The latest example of predatory capitalism: The Erzincan-İliç mining disaster

A landslide occurred on Tuesday, February 13, in a vast area where the Çöpler Gold Mine, owned by the Anagold company, is located in the İliç district of Erzincan. Statements were made indicating that the pile of soil sliding toward the Euphrates River consisted of materials washed with cyanide and sulfuric acid.

In 2022, the Çöpler Gold Mine was fined the maximum penalty for environmental pollution due to a cyanide leak.

Erzincan Governor Hamza Aydoğdu stated that there were workers under the rubble, while CHP İliç District Chair Mesut Güz relayed claims from families that 10-15 workers had died.

Minister of Interior Ali Yerlikaya stated that they believed there were 9 people under the rubble, that AFAD teams from 9 provinces had been sent to the region, and that the 3rd Army, gendarmerie, and police had been mobilized. It was observed that work was being carried out with bare hands and without protective equipment in the soil suspected of containing cyanide.

Making a statement from the landslide area at midnight, Minister Yerlikaya provided the information, "The total volume of the sliding mass is -for now- 10 million cubic meters, and it is estimated that this mass moved 800 meters at a speed of 10 meters per second. According to our initial findings, unfortunately, 9 of our workers remained under the sliding mass; our search and rescue efforts are continuing."

A worker employed at the Çöpler Gold Mine, in statements relayed to a newspaper, stated that 400 workers worked in each shift, saying, "We work in three shifts here. There are 400 workers in each shift. When our shift ended, they gave us the news around 13:30, saying 'There is an incident.' There is also a slide on the back side of the images. The soil you see is cyanide-contaminated," he said.

The worker, who has been working at the Çöpler Gold Mine for 14 years and is a team leader, stated that the capacity had been exceeded, saying, “All the trained, qualified people who knew everything here have left. That is why this job was left to passive people who do not know the work. We could see that the company had not cared about the work for three years and had compromised on occupational safety. Everything used to be kept tighter; there is definitely negligence,” he said.

The team leader provided the following information:

“What looks like the Egyptian Pyramids narrows as it goes up; these are called ‘benches.’ Each of them is eight meters high. In the training given two months ago, it was said that we were on the 32nd level. At the end of the year, we were informed that the capacity had been reached. There are laser measuring devices that constantly check the benches; they are fixed. They give an alarm even at a small movement. Yesterday morning (February 13), they saw the signal that the soil was moving, they wrote a report, they only partially emptied the sliding place, they did not pull everyone out. Everyone in the region continued all their work. But if this mass moves, there is a huge dam, there is a factory, all of them would remain underneath. They never thought about this dimension. They had gathered for the shift yesterday. I said, ‘Why are you standing here? What will we do if the rest comes on top of us?’ There is definitely negligence here; it was being talked about that this would happen. We are currently getting through it with minimum damage.”

Sedat Cezayirlioğlu, who fights against gold mines, stated that there had been a cyanide leak at the Çöpler Gold Mine before, saying, "There had been a cyanide leak before. The cyanide leak at the gold exploration mine site of the Anagold (SSR Mining and Lidya Mining) company, which has been operating in Çöpler Village in the İliç district of Erzincan since 2010, had been the subject of reports, and fines had been issued. Lawyers and professional chambers had demanded that the officials responsible for this be tried," he said.

It emerged that the company, despite all objections, went for a capacity increase during the period when Murat Kurum was the Minister of Environment, Urbanization and Climate Change, and a decision was made that “no EIA report is needed” for the mine.

The Ministry of Environment, Urbanization and Climate Change, in its statement, used the word "material" instead of "cyanide," saying, "Immediately after the landslide, we urgently dispatched our Ministry's central and provincial directorate inspection teams to the region. In order to prevent the material flowing during the landslide from reaching the Euphrates River, we had the covers of the culvert where Sabırlı Creek reaches the Euphrates River closed."

