Court Awards 440,000 Lira in Moral Damages to Family of Earthquake Victim

A Gaziantep court has awarded 440,000 Turkish lira in moral damages to a plaintiff who lost their mother, father, and two siblings in the Furkan Apartment collapse during the February 6 earthquakes. The ruling comes after a legal battle where the plaintiff accused several public institutions of negligence.

The lawsuit targeted Nizip Municipality, Gaziantep Metropolitan Municipality, the Ministry of Environment, Urbanization and Climate Change, and the Disaster and Emergency Management Presidency (AFAD). The plaintiff argued that these bodies failed in their supervisory and inspection responsibilities, contributing to the building's collapse, which claimed 51 lives in the Nizip district alone.

During the proceedings at the Gaziantep 4th Administrative Court, the municipalities and ministries presented their defenses. Gaziantep Metropolitan Municipality claimed its oversight duties were merely procedural and that the authority for transforming earthquake-prone structures lay with the ministry. The Ministry of Environment, Urbanization and Climate Change asserted it had no role in the building's planning, licensing, or construction phases. AFAD stated it fulfilled its post-disaster coordination duties and had no responsibility for the building's structural integrity.

The court ultimately rejected the claim for material damages, citing a lack of direct loss of support. However, it ruled that the plaintiff should receive 280,000 lira for the loss of parents and 160,000 lira for the loss of siblings, totaling 440,000 lira in moral compensation. The court's reasoning acknowledged service flaws by the defendant administrations, assigning percentages of fault: Nizip Municipality (12%), Gaziantep Metropolitan Municipality (8%), Ministry of Environment, Urbanization and Climate Change (3%), and AFAD (2%). It noted that the fault was primarily one of negligence rather than intent.