Details of the indictment regarding the nightclub fire in Beşiktaş that killed 29 people have been reached

In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, 29 people are listed as "victims," 27 as "complainants," and 9 as "defendants."

The indictment states that upon receiving a report of a fire at the workplace named "Masquerade" around 12:35 PM on April 2, fire and medical teams were dispatched to the scene, and firefighters rescued those trapped inside, noting that 29 people lost their lives in the fire.

In the fire, complainant-suspect Ercan Erkan, those affected by smoke Usamettin Yıldırım and In the indictment, which notes that Gülden Taşpınar was injured, it was stated that as a result of the work carried out by the prosecutor's office and the expert committee at the scene, the owners of the nightclub business were identified as Şahzade Şekergümüş, Fatma Dörtgül and Mehmet Menduh Ceylan, while the manager in charge was identified as İsmet Şen.

The indictment stated that the individuals performing the metal work during the renovations at the establishment were Çağatay Altunel and Kahraman Erdem were, Dursun Çelik and Sibel Çelik were the owners of the company that installed the elevator and hydraulic-supported chair at the workplace, İbrahim Bildirici It was stated that it was determined that he was responsible for the renovation and repair work of the business.

REGULATIONS WERE NOT FOLLOWED

In the preliminary expert report obtained at the beginning of the investigation, it was stated that Şekergümüş, Dörtgül, and Ceylan should be defined as "employers" as business owners, İsmet Şen as "employer representative," Erdem and Altunel as "business owners" as the owners of the firm carrying out the renovations, and Dursun Çelik as a "subcontractor." Furthermore, it was expressed that while Şekergümüş, Dörtgül, and Ceylan were obligated to provide training to temporary workers at the workplace, they failed to do so, and an opinion was formed that these defendants, who did not comply with the provisions of the "General obligation of the employer" article of the Occupational Health and Safety Law, as well as employer representative Şen, Altunel, Erdem, and Çelik, were at fault.

The indictment, which notes that 7 suspects who were detained and found to be at fault, along with Sibel Çelik, were arrested, but that Çelik was released following an appeal against her detention, also includes the fire report obtained regarding the incident.

According to the report, the inspection conducted after the fire was extinguished revealed heavy destruction and deformation due to burning at a distance of approximately 15 meters from the entrance of the business's goods receiving section. A detailed examination of this area revealed the presence of electric hand tools such as an electric welding machine and an electric metal cutting saw, which were plugged in and used for renovation purposes, as well as various industrial-type oxygen cylinders.

According to security camera footage, the fire was seen to have started at 12:44 PM. The indictment emphasizes that the fire began when sparks from an electric welding machine ignited highly flammable materials such as sound insulation, isolation, and upholstery during welding work performed in the area leading to the stage and the exit to the booths on the right, approximately 15 meters from the goods receiving entrance, and that it spread rapidly to the surrounding area. It was noted that employees attempted to extinguish the fire with portable fire extinguishers, and that as the fire grew and spread rapidly, dense smoke formed in the business and the electricity was cut off.

The indictment emphasizes that it was determined that there were no emergency lights or directional signs in the workplace, and that the existing sprinkler system and fire cabinets were not functional. It was stated that after the fire was extinguished by fire crews, individuals were found lying motionless in various parts of the nightclub.

The indictment, which also includes the expert committee's report, stated that it was determined that the "Health surveillance" article in the Occupational Health and Safety Law, as well as the "Occupational Health and Safety Training" article in the Regulation on the Procedures and Principles of Occupational Health and Safety Training for Employees, and the "Training durations" and "Emergency plans, firefighting, and first aid" articles of the same regulation were not complied with.

RISK ANALYSIS AND EMERGENCY ACTION PLAN DETERMINED TO BE INCOMPATIBLE WITH RENOVATIONS

The report further 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 complied with, and based on this, it was determined that the business's risk analysis and emergency action plan were not suitable for the renovations being carried out.

The expert report, which included findings that emergency guidance and lighting systems were disabled as a result of the renovations, that the sprinkler system installed in the business did not work during the fire, that necessary precautions were not taken at the nightclub, and that the necessary care was not shown during the renovation work, stated that the suspects were at fault.

EMPHASIS THAT 'THE FIRE WAS FORESEEABLE'

In the indictment, it was stated that as a result of evaluating the findings that the existing extinguishing system and fire cabinets were not working, and that there were no emergency lighting and guidance signs, the fire was foreseeable in the nightclub where renovation work involving highly flammable materials was being carried out using an electric welding machine. The indictment noted, "However, by acting in violation of the duty of care, the suspects caused the occurrence of a foreseeable but unwanted result through voluntary actions, and in this state, we have reached the conclusion that the act attributed to the suspects contains the moral element of conscious negligence."

The indictment noted that no fault was found in the expert report for cashier Salim Arslan, public relations specialist Arda Arman Perihan, and complainant-suspect Ercan Erkan, who was injured in the fire, all of whom were questioned as suspects within the scope of the investigation. It was also recorded that the complainant Usame Yıldırım, who was injured in the incident, and firefighter Fatih Aşçı, who was injured while responding to the incident, did not file a complaint.

The indictment also included information that the investigation into other suspects, including the deputy mayors of Beşiktaş Municipality at the time, the licensing and inspection manager, the deputy head of the Istanbul Metropolitan Municipality Fire Department, and the fire department police chief, is being conducted through a separate file.

It was requested that the defendants Kahraman Erdem, Çağatay Altunel, Şahzade Şekergümüş, Fatma Dörtgül, Mehmet Memduh Ceylan, İsmet Şen, Dursun Çelik, Sibel Çelik, and İbrahim Bildirici be sentenced to prison terms ranging from 2 years and 8 months to 22 years and 6 months each for the crime of "causing the death and injury of more than one person through conscious negligence."

The indictment has been accepted by the Istanbul 33rd High Criminal Court.

The defendants will appear before the judge in the coming days.

News Source: 12punto