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On May 13, 2014, 301 miners lost their lives and Turkey’s largest mining accident in the legal fight lasted about 6 years with the tragedy of Soma that place in memory where the families of the miners who announced the news wait of the Supreme Court of the Office 12.
As a result of the objections of the martyred miners’ families, the 12th Chamber of the Supreme Court upheld the acquittal verdict of 37 defendants in the case of the Soma mine disaster in which 301 miners lost their lives, while the owner of the Can Gürkan mine, who was released from the defendants, was released from the suspects, the Soma General Manager of Operations, Ramazan Doğnru, and the Technical Operations Manager İ Akmail. It stated that Mr. Adalı should be punished 301 times for “killing with possible intent” and “wounding a person with possible intent” 162 times.
The Supreme Court also ordered the release of Ertan Ersoy, a technical supervising mining engineer, taking into account the period he spent in prison.
“THE DECISION TO SPILL WATER ON THE HEART OF MOTHERS, FATHERS, WIFE AND CHILDREN”
CHP Group Vice President Özgür Özel evaluated the decision of Chamber 12 of the Supreme Court on the Soma case at the press conference held with CHP Manisa provincial president Semih Balaban and the district heads in the provincial building of your party.
CHP’s Özel stated that the miners’ families are happy with the decision and said:
* The 12th Chamber of the Supreme Court of Appeals approved some decisions and reversed some of them in the trial that took place and culminated in the Soma disaster. Among the reversed decisions, he reversed the sentences of CEO Ramazan Doğru, including Can Gürkan, operations manager Akın Çelik and technical manager İsmail Adalı for ‘causing simple wrongful death.
* And he said they should be retried 301 times for “possible intentional murder” and 162 times for “possible intentional injury.” This decision sprinkled the hearts of mothers, fathers, spouses and children who lost their family members in the Soma disaster. Of course, there are aspects of the decision that can be criticized and do not meet expectations.
* For example, approving the acquittal against Alp Gürkan. There are some public reactions to the approval of 37 acquittals. However, here we consider it normal to approve the acquittals granted to those who were deceived by the company without any fault, who were supposed to say ‘You have to sign a signature here’ and assumed some responsibilities in front of the witnesses without knowing anything ”.
“CAN GÜRKAN’S JOURNEY ON IS NOT ACCEPTABLE”
CHP Group Vice President Özel claimed that the mine owner Can Gürkan, who was out after the decision, could escape abroad at any time and should be arrested as soon as possible.
CHP Special made the following statements in his statement:
* Now the most important step to take here is the arrest of Can Gürkan. With the decision of the Supreme Court, it is not acceptable that Can Gürkan, who will be tried for the death of 301 people with ‘possible intention’, travel abroad or even to operate a mine. Our fear is that it escapes abroad.
* It is necessary to take the necessary measures in this regard, that the judicial authorities act as soon as possible, the decision to accept the ban on leaving the country and the arrest warrant or the arrest request must be made as soon as possible. ‘
“ HOW THE JUDGE’S DECISION WAS INJURED ”
The CHP special continued his statement as follows:
* We said from day one that we will not forget Soma and we will not forget him. We said that the heart of the flour should dry out. All of Turkey called him. But many people were less interested in this during the trial.
* For example, the MHP and its deputy Manisa were close followers of the case in the early days, but when they switched over to the Popular Alliance, they almost switched sides in the case. They began not to follow the case and not to react to bad decisions.
* When we rebelled together to dominate public opinion, perhaps this change could not understand that the miners of Turkey rebelled against the decision but before all the judges who had arrived.
* Now it is clear that the decision of that judge was a stalled decision, which expelled the criminals and perhaps would allow them to go abroad.
* In our eyes, those who caused the deaths of our 301 brothers will go unpunished, maybe after 1 year, no one is left inside and this business will be closed, and we appreciate the decision of the Supreme Court of Appeals to try again.
“MINISTERS SHOULD ALSO BE JUDGED”
In its special statement, the CHP indicated that the ministers and bureaucrats who served at the time of the disaster must appear before the judiciary.
Striking private case in the trial of the only two public officials prosecuted, “We expect mining operations from headquarters, Turkish coal operators to participate in this trial period until the politician with ministers and officials of. Duty to the ministers is the next legislature. They must be tried before the Supreme Court. But the task related to the bureaucracy was expected of the Supreme Court. We also consider a deficiency that a decision has not been made on it. But, in general, we are satisfied with this decision. Water has been sprinkled on the hearts of mothers, “he said.
“WE FOUND YARGITAY’S DECISION CORRECTLY”
In evaluating the decision, the president of the Manisa Bar Association, Av. Ali Arslan, in his statement to Sözcü, stated that the Supreme Court’s decision to re-try about 4 people was correct and said: “Because one of the major reasons for the occurrence of this accident is forced production. Everyone knew that although production and the number of employees increased, ventilation shafts were not built in the mine, the necessary measures were not taken, and that these were within the president of the Can Gürkan mine. Although they predicted this work, they had to be tried for possible intentional homicide since they did not take the necessary precautions ”.
“THE TEST WILL BE REPEATED”
The president of the Illustrious Bar Association provided the following information on the judicial process that will take place after the decision of the Supreme Court: “The accused have the right to rectify the decision. If there is such an objection, it will be evaluated. The file will then go back to the Manisa Akhisar High Criminal Court. There will be a test again. The Supreme Court also says that the two public servants who have been released have found deficiencies in the engineer’s judgment and that they should be tried on the charge of “causing the murder by willful negligence.” The necessary investigation will be carried out on them and a new trial will be issued. “
“CAN GÜRKAN BE ABLE TO LEAVE, SHOULD HE BE ARRESTED?”
Like Özgür Özel, the president of the Bar Association stated that the home owner, Can Gürkan, should be arrested as soon as possible following the decision of the Supreme Court of Appeals.
In his statement, the president of the Illustrious Bar Association stated the following:
* Can Gürkan was released by the court of appeal. But now the Supreme Court has ruled that 301 miners must be tried for possible intent on behalf of each. Penalties of between 20 and 25 years are expected for each miner. He is also expected to be sentenced 162 times without possible intentional injury. Can Gürkan had previously been punished for causing wrongful death. However, the Supreme Court did not accept this.
SOMALI MINE CITY FAMILIES ARE HAPPY
Speaking to SÖZCÜ about the Supreme Court decision, Naciye Kaya, who lost her husband Mustafa Kaya in the Soma mining disaster, said:
* It was the best news I received in the time after the disaster. Although it is a late decision, we are very happy. It was a decision that should have been, after all.
* The fact that Can Gürkan is out and the evacuation demands of the others were wrong from the start. While my wife and 300 other miners lay in their graves, the fact that Can Gürkan was outside was something we couldn’t digest. We don’t find this fair. I am very happy with my children. I had lost hope for the past 6 years. He no longer had confidence in justice. However, with this latest Supreme Court decision, my hope returned.
* I hope this hope does not disappear. I will follow up on the case that will take place in the Akhisar Criminal Court again. There is no return. Wherever this case is seen, I don’t care, I’ll follow it.
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