Most Miner Families Withdraw Complaint in Occupational Homicide Trial in Şirvan

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It came to light that the majority of the families who had to suffer losses in the occupational homicide in Şirvan killing 16 miners in a copper mine have withdrawn their complaints in the trial.

On November 17, 2016, 16 mine workers had lost their lives buried in the wreckage which occurred due to a slope failure in the copper mine during the construction works carried out by Antlar Constructions; a sub-contractor company of Park Elektrik associated with Ciner Group.

Seven people including the Operating Manager of the mining company Mehmet Oğuz as well as its occupational safety specialist arrested pending trial were released today (May 19) in the first hearing of the trial.

The Chief Public Prosecutor's bill of indictment which said that the the copper mine, which had been exposed to heavy rain construction works should have been halted and safety measures should have been taken, which was not the case, was accepted by Siirt 2nd High Criminal Court.

Suspects including some executives and engineers of the Park Elektrik and Antlar Constructions namely, Mehmet Oğuz, Selman Kazak, Servet Keklik, Mehmet Kezer, Serkan Gürühan, Bayram Kayar, Kadir Yıldırım, Gülistan Gök, Vedat Ant, Nureddin Ant and Adnan Ant are standing trial facing each from 2 to 15 years in prison on charge of "recklessly causing death of several people".

In the meanwhile, it became evident, that many of the families suffering losses in the occupational homicide in the mine, had accepted a compensation payment offer from the defendant companies and had withdrawn their complaints in the case.

"For the children left behind"

One of the families which had accepted a compensation payment from the companies to withdraw their complaints said:

"My sister's husband died in the accident. She has three children. As the accident occurred, she just had a new baby. It is obvious how the accident happened. It is also not a secret that the company is strong and backed by the state. Justice exists only as a word in Turkish.We did not accept this money just for pleasure. We accepted it for the children left behind. But we follow the trial. And we already knew that such a result would come out of it.

"Where should I search for justice?"

Sedat Bulut - 19 years old - Died in the wreckage

Salih Bulut who lost his 19 year-old son in the occupational homicide and did not withdraw his complaint told bianet:

"Yesterday, they released all the suspects. The people we are confronted with are strong, they are light fingered and the justice is on the side of those who have the power. I ask myself, where I should search for justice in Turkey. The company visited us and said 'withdraw your complaint and we will give you money'. We did not accept it. But they did not even express their condolences. That is when I realised, in this country, one could just kill out of boredom, pay for it and go back home".

Salih Bulut himself was working in the same copper mine and was allegedly laid off as the mine was sold to another company.

"Suspect should be charged with eventual intent"

Human Rights Foundation Chair Zana Aksoy stated that the suspects should be standing trial rather on charge of "eventual intent" than "recklessly causing death".

"The upper limit of prison terms for recklessly causing death is 15 years anyway. They have been released by taking the long period of time they already served in prison during their arrest into account. The expert's report clearly says that the employer is at fault".

"Poor families are condemned to accept compensation payment"

Peoples' Democratic Party (HDP) Batman MP Saadet Becerikli said that the poor families were condemned to accept compensation payments.

"I was also there at the time of the landslide. Also in yesterday's hearing the result appeared to be inevitable. At first there were 9 families who had withdrawn their complaints. But yesterday speaking to the attorneys I found out that the number had increased to 12. The families have accepted 75.000 Euros (300,000 TL). The trial regarding the compensation of damages continues at the moment. Depending on the result of the trial, the compensation payment they've already received will be deducted from the sum required by the court.

"They have somehow convinced the families by paying them several visits. Eventually, these are all poor families. Would they work under such bad conditions if they were not so poor in the first place? This is the sad truth of Turkey. There is an occupational homicide in question. But unfortunately, justice is on the side of the rich. And this is how people who have become dependent and needy will end up. It was already obvious apparent how the court would decide. But I thought they that they would not order their release in order to prevent reactions".

What happened?

As a part of the investigation launched subsequently, 11 people were arrested including three engineers and some crew chiefs. Upon objections by their lawyers, four suspects were released pending trial.

The Siirt 2nd High Criminal Court accepted the Chief Public Prosecutor's bill of indictment which said that the the copper mine which had been exposed to heavy rain construction works should have been halted and safety measures should have been taken, which was not the case.

Suspects including some executives and engineers of the Park Elektrik and Antlar Constructions namely, Mehmet Oğuz, Selman Kazak, Servet Keklik, Mehmet Kezer, Serkan Gürühan, Bayram Kayar, Kadir Yıldırım, Gülistan Gök, Vedat Ant, Nureddin Ant and Adnan Ant are standing trial facing each from 2two to 15 years in prison on charge of "recklessly causing death of several people".

In the first hearing held today, seven of the suspects were released pending trial. (NV/DG)