Ilhan Cihaner, during his time as the Chief Public Prosecutor of Erzincan (2007-2010), had recorded in the Ministry of Justice records in 2009 that there was a bribery exchange between the prosecutor Bayram Bozkurt, a member of the Gülen Community, and the Anagold company, and that this was done through the law firm of the son of the former AKP Minister of Justice, Mehmet Ali Şahin. Cihaner was detained in his office in 2010 following the bribery investigation he conducted.

Speaking about the disaster at the mine, Ilhan Cihaner said the following:

"First of all, this is a process for which we have received signs many times that it would happen like this. It was clear that it would happen like this. Because a cyanide pipe had burst and been punctured recently as well. It was denied at first, then it was closed for a long time. But the mine had started working again. In the İliç example, there have been huge suspicions since its establishment. When I started an investigation there, it was revealed that the license was obtained by bribing the relevant people by the mining company and that the environmental assessment report was manipulated. However, unfortunately, we later saw that these investigations were not carried out effectively.

"Unfortunately, it will be one of the lands that predatory capitalism leaves behind, leaving a great destruction behind"

A handful of patriots, miners, and unionists have been fighting this struggle there for years. Unfortunately, the judiciary does not show the necessary sensitivity either. The state is already standing behind this predatory system with all its institutions. Unfortunately, such a disaster happened today as well. Our only expectation and wish is that there is no loss of life or that it is minimal. But this should have awakened us by now. Cemalettin Küçük from the Chamber of Metallurgical and Materials Engineers has been fighting these for years. Küçük had expressed that something like this would happen even during the discovery. He has been explaining for years that it is not possible to prevent this kind of accident with precautions and the operating technique used there. There is also Sedat Cezayirlioğlu, one of the local people there. He has been voicing this for years. He is fighting for this, but unfortunately, it will be one of the lands that predatory capitalism leaves behind, leaving a great destruction behind. That is why we are very angry and sad.

"NO EFFECTIVE INVESTIGATION WAS CONDUCTED"

The gold mine in Erzincan has been suspicious since its establishment. I mean, not just in terms of the risks and threats posed by the project of extracting gold with cyanide. For example, it ensured that its business 'went well' by making a politician a partner. The partners of this company were chosen from politically powerful names. It would probably be naive to say that they had no influence. It is already a huge international firm on its own. It has a power coming from capital. And against it, there is a handful of people trying to pay even the court costs out of their own pockets. Think about it, you are trying to fight something like this now. Whereas, the state institutions should be the ones that should follow the process here. The prosecutor's offices should be, in terms of environmental crimes. But unfortunately, citizens are waging such a struggle. There is, of course, an asymmetric struggle there too. No effective investigation was conducted; even though a major accident happened there, a work permit was given again. It is constantly expanding its area, and all of Turkey is unfortunately watching."

The mine had been reported to the International Criminal Court (ICC)

On June 21, 2022, the pipe carrying the cyanide solution at the Çöpler Gold Mine burst; according to the Anagold Mining company operating the mine, 20 cubic meters, and according to the expert committee that examined the mine, 210 cubic meters of cyanide solution mixed into the soil.

Sedat Cezayirlioğlu, a district resident who fights to stop gold mining, stated that the cyanide compound mixed into the streams in the mine basin, the Euphrates River, and its basin. The discovery and expert examination carried out within the scope of a lawsuit filed by Cezayirlioğlu revealed that more solution than the amount reported by the firm might have mixed into the soil and the region.

Cezayirlioğlu finally applied to the International Criminal Court (ICC) for an investigation to be launched on the grounds that crimes against humanity were committed against both Turkey and the countries in the region. Attorney İsmail Hakkı Atal made the application on behalf of Cezayirlioğlu. Atal said that the incident at the Çöpler Gold Mine should be investigated by the ICC under the scope of "ecocide."

PARLIAMENTARY INQUIRY DECIDED

The decision of the Grand National Assembly of Turkey (TBMM) regarding the establishment of a Parliamentary Inquiry Commission regarding the disaster was published in the Official Gazette. Accordingly, it was decided to open a parliamentary inquiry in accordance with Article 98 of the Constitution and Articles 104 and 105 of the Rules of Procedure in order to investigate the accident at the gold mine in the İliç district of Erzincan in all its aspects and to determine the measures to prevent similar accidents. According to the decision, the working period of the commission, which will consist of 22 members, was determined as 3 months starting from the date of the election of the chairman, deputy chairman, spokesperson, and clerk.

