Interim decision announced in the Newborn Gang trial: Here are the prosecutor's requests and opinions

Nagihan YILKIN      12punto.com.tr 

The interim decision motion has been announced in the trial regarding the criminal organization known as the "newborn gang," which turned neonatal intensive care units in Istanbul into commercial enterprises. 

Under the decision, those currently in custody in the investigation will remain detained. Furthermore, it was decided that the non-custodial defendants Ali Aksu, Ali Dirik, Renginar Molla, Ceren Hatice Kırım, Serenay Şenkalaycı, Murat Mantuş, Mehmet Gürül, Mustafa Kazan, Sümeyye Özdemir, and Şeyhmus Çelik be arrested due to flight risk. 

12punto has obtained the interim decision motion of the Newborn Gang investigation. 

Here is the text of the motion in question:

TO THE BAKIRKÖY 22ND HIGH CRIMINAL COURT

OUR OPINION REGARDING REQUESTS TO JOIN THE CASE

1- Acceptance of the requests to join the case by the complainants, the Social Security Institution, the Ministry of Health, and the Ministry of Family and Social Services,

2- Acceptance of the requests to join the case by victim Yusuf Karakoç, complainant Mehmet Hanifi Kaya, complainant Erhan Karaduman, the attorney for complainant Benedick Nnayereugo Opara, and the attorneys for Esra Tokluoğlu and Mustafa Mevlüt Tokluoğlu,

3- Rejection of other requests to join the case,

OUR REQUESTS FOR FURTHER INVESTIGATION

1- Filing a criminal complaint with a request for consolidation against Bener MANSUROĞLU, Responsible Manager of Silivri Kolan Hospital, for the crime of qualified fraud,

2- Filing a criminal complaint with a request for consolidation against İbrahim OKTAY, Responsible Manager of Çorlu Reyap Hospital, for causing the death of baby Halime Alkari through negligence and for the crime of qualified fraud,

3- Filing a criminal complaint with a request for consolidation against Hilda Keykubat for causing the death of baby Kaya, qualified fraud, and forgery of official documents,

4- Filing a criminal complaint with a request for consolidation against Zeki Ötünç for causing the death of baby Kerem Muhammet Tokluoğlu, qualified fraud, and forgery of official documents, 5- Filing a criminal complaint with a request for consolidation against Songül Kaloğlu, who delivered baby Kaya, for causing death through negligence,

6- Filing a criminal complaint with a request for consolidation against defendant Dursun ERYILMAZ regarding the death of baby Rou Kadan,

7- Filing a criminal complaint with a request for consolidation against defendant Şeyhmuz Çelik regarding the death of baby Opara,

8- Filing a criminal complaint with a request for consolidation against defendant Hasan Basri Gök regarding the death of baby Serdarova,

9- Filing a criminal complaint with a request for consolidation against defendant Serenay Şenkalaycı regarding the death of baby Kerem Muhammed Tokluoğlu,

regarding

10- Hearing as witnesses: Fatma Karuç, nurse at Beylikdüzü Medilife; Gözde Polat, nurse at Avcılar Hospital; Nigar Kubilay, nurse at Bağcılar Medilife; Oktay Torun, doctor at Güney Hospital; Servel Tipcak, Yağmur Hacıyan, and Furkan Çalışkan, nurses at Güney Hospital; Cem Türker Öztürk, board member of Bağcılar Şafak Hospital; Perihan Ünal, head nurse at Birinci Hospital; and Hilal Vatansever, head nurse at Çorlu Reyap Hospital,

11- Writing to the relevant institutions regarding Giyasettin Mert Özdemir, Renas Kılıç, Fehmi Alperen, and Serdar Yüksel to inquire about and request the status of any disciplinary investigation files,

12- Obtaining HTS base station records for November 2023 for Rıza Keykubat, Batuhan Çetin, and Ali Dirik from the Information and Communication Technologies Authority (BTK),

13- Obtaining and examining the financial account movements of all defendants during the dates of the crimes through an expert witness,

14- Examining the phones and digital materials belonging to the defendants regarding the alleged crimes through an expert witness, 15- After all defendant and witness statements are completed and digital materials are examined, sending the file in its entirety to the Forensic Medicine Institute to evaluate each deceased baby mentioned in the indictment, determine the degree of fault, and establish the causal link,

16- Writing to the Social Security Institution (SGK) to urgently request the specification of damages incurred by each hospital separately, resulting from the alleged irregular procedures performed in the neonatal intensive care units of the hospitals mentioned in the indictment on the relevant dates,

17- Rejection of the request for consolidation from the file numbered 2024/770 E. of the Bakırköy 28th Criminal Court of First Instance,

18- Although there is a request for confiscation regarding the companies civilly liable in the indictment, it is understood that there is no measure or seizure order placed on the relevant companies, and that a confiscation order can only be issued after a separate investigation is conducted and measures are taken against these companies in accordance with Law No. 5549 on the Prevention of Laundering Proceeds of Crime; therefore, it is requested that a criminal complaint be filed for the necessary actions to be taken regarding the companies named below: +Beylikdüzü Medilife Hospital: YONCA SAĞLIK HİZM. LTD. ŞTİ.

