440,000 lira compensation for citizen who lost family in Furkan Apartment case: 51 people had lost their lives

The Gaziantep 4th Administrative Court has issued a ruling on non-pecuniary damages in a lawsuit filed by a citizen who lost their mother, father, and two siblings in the Furkan Apartment building, which collapsed in the Nizip district of Gaziantep during the February 6, 2023 earthquakes.

The court ordered a total of 440,000 lira in non-pecuniary damages to be paid to the plaintiff, consisting of 280,000 lira for the loss of their parents and 160,000 lira for the loss of their two siblings. It was decided that the compensation would be covered by the defendant administrations in proportion to their rates of fault.

In the Kahramanmaraş-centered earthquakes, 51 people lost their lives as a result of the collapse of the Furkan Apartment, the only building to collapse in Nizip. While the legal process continues for those who lost relatives in the building, the plaintiff, who lost four family members, filed for both pecuniary and non-pecuniary damages against the Nizip Municipality, the Gaziantep Metropolitan Municipality, the Ministry of Environment, Urbanization and Climate Change, and AFAD.

The plaintiff alleged that the relevant institutions failed to fulfill their inspection, supervision, and control obligations within the scope of the legislation. While the Nizip Municipality did not submit a defense in the case heard at the Gaziantep 4th Administrative Court, the other institutions denied the allegations of responsibility and fault.

The Gaziantep Metropolitan Municipality argued that the earthquake constituted a force majeure event and that the duties of municipalities in licensing and occupancy permit processes were merely formal. The Ministry stated that it had no responsibility in the zoning plan, licensing, and construction process of the structure. AFAD, meanwhile, stated that it had carried out the coordination of search and rescue and aid efforts without deficiency and that it had no authority or responsibility in the construction process of the building.

COURT REJECTED PECUNIARY COMPENSATION CLAIM

The court rejected the request for pecuniary compensation on the grounds that the plaintiff did not suffer a loss of support. Regarding non-pecuniary damages, the court took into account the pain and suffering experienced by the plaintiff due to the loss of their mother, father, and siblings.

In the reasoning of the decision, it was stated that due to service faults in the collapse of the building, the Nizip Municipality was found to be 12 percent at fault, the Gaziantep Metropolitan Municipality 8 percent, the Ministry of Environment, Urbanization and Climate Change 3 percent, and AFAD 2 percent.

The reasoning included an assessment that the defendant administrations did not have intent-level fault in the incident, that the fault was predominantly at the level of negligence, and that the fault of third parties not involved in the lawsuit was heavier. Therefore, it was noted that the amount of non-pecuniary damages was determined by taking into account the rates of fault, the nature of the fault, and the characteristics of the dispute.

Following the court's decision, the file was moved to the Gaziantep Regional Administrative Court upon the objections of the parties.