Turkey Earthquake Trial Stalled as Victims' Lawyers Protest Defendant Exemptions

More than a year after the devastating collapse of the Göçemen 2 Apartment building in Antakya, which claimed the lives of six innocent people during the February 6 earthquakes, justice remains elusive. The trial, which began with charges against the contractor, supervisors, and report authors, has ground to a halt, with the court awaiting an expert report since October 4, 2024. This prolonged delay is unacceptable and deeply frustrating for the families of the victims who are seeking closure and accountability.

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All hearings were held without all the defendants present in the courtroom. Subsequently, for each hearing, decisions were made to exempt the defendants from appearing. This situation violates Article 201 of the Code of Criminal Procedure (CMK).

What is particularly galling is the court's decision to grant exemptions to the defendants from attending the hearings. As victim's lawyers rightly argue, this not only violates procedural laws but also undermines fundamental principles of justice, such as the right to confront one's accusers and the principle of orality. How can we expect to uncover the full truth when the accused are shielded from direct scrutiny and the victims are denied the chance to face those responsible for their loss? This situation feels like a betrayal of the victims' right to life and justice.

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The principle of investigating material truth requires that the defendant's absence from the hearing, in the framework of the principles of directness and orality, prevents the judge from directly observing the defendant's reactions and the consistency of their statements.

From our perspective at Cumhuriyet, this case highlights systemic failures in our legal system's response to the earthquake aftermath. While the prosecution seeks significant prison sentences, the lack of detained suspects and the ongoing delays suggest a lack of urgency. The demand to revoke the exemption decision is not merely a procedural request; it is a plea for a fair trial where all parties are present and accountable. We must ensure that the pursuit of justice is not hindered by bureaucratic delays or procedural loopholes, especially when lives have been tragically lost. The victims deserve better, and so does the public's faith in our judicial process.

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Furthermore, within the scope of the victims' right to access justice; the defendants' non-attendance at hearings, the inability of the victims and us as their representatives to question the defendants, and their participation in the trial process, violates the victims' right to life.