+Birinci Hospital: BEYMED SAĞLIK İNŞ. SAN. VE TİC. A.Ş.

+Güney Hospital: GÜNEY SAĞLIK HİZM. SAN. VE TİC. LTD. ŞTİ.

+Çorlu Reyap Hospital: REYAP MEDİKAL HİZMETLER A.Ş.

B

+Bağcılar Medilife Hospital : MEDİLİFE SAĞLIK HİZMETLERİ LTD ŞTİ.

A.

B.

+TRG Hospitalist Hospital: BAĞCILAR SAĞLIK HİZMETLERİ SAN. VE TİC. A.Ş.

+Avcılar Hospital Hospital : AKABE SAĞLIK TESİSLERİ SAN. VE TİC. A.Ş.

+Silivri Kolan Hospital: VITAL FORS SAĞLIK HİZMETLERİ BİLGİSAYAR ve ELEKTRONİK TİC. A.Ş.

+Private Istanbul Reyap Hospital: REYAP SAĞLIK HİZMETLERİ TİC. A.Ş.

+Private Istanbul Şafak Hospital: ÖZEL İSTANBUL ŞAFAK SAĞLIK HİZMETLERİ ve TİC. A.Ş.

+Medisense Health Services Company:

+GMZ Sağlık Hizmetleri İnş. Ve Tur. Lim. Şti.

19- Rejection of the requests by some defense attorneys to issue a stay of proceedings and obtain investigation permission at this stage,

OUR OPINION REGARDING DETENTION AND JUDICIAL CONTROL

1- Considering the nature and classification of the crimes charged against all defendants currently in custody, the duration of the sentences, the fact that evidence has not yet been fully collected, and that these are catalog crimes listed in Article 100 of the Criminal Procedure Code (CMK), WE REQUEST THE CONTINUATION OF THEIR DETENTION,

2- Regarding the non-custodial defendants Ali AKSU, Ali DİRİK, Şeyhmuz ÇELİK, Mehmet GÜRÜL, Murat MANTUŞ, Mustafa Kazan, Ceren Hatice KIRIM, Renginar MOLLA, Serenay ŞENKALAYCI, and Sümeyye ÖZDEMİR; considering the nature and classification of the crimes charged, the duration of the sentences, the fact that evidence has not yet been fully collected, and the flight risk of the defendants, WE REQUEST THEIR IMMEDIATE ARREST, 3- We request that strict judicial control measures be applied to the other defendants, ON BEHALF OF THE PUBLIC.

CRITICAL REQUEST IN THE CASE

A critical request came from the prosecution in the newborn baby case. It requested that a criminal complaint be filed against 12 companies for which no measure or seizure order has yet been issued, by imposing measures to prevent the laundering of proceeds of crime. 

The 12 companies mentioned in the request are as follows: 

1. Beylikdüzü Medilife Hospital (Yonca Sağlık Hizmetleri Ltd. Şti.)  

2. Birinci Hospital (Beymed Sağlık İnş. San. ve Tic. A.Ş.)

3. Güney Hospital (Güney Sağlık Hizmetleri San. ve Tic. Ltd. Şti.)  

4. Çorlu Reyap Hospital (Reyap Medikal Hizmetler A.Ş.)

5. Bağcılar Medilife Hospital (Medilife Sağlık Hizmetleri Ltd. Şti.)  

6. TRG Hospitalist Hospital (Bağcılar Sağlık Hizmetleri San. ve Tic. A.Ş.)  

7. Avcılar Hospital Hospital (Akabe Sağlık Tesisleri San. ve Tic. A.Ş.)  

8. Silivri Kolan Hospital (Vital Fors Sağlık Hizmetleri Bilgisayar ve Elektronik Tic. A.Ş.)  

9. Private Istanbul Reyap Hospital (Reyap Sağlık Hizmetleri Tic. A.Ş.)  

10. Private Istanbul Şafak Hospital (Özel İstanbul Şafak Sağlık Hizmetleri ve Tic. A.Ş.)  

11. Medisense Health Services Company 

12. GMZ Sağlık Hizmetleri İnş. ve Tur. Ltd. Şti.