It had become a grave for 31 people... Verdict in the 'Trend Grand Residence' case!

The Trend Garden Residence, located in the Özalper neighborhood of Malatya's Yeşilyurt district, was leveled the moment the February 6 earthquakes began.

A total of 31 people, including Ahmet Eyüp Türkaslan, the goalkeeper for the Spor Toto 1st League team Yeni Malatyaspor, and 5 children, lost their lives in the building that turned into rubble.

The Malatya Chief Public Prosecutor's Office filed a lawsuit against 15 defendants on charges of 'causing the death and injury of more than one person through conscious negligence' and 'making false statements in an official document'.

DEMAND FOR "POSSIBLE INTENT" FROM PLAINTIFF'S ATTORNEY

The final hearing held at the Malatya 1st High Criminal Court was attended by families who lost their loved ones in the earthquake, the defendants who were tried without arrest, and the lawyers of the parties. The prosecutor of the hearing reiterated the opinion on the merits submitted in the previous session.

Meryem Gündüz, who was rescued from the wreckage of the residence with injuries and lost her mother, demanded that the defendants be punished with the heaviest sentences.

Pınar Ersu, one of the lawyers for the plaintiffs in the case, emphasized that there were serious structural deficiencies regarding the building. Ersu stated that there were deficiencies in reinforcement in the building, that renovations were made many times, and that the number of independent units, which was initially 12, was increased to 42. She also said that the structure was rented out as a “new building” and left unused for a long time.

Arguing that punishing the defendants for 'conscious negligence' would not be sufficient, Ersu stated, 'We argue that there is "possible intent" here, and that the old and new owners of the building organized to benefit from the zoning amnesty and aimed to make a profit. We demand that the defendants be punished for possible intent at the highest level.'

SENTENCES GIVEN TO 4 DEFENDANTS...

The court panel, having heard the statements of the defendants, plaintiffs, and the lawyers of the parties, ruled that residence owners Engin Aslan and Sefa Gülfırat be sentenced to 17 years and 6 months each, and contractor Bahattin Doğan and static project author Bülent Yeroğlu to 12 years and 5 months each. While the file of the defendant Özkan Gülfırat, who is stated to be abroad, was separated, acquittal decisions were given for the other 10 defendants being tried.

After the hearing, the victim families and plaintiff attorney Pınar Ersu made statements to the press. Attorney Ersu stated that they did not find the verdict sufficient and said the following:

'First of all, we were unable to sufficiently explain our demands. We requested from the court that the defendants be tried for "possible intent". Because this building was not comparable to the structures that collapsed in either the February 6 or 1999 earthquakes. It was not even built in accordance with the 1975 regulations, a 12-unit building was unauthorizedly increased to 42 units and rented to people as a brand-new building. This building was practically pulverized, and according to autopsy reports, people inside could not even breathe. 31 people lost their lives; most of them by being crushed or suffocating.

At the current stage, only 4 defendants received sentences. Two received 12.5 years, and the other two received 17.5 years. These sentences are both insufficient in terms of the execution system and do not satisfy the public conscience. The acquittal of the other defendants is unacceptable. Increasing a 12-unit building to 42 units is a conscious choice; this is not conscious negligence, it is possible intent. Lower sentences were given by ignoring this aspect. We will appeal to the regional court when the reasoned decision reaches us.

Unfortunately, the approach of the Court of Cassation is also in the direction of conscious negligence. However, there must be a change of opinion on this matter now. It is essential that the attitude of the judiciary changes so that we do not lose so many people. Currently, no defendant is under arrest; everyone is free. 31 people are in their graves, but those responsible are walking around freely. This sentence has satisfied neither the public nor the victims. This is a state of impunity. While we do not fully agree with the expert reports received from Karadeniz Technical University, even according to that report, these sentences should not have been issued. We will continue our struggle to have this decision overturned.'