under five years. However, defense attorneys and Nourtani’s lawyer, Kerim Bahadır Şeker, said they would challenge the decision.
Lawyers to challenge decision
Şeker criticized the appeals process, saying, “The rejection of all appeals, those of the complainant, the defendants, and the prosecutor, is contrary to the ordinary flow of life, logic, and physical laws.”
He pointed out that a forensic report from Koç University clearly stated the victim had been burned alive, but the courts failed to address this.
Şeker said further appeals would be filed, including to the Chief Public Prosecutor’s Office and potentially the Court of Cassation, Constitutional Court, and the European Court of Human Rights.
“Even though the case is finalized for the charge of evidence tampering, we will pursue all legal avenues to ensure justice is served for a person who was burned to death simply because he had no one,” he said. (VK)
