Turkish court rejects arrest request for contractor in building collapse case

A court has rejected calls to arrest contractor Şükrü İşitmen despite renewed appeals from victims’ lawyers during the third hearing involving the collapse of a building complex that killed 83 people in earthquakes that occurred in Turkey on February 6, 2023, local media reported. 

The magnitude 7.8 and 7.5 earthquakes claimed the lives of 53,725 people, injured more than 107,000 and left millions homeless after the collapse of 518,000 residential buildings. Among them was the Üzümkent complex in Adıyaman province, where contractors have been charged with “causing death and injury through negligence.”

Prosecutors are seeking 15-year prison sentences for defendants Şükrü İşitmen, his son Ahmet İşitmen and Mehmet Nuri Tuğsuz, another contractor. Witnesses have identified Şükrü İşitmen as the primary contractor responsible for the complex; however, he has failed to appear in court since the trial began. During the hearing Wednesday morning, complainants called for his arrest, claiming that he poses a flight risk and citing repeated violations of his release under judicial supervision, including his failure to report to a local police station.

İşitmen is currently free following a separate conviction related to another building collapse, having been sentenced to prison but released pending a review by the Supreme Court of Appeals.

İşitmen is a member of the ruling Justice and Development Party (AKP), and the complainants’ lawyers argue that this affiliation has influenced the court’s leniency toward him.

Trials related to the February 6 earthquakes have been overshadowed by allegations of irregularities and widespread criticism that they have failed to deliver justice for victims and their families.

According to Deutsche Welle Turkish service (DW), 2,622 suspects have been investigated in relation to buildings in the quake zone that either collapsed or had been structurally altered in violation of zoning laws. As part of these investigations, 259 people have been arrested, and judicial supervision orders have been issued for 946 others.

However, Ecevit Alkan, a lawyer from the Hatay Bar Association, said the number of lawsuits filed falls significantly short of the number of buildings that collapsed.

According to Alkan, even in the lawsuits that have been filed, trials are dragging on. He said expert reports are being revised, evidence is being debated and defendants are presenting their defense, but the number of cases that have reached the verdict stage is very low. “As the process drags on, public interest wanes, and this creates a perception among people that those responsible will not be punished,” he said.

Furthermore, critics have argued that there haven’t been any investigations into public officials in municipalities who were involved in the construction and inspection of collapsed buildings. So far, no court cases have been filed against public officials accused of negligence in their inspections.

Adıyaman Bar Association President Bilal Doğan said expert reports pointed to the responsibility of public officials, but that to date no investigation or court case has been initiated against them. 

A 2024 report by Human Rights Watch confirmed that there was a lack of criminal investigations into public officials despite compelling evidence, which seriously impacted the trials of contactors.