Why did those responsible for the İliç disaster choose a joint-stock company structure?

12punto.com.tr contributor Prof. Dr. Duran Bülbül re-evaluated the mining disaster in İliç, which caused massive environmental damage, from different perspectives.

Stating that the Çalık Group, known for its proximity to the ruling AKP, cannot escape responsibility, Bülbül drew attention to the "joint-stock company game" played by corporations.

Here is Prof. Dr. Duran Bülbül's striking assessment:

Article 549 of the Turkish Commercial Code explains the basis for company establishment, Article 557 explains liability for damages incurred, and Article 553/2 explains liability when obligations arising from contracts are transferred to others.

The Turkish Commercial Code does not distinguish between company partners as financial investors and technical investors.

Moreover, the party claiming to be a "financial investor," namely Çalık Holding, is a 20% partner in the company.

Looking at it in terms of those responsible: the company partners are responsible, the political sphere is responsible, bureaucrats are responsible, and the Ministry of Environment, Urbanization and Climate Change and the Ministry of Energy, which are authorized in the permitting and inspection process during this period, are responsible.

PARLIAMENT SHOULD HAVE CONVENED IN AN EXTRAORDINARY SESSION

If this situation had occurred in another democratic country, the administration would have resigned. Furthermore, Parliament should have convened in an extraordinary, special session. It did not.

All those I have listed have both fault-based and strict liabilities. They silenced the villagers living there by giving them 130 thousand TL. How will they silence our country?

Now I ask: what kind of health problems await the people in İliç and our country? What kind of process awaits the water, agriculture, and living creatures there? Does this style of gold production still exist anywhere else in the world?

SCOPE OF LIABILITY FOR JOINT-STOCK COMPANIES

According to Article 329 of the Turkish Commercial Code, a joint-stock company is a company with a specific capital divided into shares, which is liable for its debts only with its own assets.

Since joint-stock companies are legal entities, while they have rights like natural persons, they do not have criminal liability. However, security measures can be applied to joint-stock companies.

For a crime committed under corporate liability, the criminal responsibility lies with the members of the board of directors who have the authority to manage and represent the company. The distribution of duties within the company management, as published in the Trade Registry Gazette, is also taken into account in determining this responsibility. In this form, joint-stock companies are the type of company most preferred by large capital groups.

As long as the company established by the capital group makes a profit, the shareholders receive dividends, and the manner in which the profit is obtained is of no importance. If there is a situation contrary to the law, the board of directors authorized to represent the company, or even a few individuals depending on the distribution of duties, will be held accountable before the law.

The actual capital owner continues their investment by establishing another company. This situation, the ethical aspect of which is controversial, unfortunately also confronts us in the painful event that took place at the Çöpler Mine Site last week.

News Source: 12punto