HRW calls for investigation into public officials for collapsed buildings in earthquake

Human Rights Watch (HRW) stated today that the Turkish government is obligated to ensure accountability for public officials responsible for the collapse of thousands of faulty buildings in the February 6 earthquakes.

HRW mentioned that cases have been filed against contractors, building inspectors, and technical personnel involved in the collapsed buildings from the earthquake. However, they highlighted that there has yet to be a single public official, elected mayor, or municipal council member prosecuted for failing to take measures to protect people living in buildings with known structural issues or approving numerous construction projects that fell well below safe building standards or were in earthquake-prone areas.

Human Rights Watch Europe and Central Asia Director Hugh Williamson made a statement regarding the matter, saying, "On the anniversary of the devastating February 6, 2023 earthquakes, the Erdoğan government should focus not just on rebuilding, but on ensuring that those who authorized and built homes, hospitals, and hotels that turned to graves when quakes struck are held to account."

Williamson stated, "No construction work can happen without the authorization of municipal and provincial authorities, so their officials should be investigated and held to account."

In each case opened regarding the February 6 earthquakes the list of defendants, usually numbering between 6 and 12, includes contractors, private-sector building inspectors, and technical personnel such as site managers, who are being tried.

In most cases, the defendants are charged with the offense of "causing death and injury through conscious negligence," which carries a prison sentence ranging from 2 to 22.5 years.

In earlier trials of developers and builders responsible for buildings that collapsed in earthquakes killing their occupants, courts have imposed penalties at the lower end of the scale or converted them to fines.

HRW reviewed the files

HRW examined indictments and news related to buildings collapsed in the February 6 earthquakes and also conducted interviews with lawyers. In the files reviewed by HRW, there is either no mention of an investigation into public officials, or it is stated that investigation files related to these individuals have been separated. However, it is not indicated whether the prosecution has applied for an investigation permit for any public official, and if so, whether this permit has been obtained.

Nevertheless, public officials play crucial roles in construction projects. Responsibilities such as approving construction projects, issuing construction permits, inspecting compliance with projects and technical specifications in constructions, and approving the safety of buildings for habitation fall under the jurisdiction of elected mayors, elected municipal council members appointed to municipal planning commissions, and public officials working in municipal planning and urbanism units, as well as the provincial directorates of the Ministry of Environment, Urbanism, and Climate Change.

"Turkey has a shocking culture of impunity"

HRW emphasizes that it is the obligation of public authorities to inspect the compliance of constructions with the standards defined in laws and regulations. According to HRW, criminal investigations and prosecutions should be initiated against public officials who fail to fulfill their duties adequately, and this should not lag behind the prosecution of those responsible in the private sector.

Hugh Williamson stated, "Turkey has a shocking history of impunity for both private actors and public officials when it comes to preventable deaths in earthquakes, and this needs to change." He added, "Families have been traumatized by the loss of loved ones and no court decision will bring back the dead, but at the very least they deserve to see all those responsible held to account as well as other steps taken to protect lives in the future." (HA/PE)