40 people lost their lives and 2 people were injured in the Sami Bey Apartment, which collapsed in the February 6 earthquakes in Güzelyalı District of Adana's Çukurova district.
Adana Chief Public Prosecutor's Office filed a lawsuit against the building's contractors Abdullah Aybaba and his daughter Eda Aybaba Çelik, as well as Seyhan Municipality's former Zoning Director Alim Erdoğan and former Survey and Survey Technician Sunay Meydan, demanding imprisonment of up to 22 years and 6 months each for the crime of "causing the death and injury of more than one person through conscious negligence". The files were later combined.
While the detained Abdullah Aybaba was connected to the hearing via SEGBİS from his prison, the defendant Alim Erdoğan, those who lost their relatives in the earthquake and the lawyers of the parties were present.
"THERE IS NO THEFT OF CEMENT OR MATERIALS"
Defendant Abdullah Aybaba claimed that the expert report in the file was incomplete, that the columns on the terrace were trimmed and that renovations were made on the upper floors, and said, "I think this situation negatively affected the center of the building. As eyewitnesses stated, the upper floors shook and broke off first during the earthquake, and then the building collapsed. There was no case of any cement or material being stolen from the building."
Defendant Alim Erdoğan also repeated his previous statements.
"LIFE imprisonment" REQUEST FROM THE VICTIM'S LAWYER
Mehmet Üsgüloğlu, the lawyer of the victim families, said in his statement, "If the defendant Abdullah was a well-intentioned person, he would not have fled abroad at that time. He would have been expected to inform us about the situation regarding the apartment building."
Üsgüloğlu stated that the core and pressure tests were not in accordance with the regulations and that both tests yielded negative results, and requested that the defendant be punished with life imprisonment separately for each aspect of death, not for the crime of "conscious negligence causing death" since he is a civil engineer.
"I RETURNED TO THE COUNTRY WITH MY OWN CONSENT"
Speaking upon Avokat Üsgüloğlu's question, Abdullah Aybaba stated that he wanted to come to Adana to check the construction works after the first earthquake, but went abroad because of threatening posts about himself and his daughter. He said, "My aim was to stay for a month and return, but I extended my return thinking that the events would cool down a little and the pain would subside a little. Then, when I learned that a red notice had been issued about me, I returned to the country of my own free will."
"THE DEFENDANT FLEW THE COUNTRY ONE DAY AFTER THE EARTHQUAKE"
Dudu Büşra Maksutoğlu, one of the victim family lawyers in Karadeniz, stated that the defendant Aybaba made a defense to get rid of the crime and said:
"The defendant fled the country one day after the earthquake. In his first statement, he stated that he had built the building solidly. There was no shop etc. on the ground floor of the apartment building. He stated that the building collapsed because of the deceased living there. In the reports received, the pressure test and iron level of the concrete were at very low levels. We request that each deceased be punished with life imprisonment separately."
At the hearing, the prosecutor requested the continuation of the detention of the detained defendant Abdullah Aybaba and the elimination of the missing issues.
Defendant Aybaba said, "I am innocent, I request my acquittal and release. No one can be held responsible regarding the 1975 regulation."
"THE CLIENT RETURNED TO HIS COUNTRY WITH HIS OWN CONSENT"
Defendant Abdullah Aybaba's lawyer stated that his client built nearly 50 buildings in Adana and only the Sami Bey Apartment Building was demolished, and requested that a new expert report be prepared by taking the core from the Ece Apartment, which was built in the same period and with the same materials.
Arguing that his client returned to Türkiye with his own consent, the lawyer said, "He boarded the plane alone from the Thai authorities. Everything is not as reflected in the press. While everyone is being tried without arrest, the client's detention in detention is incompatible with the administration of justice. The client is 78 years old. Prison conditions are very harsh. We demand that he be released under house arrest."
"THE CLIENT DOES NOT HAVE ANY CONSTRUCTION-RELATED ACTIVITY"
Defendant Eda Aybaba Çelik's lawyer stated that his client became a partner of the company in 1994 only in accordance with the legal procedure, that he did not earn any profit from the company and that he had no construction-related activities, and requested that an arrest warrant be issued not for arrest, but for testifying.
Speaking after the lawyer, the defendant Abdullah Aybaba said, "My daughter became a partner in the company because there must be two people as company partners in a limited company. She has no signature on any activity."
The court board decided to continue the detention of the defendant Abdullah Aybaba, to wait for the execution of the arrest warrant issued with a red notice about the defendant Eda Aybaba Çelik, and to reject at this stage the requests of the defendant Abdullah Aybaba and his lawyer to prepare a new expert report by taking a core from Ece Apartmanı. The next hearing will be held on November 26.
WHAT HAPPENED?
During the trial process, it was determined that the defendant Abdullah Aybaba went abroad from Istanbul Airport one day after the earthquake, but did not return home afterwards. Abdullah Aybaba, for whom a red notice was issued, was detained by the Thai police on April 24 as a result of the follow-up and work of the Interpol-Europol Department.
After the official procedures were completed, he was deported and brought to Türkiye on May 15. It was decided to arrest Aybaba, who was brought to Adana 4th High Criminal Court via SEGBİS.
