ÇHD: It is a crime to remove the debris without collecting evidence 

2023-02-25 13:50:36


	 

	İSTANBUL - Stating that they filed a criminal complaint regarding unlawfulness in the earthquake region, ÇHD Headquarters Manager Atty. Oğuzhan Topalkara said that it is a crime to collect building debris without taking samples for evidence.

	 

	According to the official statement, 43 thousand 556 citizens lost their lives and hundreds of thousands of people were injured in the earthquakes in Maraş. While more than 600 thousand independent sections were destroyed in earthquakes, the number of buildings that will be demolished immediately, heavily damaged and moderately damaged is approximately 750 thousand. After the fifth day of the earthquake, when hundreds of thousands of people were left on the streets, debris removal works were started. Removing the debris of the collapsed buildings with scoops before the end of the search and rescue efforts drew a reaction.

	 

	Contemporary Lawyers Association (ÇHD) Headquarters Manager, Lawyer Oğuzhan Topalkara, stated that they have determined on the spot that the works carried out in the field are not carried out in accordance with the law, and that the state and many state-affiliated institutions have filed criminal complaints regarding violations in earthquake zones.

	 

	THE GOVERNMENT IS COMMITTED

	 

	Stating that there are still unreachable debrises even after two weeks have passed since the earthquake, Topalkara said: "The debris removal process started even when many people were under the debris. The first thing the state should do is to preserve the bodies there in accordance with the law and deliver them to their relatives. People cannot be treated as if construction has increased. First of all, this is a crime, it is against the law. We know that AFAD is late on this issue in many places. Many people lost their lives because there was no intervention. There was no heat, no sound, and many living people were left under the rubble."

	 

	EACH CONSTRUCTION IS A CRIME SCENE

	 

	Evaluating the image that emerged in earthquake zones as "a crime scene", Topalkara said: "Currently, every single construction is a crime scene. A similar treatment should be done at this crime scene as well."

	 

	LACK OF EVIDENCE

	 

	Stating that most of the buildings were demolished due to lack of control, greed for snow and theft of materials, Topalkara said: "The million-dollar houses, which looked very stylish from the outside, were demolished on people's heads. The damage assessments of the remaining buildings should be duly and with the expert to go to the construction site and take samples. There are contractors and architects detained today. If samples are not duly taken, there will be a lack of evidence about these people when the case is filed tomorrow because they will say that this is a disaster, I did everything properly. It was destroyed because of this disaster, I have no responsibility, but if those samples were taken, those samples would display they stole from the material and they didn't make the necessary expenses, so that contractor wouldn't have a chance to be saved; however, if this is not done, there will be insufficient evidence.”

	 

	WHAT SHOULD WE DO?

	 

	Giving an example of the "blackening of evidence" in Article 283 of the Turkish Penal Code, Topalkara said: "People died here, the crime here is the crime of 'killing people', a crime involving 'attack on the right to life'. Therefore, the minister, prosecutor, policeman, civilian citizen, whoever intervenes here, commits the crime of 'blackening the evidence' unconditionally and unconditionally. First you will take that sample, you will remove that corpse properly, you will have it tested and you will give the corpse to its owner. Only after these scientific experts have gone to the wreckage and taken that sample and kept it, and then the prosecutor, the lawyer, have said ok, then you can carry out the excavation work. Otherwise, everyone commits a crime."

	 

	IT WAS FILED A CRIMINAL COMPLAINT

	 

	Noting that they filed a criminal complaint against both the non-inspection process of the structures and institutions such as AFAD and Red Crescent, Topalkara said: “There is such a distortion in Turkey. Owners of construction companies are also owners of auditing companies. In other words, you can both build and have a building inspection company set up and inspected by your relative, brother or uncle. How legitimate is this? there is no need, obviously people have their brothers inspected by the building inspection companies they founded. We made objections regarding this, but the state did not do what was necessary against these construction companies. Our complaint was about that. Our second criminal complaint was about AFAD, the ministry and the Red Crescent. Because he says it very clearly in delegations from abroad. In the first critical 24 hours, AFAD and state institutions did nothing, they remained completely idle.”