This week saw the start of a high-profile trial of 11 defendants related to the collapse of a hotel in Adıyaman province that occurred during last February’s devastating earthquake in southeastern Turkey. The hotel collapse killed 72 victims including 26 children, 4 teachers and 5 parents in town for a volleyball tournament. While the defendants are currently charged with involuntary manslaughter, families of the victims have been pushing to amend the charges to possible intent, a change that could lead to harsher sentencing. Medyascope correspondents Ayşegül Karagöz and Murat Türsan were on the ground this week in Adıyaman following the case and speaking with families of the victims.
The start of the trial on Wednesday (January 3) marks the first trial in the aftermath of the devastating quake related to faulty building construction practices and zoning violations. February’s tremors claimed some 50,000 lives, and many major cities in Turkey’s southeast are only beginning the process of reconstruction.
The trial will try 11 defendants for negligent homicide related to the construction of the Isias Hotel. Five of these defendants have already been arrested and face more than 20 years in prison if convicted. Over half of the victims in the hotel’s collapse were Northern Cypriot citizens who had come to Turkey for a volleyball tournament. According to the indictment, Grand Isias Hotel had been converted from a residence in 2001 without legal permission, and an extra floor had been added, and the construction material was below and the state of the structure was subpar. There are further allegations that supporting beams of the structure were cut or tampered with to expand space in its lower floors.
“We are seeking justice”
Victims’ families who spoke to Medyascope described the first hearing in the trial. Burak Kumsal, whose daughter Hayal perished in the hotel collapse, said: “Our expectation had been that the defendants would appear at the trial in person, however they joined online. We want them to look into our eyes and answer the questions. My hope is that in the future they will be here, look straight into our eyes, and give us answers.”
“We do not expect to be granted special privileges in this process because we believe the outcome will affect Turkey in its entirety. We are seeking only justice. That is our singular goal.”
Kumsal described how the victims’ families hope to see the defendants charged with possible intent: “Although the prosecutor opened the case with this charge, it is not a foregone conclusion that the defendants will be charged as such. We expect our lawyers to seriously pursue this, because we really believe that a homicide was committed here.”
“This decision will set a precedent”
Mehmet Harmancı, mayor of the Turkish half of the Northern Cypriot capital of Nicosia (Lefkoşa), explained how he expects the case to be difficult: “I was in Hatay [southeastern city] and saw the damage. In Adiyaman too. What was wrong with this [hotel] building? It was completely destroyed and we need answers.”
Explaining how he expects the decision from the trial to set an important precedent in post-earthquake cases, the mayor continued: “The most important point for us is that the court’s decision be based in good conscience because this will be a precedent decision. A precedent decision will come out of this process that other earthquake victims’ families will be able to follow. That’s why I think the court has a great responsibility.”
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‘Possible intent’
Hasan Esendağlı, head of the Turkish Cypriot Bar Association, described the hope of many of the hotel victims’ family members that the case be charged as ‘possible intent’ – a charge similar to negligent homicide which refers to causing the death of another person due to negligence or a failure to exercise reasonable care. “The lawyers representing our families have started to form their cases based around this possible intent charge.”
Ahmet Bozkurt, owner of the collapsed Isias Hotel, has rejected the accusations of responsibility for the building’s collapse, arguing that appropriate upkeep and regulatory measures had been followed in the lead-up to the February 6 quake. Regarding Bozkurt’s defense, Esendağlı commented:
“Although Mr Bozkurt has claimed to absolve himself of responsibility for the collapse, the experts’ report has already determined that the building was not built in accordance with the rules.”
“It is comical to suggest that this building had been built in accordance with the rules”
Pervin Aksoy İpekçioğlu, professor of law, survivor of the Isias disaster and mother of Serin, who also perished in the hotel’s collapse, commented on the building’s faulty construction:
“[The possible intent charge] is not just our request but a legal requirement. This will set an example. Some details are only beginning to come to light. We are seeing that this building was really constructed in a faulty, illegal manner. We are talking about a building that was not built in accordance with any regulation or oversight whatsoever. I am one of the lucky survivors of this collapse. This building collapsed within 10 seconds while the two other buildings behind it remained intact. Therefore it is really comical to suggest that this building was built in accordance with any rules.”
Ruşen Karakaya, president of a foundation (Şampiyon Melekleri Yaşatma Derneği) aimed at bringing justice to those responsible for the hotel’s collapse, described how he believes the ‘possible intent’ charge will be successful: “We believe the court will do what needs to be done.”
Background
The Grand Isias Hotel, a hotel once widely held as one the finest in Adıyaman province collapsed during the February 6 earthquakes in Turkey, also claiming the lives of 26 children, 4 teachers and 5 parents from Turkish Republic of Northern Cyprus(TRNC), in town to attend a volleyball tournament. The deaths of the 35 travelers from Famagusta Turkish Education College volleyball team has been regarded as the most devastating collective loss for Famagusta residents since the 1974 war, triggering the involvement of the highest echelons of government from both TRNC and Turkey. Following the devastation, the parents and loved ones of the survivors formed an association lead by Ruşen Yücesoylu Karaya, who are currently battling Ahmet Bozkurt and 10 other suspects in court to amend their sentencing.
Written by Leo Kendrick, Murat Türsan, Ayşegül Karagöz
