Appeals Court Overturns Conviction in Building Collapse Case; Families Vow to Appeal

An appeals court has overturned a lower court's conviction of contractor Hasan Alpargün, who faced charges related to the deaths of 96 people when his apartment building collapsed during an earthquake in Adana. The Adana Regional Court of Justice's 18th Penal Chamber reversed the Adana 12th High Criminal Court's ruling that found Alpargün responsible for "causing multiple deaths through potential intent."

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There is no evidence in the file that the suspect accepted and desired the potential outcome, therefore the conditions for applying potential intent were not met.

The appeals court's reasoning stated that there was insufficient evidence within the case file to prove the contractor "accepted and desired" the potential outcome, a condition it deemed necessary for applying "potential intent." This decision contrasts sharply with the initial ruling, which had found Alpargün culpable for the deaths.

Lawyers representing the victims' families expressed strong disagreement with the appeals court's decision. They argue that the ruling fails to adequately address the case's gravity and contradicts expert reports. "The reasoning of the decision is not sufficient for legal review and contains clear contradictions within itself," stated lawyer Beşir Ekinci.

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The reasoning of the decision is not sufficient for legal review and contains clear contradictions within itself.

Ekinci highlighted that the appeals court accepted expert reports from Konya Technical University, which detailed the building's design flaws, improper construction, and substandard materials. These reports established Alpargün's primary fault and the causal link between his actions and the deaths. Despite this, the court concluded that his actions constituted "conscious negligence" rather than "potential intent."

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The report cited indicates that the building's structural design, construction, and supervision were inadequate for earthquake behavior, projects and actual construction did not match, concrete and reinforcement lacked necessary properties, the suspect was primarily at fault, and there was a causal link between the suspect's actions and the resulting deaths.

Victims' families, including Ekinci who lost four relatives in the February earthquakes, are determined to pursue the case further. They plan to appeal the decision to the Supreme Court, seeking not just the right legal classification of the crime but also appropriate punishment. "We are after the true legal name of the act committed, not just the amount of the sentence," Ekinci asserted.

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The appeals court changed the nature of the crime without adequately addressing the first-degree court's sound and strong legal reasoning.