The Adana 10th High Criminal Court has released a 43-page reasoned decision regarding the collapse of Beluk Apartment A Block in the Güzelyalı Neighborhood of Çukurova, Adana, Turkey. The building collapsed during the Kahramanmaraş-centered February 6 earthquakes, resulting in the deaths of 10 people.
In its decision, the court determined that the actions of five defendants, four of whom were public officials, constituted 'conscious negligence' rather than 'killing with probable intent.' The court's reasoned decision stated that the defendants 'foresaw the result but there is no concrete evidence that they accepted it.'
The court held the building contractor S.S. Yeni Akkent Konut Yapı Kooperatifi and Technical Implementation Officer Abdullah Yeldan responsible for faulty manufacturing in the structure. An AKI expert report stated that the municipal officials in the departments issuing building and occupancy permits are responsible.
Sentencing and liability
Technical implementation officer Abdullah Yeldan, architect Fatoş Sakarya, and civil engineer Füsun Gamsız were each sentenced to 15 years in prison for causing the death of more than one person through conscious negligence. The court issued arrest warrants for all three; Yeldan was arrested on July 3, while warrants for Sakarya and Gamsız remain active.
Former Imar Director Alim Erdoğan and former Deputy Imar Director Sitare Koçoğlu were sentenced to 6 years in prison each for the same charge. The court found these officials at fault due to their roles in granting permits for the faulty structure.
Prison sentence handed to the technical implementation officer, architect, and civil engineer.
Three other municipal officials, Can Mustafa Eren, Halil Yılmaz, and Abdullah Sancar, were acquitted on the grounds that they held no responsibility regarding the faulty concrete and iron manufacturing.
The court did not apply a reduction for good conduct to the five sentenced defendants, noting they did not exhibit behavior showing remorse during the trial. The sentencing for 'causing the death of more than one person through conscious negligence' was justified by citing established precedents of the Yargıtay 12th Criminal Chamber.
Structural findings
The reasoned decision stated that no factors originating from the ground caused the collapse of the building. However, concrete and steel samples taken from the structure did not meet the provisions of the 1975 Earthquake Regulation in effect at the time of its construction.