Minister of Justice Yılmaz Tunç announced that a judicial investigation had been launched by the İliç Chief Public Prosecutor's Office following the incident and that 4 Public Prosecutors had been assigned within this scope. In this context, eight suspects who were learned to be working in managerial and administrative positions at the company operating the gold mine were detained. Within the scope of the investigation launched by the İliç Chief Public Prosecutor's Office, six of the eight people referred to the court were arrested, while two people were released with judicial control conditions.

Expert report: “Anagold did not conduct inspections, cracks and warnings were ignored, solution continued to be given”

A Preliminary Expert Report was prepared by the İliç Chief Public Prosecutor's Office.

The Preliminary Expert Report was prepared by an expert committee consisting of construction, agricultural, geological, and environmental engineers and occupational safety experts. In the report, it was stated that the accident was in the “very dangerous class,” and it was stated that the deputy general manager of the Anagold Mining company did not sufficiently supervise and oversee the subcontractors, namely the Çiftay, Kar-Sa, Asil Çöplerler, and Asil Keklikler companies.

According to the report, the official of the mine's main employer company, Anagold Mining, was found to be partially at fault for not conducting the necessary inspections. According to the findings of the expert committee, no precautions were taken for the cracks determined to have formed in the heap leach in the morning, and the road was not closed despite the serious risk. Despite the warnings of the occupational safety expert, solution continued to be given, and the slope angle was not paid attention to. According to the report, if the heaped soil material had been checked as required, the cracks would not have formed.

In the report, which refers to Article 2 of the Labor Law No. 4857, it was noted that it was concluded that the employer representative of Anagold Mining A.Ş. was partially at fault because the main employer did not conduct the necessary inspections. On the other hand, 5 people, including the acting operations director, process oxide manager, oxide operations chief engineer, oxide operations engineer, and piping chief, were found to be primarily at fault. In addition to the deputy general manager of the main employer company, the shift engineer, field foreman, engineer, foreman, and 4 company managers working at the subcontractor companies, as well as 2 field chiefs, were identified as partially at fault.

SEDAT CEZAYIRLIOĞLU, WHO FOUGHT AGAINST THE MINE IN İLİÇ, WAS DETAINED

Life advocate Sedat Cezayirlioğlu, who has been bringing the mining plunder in İliç to the public agenda for 9 years, was detained because he wanted to enter the region where the disaster occurred. Cezayirlioğlu, who was released with judicial control conditions, announced that he was given a penalty of not approaching the region closer than 3 kilometers.

Stating that many lawsuits have been filed against him since 2016, Cezayirlioğlu said that the incident was covered up and the file was closed after the cyanide disaster in 2022. Cezayirlioğlu said, “They turned a blind eye to this disaster. There is also an incident hidden from the press. Opposite the place in the landslide area, there is a 66 million-ton cyanide-sulfuric acid dam. The valve of a pipe under it has burst. Cyanide water is currently filling the soil in the landslide area,” he expressed.

PENALTY OF NOT APPROACHING THE MINE SITE

Stating that his village is 180 meters close to the mine site, Cezayirlioğlu said, “I was not allowed into my village by the order of the regiment commander. While 9 of our lives were lost, they detained me because I tried to announce the situation here to the world. The prosecutor's office referred my decision to be released with judicial control conditions to the judgeship, but the judgeship rejected it, and thus I was acquitted. When I tried to go to my village again, I learned with the notification of the gendarmerie that the prosecutor's office had rejected the decision and decided that I should be released with judicial control conditions and that it was forbidden for me to approach the mine site more than 3 kilometers. I will go to sign twice a day, so I will not be able to work,” he said.

"I WAS TRYING TO GO TO MY 400-YEAR-OLD VILLAGE, DID I BLOW THAT PLACE UP?"

