The objection made by the public prosecutor to the release decision made for the arrested defendants Kervan Patisserie owners Mustafa Pekel and Sami Kervancıoğlu in the case regarding the demolition of the Ezgi Apartment, where 35 people lost their lives in the earthquakes on February 6, 2023 in Kahramanmaraş, was rejected by the court.
At the decision hearing of the case held at the Kahramanmaraş 4th High Criminal Court, an order of release was given for Pekel and Kervancıoğlu, who were tried for allegedly cutting a column and interfering with the carrier system in the patisserie on the ground floor of the apartment building.
"THE RELEASE DECISION IS AGAINST THE LAW"
The public prosecutor objected and requested the removal of the release order and the issuance of a warrant for the arrest of the defendants.
In his petition of objection, the prosecutor emphasized that considering the defendants' actions as conscious negligence and their release was incompatible with the evidence in the file and was against the law.
In the petition, it was stated that the findings within the scope of the file included opening gaps in the curtain carrier elements, cutting columns and other interventions on the carrier system, and it was emphasized that it was proven with the evidence that the defendants intervened in the carrier system within the scope of renovations for the commercial use of the building.
In the petition, it was noted that these actions cannot be considered as simple renovation activities, and that the court evaluated the actions within the scope of negligence and made a decision, but the decision has not yet been finalized.
In the petition, it was stated that the actions of the defendants were evaluated within the scope of possible intent in the legal review and that there was a possibility that they would change against them, and therefore, the release decision was requested to be lifted.
4th HIGH CRIMINAL COURT REJECTED THE OBJECTION
The panel of Kahramanmaraş 4th High Criminal Court, which examined the objection through the file, unanimously rejected the objection of the public prosecutor, stating that the release decision given for the defendants was in accordance with the procedure and law.
The court ruled that the file be sent to the Kahramanmaraş 5th High Criminal Court to decide on the objection.
REACTION TO THE COURT FROM GÖKSU, WHO LOST 3 OF HIS RELATIVES IN THE EARTHQUAKE
Nurgül Göksu, who lost her son, daughter-in-law and 6-month-old grandson in Ezgi Apartment, also shared a post on her
Pointing out that the court panel was newly appointed to the case, Göksu said, "I have a complaint against the panel that made this decision. This panel has just been appointed to the court where our case is heard. It has been a month since they took office, and they terminated the file, which the prosecutor's office had been following for 3 years and requested possible intent, containing pages of evidence, with this release decision in the first hearing they attended."
Göksu emphasized that he will continue his fight for justice.
