Release development in Beşiktaş Nightclub case: 29 people lost their lives

In the incident that occurred in Gayrettepe, Beşiktaş on April 2, 2024, a fire broke out while renovations were being carried out at a nightclub operating on the -1 and -2 floors of a 16-story building.

29 people lost their lives in the fire. In the indictment prepared regarding the incident, it was requested that 9 defendants be sentenced to up to 22 years and 6 months in prison for the crime of 'causing the death of more than one person through conscious negligence.'

Within the scope of the investigation, the trial of the defendants was held by the Istanbul 33rd High Criminal Court in the courtroom within the Marmara Penal Execution Institutions Campus, where 5 detained defendants, some non-detained defendants, and their lawyers were present.

53-PAGE EXPERT REPORT PREPARED

During the hearing, a report prepared by a 4-person expert committee on the nightclub where the fire occurred was added to the case file. In the 53-page report, it was stated that there were no changes to the structure where the business was located according to the approved project, and that the building's load-bearing system remained as it was in the project. However, the report noted that inspections at the scene revealed that the section or sections designated as emergency exit stairs in the project had been closed off. The report stated that the venue had a larger square footage compared to other similar clubs across Istanbul, and that the insulation and soundproofing systems used on the floors, walls, and ceilings released toxic smoke when sparks from welding turned into a fire, causing workers and employees to lose their lives by inhaling this toxic gas.

BUSINESS LICENSE ISSUED WITHOUT FIRE REPORT

The report prepared by the expert stated that a report was issued for the venue by the Beşiktaş Municipality Licensing and Inspection Directorate on November 7, 2006, based on the 'Inspection Report for Workplaces Examined in Terms of Fire,' but that a work and opening license was subsequently issued for this workplace without obtaining a fire department fire report, and that no inspection or control was carried out at the workplace. The report explained that on August 11, 2020, Beşiktaş Municipality issued the relevant license for a 500-square-meter area in accordance with the provisions of the Regulation on Workplace Opening and Operating Licenses, and that no permission or documentation was obtained for the renovation work carried out before the fire.

The report stated that workplace owners Şahzade Şekergümüş, Mehmet Menduh Ceylan, Fatma Dörtgül, and occupational safety specialist Kadircan Gülhan, as well as officials who approved and signed the workplace opening and operating license on November 4, 2018, and August 11, 2020, namely Lalehan Taşdelen, Feridun Tayfun Erelmas, Beşiktaş Municipality Licensing and Inspection Manager Uğur Türkyılmaz, the then-deputy mayor Yasemin Saral, and Ali Rıza Yılmaz, were primarily at fault. It was stated that Uğur Türkyılmaz, the then-deputy mayor and acting mayor of Beşiktaş Ahmet Mithat Şeker, and Licensing Chief Nilüfer Oğuz were secondarily at fault.

ONE DEFENDANT RELEASED

After hearing the defenses and statements, the court panel announced its interim decision, ruling for the release of detained defendant İsmet Şen and adjourning the hearing to address missing matters.

FROM THE INDICTMENT

In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, 29 people were listed as 'victims,' 27 as 'complainants,' and 9 as 'suspects.' The indictment, which noted that complainant-suspect Ercan Erkan, complainant Usamettin Yıldırım, who was affected by the smoke, and Gülden Taşpınar were injured, recorded that as a result of the work carried out by the prosecution and the expert committee at the scene, the owners of the business were suspects Şahzade Şekergümüş, Fatma Dörtgül, and Mehmet Memduh Ceylan, the manager was suspect İsmet Şen, and the individuals performing metalwork for the renovation were suspects Çağatay Altunel and Kahraman Erdem.

The indictment stated that Dursun Çelik and Sibel Çelik were the owners of the company that installed the hydraulic-supported stage with an elevator in the business, and that İbrahim Bildirici was determined to be responsible for the renovation and repair work of the business. The indictment, which also included the fire report regarding the incident, noted that examinations conducted after the fire was extinguished revealed severe destruction and deformation due to burning approximately 15 meters from the entrance of the business's goods acceptance section. A detailed examination of this area revealed the presence of electric power tools such as an electric welding machine and an electric metal cutting motor that were plugged in for renovation purposes, as well as various industrial-type oxygen cylinders.

The prepared indictment stated that the fire started when sparks from the electric welding machine ignited easily flammable materials such as sound insulation, isolation, and flooring during welding work, and that it spread rapidly. It was stated that employees tried to extinguish the fire with portable fire extinguishers (dry chemical powder), but that dense smoke formed in the business and electricity was cut off as the fire grew and spread rapidly. The indictment stated that there were no emergency lights or directional signs within the workplace, that the sprinkler extinguishing system and fire cabinets were not working, and that after the fire was extinguished, individuals found lying motionless in various parts of the business during rescue operations were removed and handed over to medical teams.

The indictment, which also included the expert committee's report, stated that the 'health surveillance' article in the Occupational Health and Safety Law, the 'Occupational Health and Safety Training' article in the Regulation on the Procedures and Principles of Occupational Health and Safety Training for Employees, as well as the 'Training durations' and 'Emergency plans, firefighting and first aid' articles of the same regulation were not complied with. It was also stated that the provisions of the 'Rules regarding work equipment' article of the Regulation on Health and Safety Conditions in the Use of Work Equipment and the 'Employer's obligation' article of the Occupational Health and Safety Risk Assessment Regulation were not followed.

The prepared indictment stated that the necessary precautions were not taken in the nightclub, the necessary care was not shown during the renovation processes, the suspects were at fault, and that by acting in violation of the duty of care, the suspects voluntarily caused a foreseeable but unwanted outcome. Within the scope of the prepared indictment, a prison sentence of 2 years and 8 months to 22.5 years was requested for each of the 9 people for the crime of 'causing the death of more than one person through conscious negligence.'

News Source: İHA