Judicial control decision for architect Ertan Danacı in the Ezgi Apartmanı case

As a result of the collapse of the Ezgi Apartment in the Onikişubat district of Kahramanmaraş during the February 6 earthquakes, 35 people lost their lives, the youngest of which was 6-month-old baby Asude.

Kahramanmaraş 4th High Criminal Court sentenced the arrested patisserie owners Sami Kervancıoğlu and Mustafa Pekel, who were sentenced for "intentional killing and wounding with possible intent", to 8 years in prison each for the crime of "causing death and injury to more than one person through conscious negligence" and decided to release them with a judicial control decision. Architect Ertan Danacı, the interior designer of the patisserie, who was sentenced for "intentional killing and wounding with possible intent" He ruled that he was acquitted.

In the reasoned decision of the court, it was stated that "there is no evidence that the defendants accepted the outcome to occur while committing the actions or that they acted with the 'no matter what' motive."

Kahramanmaraş Chief Public Prosecutor's Office objected to the decision to lift judicial control measures against architect Ertan Danacı.

Kahramanmaraş 4th High Criminal Court rejected the objection and sent the file to Kahramanmaraş 5th High Criminal Court for a decision on this issue.

In his opinion, the public prosecutor stated that the request of the Chief Public Prosecutor's Office was appropriate and asked for it to be accepted.

Evaluating the objection, Kahramanmaraş 5th High Criminal Court decided to re-implement judicial control measures against Danacı and included the following statements in its decision:

"Although Kahramanmaraş 4th High Criminal Court gave an acquittal decision for the defendant Ertan Danacı and the judicial control measures applied against him were abolished, the fact that fault was attributed to the defendant in some of the expert reports included in the file during the investigation and prosecution phase, the acquittal decision given by the court will be evaluated in the legal remedies of appeal and appeal, the possibility of the defendant's conviction in the legal remedy examination, the possibility of the defendant escaping or hiding in terms of the amount of punishment he will receive, and the nature and nature of the crime charged against the defendant. "Considering its nature, the objection of the Kahramanmaraş Chief Public Prosecutor's Office was deemed appropriate and it was decided to accept the objection and apply the judicial control provisions to the defendant."

The delegation ruled that Danacı be banned from traveling abroad and that he be subject to judicial control measures by signing with the nearest law enforcement unit on Mondays and Fridays.

The committee decided that the requirements of the decision should be fulfilled immediately by the Kahramanmaraş 4th High Criminal Court and the file be returned to the 4th High Criminal Court, and stated that the decision was made definitively and unanimously as a result of its review of the file.

According to the information obtained, the lawyer of the defendant Ertan Danacı, in his petition to the Kahramanmaraş 4th High Criminal Court, argued that "It is unlawful for the Kahramanmaraş 5th High Criminal Court to decide on judicial control measures against his client" and requested the removal of the judicial control measures.