"Listen, this will be done to you too. Is it my crime? Did I blow that place up? Take out those in the soil there. Instead of dealing with me, intervene there. You also played with my bread... Shall I tell you something? I leave it to God.

Because I announced this to Turkey, to the world, this disaster. I was trying to go to the village, to my village. I was trying to go to my 400-year-old village. I went, the gendarmerie did not let me. I called the regiment commander, he came. I said, 'Commander, will you listen to me?' He said, 'I am not listening,' he did not listen. They did not take me to my village. We argued there, I did not make any insults either. Because I have known what the law is for 9 years now... I came to the bazaar, 2 hours later they detained me hastily without questioning. I went to the detention center, I stayed for 24 hours. Afterwards, towards yesterday evening, they took me to the prosecutor's office.

"PUBLICLY SPREADING FALSE INFORMATION, THAT IS MY CRIME; WHICH FALSE INFORMATION FOR EXAMPLE?"

The reason for my detention is publicly spreading false information, that is my crime. Which false information for example? That there is no cyanide explosion or that there are no 9 deaths. Now do you know what is happening here? Let me give an example. I mean, if I give an example, will that get me into trouble too? Now it says don't talk. I mean, you report the person who committed the crime. They don't arrest the person who committed the crime, they arrest the person who reports it. Not approaching the mine site for 3 kilometers, which my village is 180 meters to the mine site. I mean, not going to my village. Not going to my 400-year-old village and signing twice a day between 10 and 12 o'clock as if I were a criminal, and with a final decision. The gendarmerie notified me of this decision with a final decision.

Right now, just as I lost my job, my job as a public servant, I was working as a machinist in a private company. Right now, my bread has also been played with. I was going to leave here this evening. I am a machinist. I work all over Turkey. I travel. I don't have a fixed place, daily. I am constantly on the train 24 hours a day. In this way, I am. It says you don't live either. They are not taking out the dead there. Their criminals. I will say that later. They have also taken away my right to live right now."

According to the Criminal Procedure Code, detention is the temporary restriction of the suspect's freedom by law enforcement with the decision of the prosecutor's office. In principle, a suspect who has been sent an invitation can be detained when they do not comply with this invitation. Detention is a protective measure in terms of its legal nature. Protective measures can be resorted to during the investigation phase in criminal law. However, these protective measures must be applied proportionately and reasonably. A detention decision for a person who does not have a suspicion of flight and who is not proven not to have come when called is already against the law. In this sense, the deprivation of Sedat Cezayirlioğlu, who has been fighting for his lands for years, of his freedom of movement consists only of the traces of enemy criminal law in our country. It is intimidation through the judiciary.

In addition, the prohibition of not approaching the mine site more than 3 kilometers after detention, preventing access even to his village 180 meters close to the mine, and the application of judicial control in the form of signing twice a day also constitute an obstacle to Cezayirlioğlu's freedom. These judicial control decisions are decisions made not within the scope of "protective measures" but within the scope of enemy criminal law.

The crime charged to the suspect in the investigation launched for the detention of Mr. Cezayirlioğlu is the Crime of Publicly Spreading Misleading Information to the Public, regulated in TCK 217/A. This type of crime came into force contrary to the principles determined in criminal law. Unfortunately, the Constitutional Court did not cancel it either. Just as we said before, it is being used to silence everyone. Because this type of crime is neither predictable nor specific, and it is extremely suitable for use in terms of enemy criminal law application. And as we said when it first came into force, because its elements are uncertain, investigations can easily be launched for this crime and people can be detained. The latest victim has been Sedat Cezayirlioğlu.

Apart from silencing people, the following point should also be noted. The main reason for every environmental massacre is the decommissioning of an effectively working, fair judicial system. Otherwise, if the EIA Report, which was understood to be against the law from the very beginning, had been taken to the judiciary, the license given to this place would have been canceled and the point reached today would never have been reached. For this reason, political powers hate an independent judiciary. They accuse it with words like "tutelage," "juristocracy." They want a rose garden without thorns. For this reason, our people must first fight for an independent judiciary!