How is criminal liability determined in the İğneada flood disaster?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Summary: The trial concerning the 2023 flood disaster in the town of İğneada, Kırklareli, in which six people died, was held again after the Court of Cassation’s reversal. The court reimposed prison sentences for some defendants and acquitted one defendant.
Six people died in the flood disaster at the bungalow facility known as “Sisli Vadi” in İğneada. At the retrial following the Court of Cassation’s reversal on procedural grounds, the court sentenced facility owner Bülent Bayrak to 18 years and 2 months in prison and the other defendants, Cenan Aydın and Büşra Gökgöz, to 7 years and 6 months each; it acquitted Sevcan Ulutürk.
The case raised the duty of businesses to take foreseeable risks into account in their operations and the elements of the offense of causing death by negligence.
Attorney Aylin Esra Eren explained how criminal liability is assessed in natural disasters.
Question: If a death occurs as a result of a natural disaster, does the business owner bear criminal liability?
Attorney Aylin Esra Eren: The occurrence of a natural disaster does not, by itself, eliminate criminal liability, nor does it automatically create liability. The relevant persons’ legal duties, whether the danger was foreseeable, whether necessary precautions were taken, and the causal link between the conduct and the outcome are examined.
Question: What is the difference between negligence and conscious negligence?
Attorney Aylin Esra Eren: In negligence, a person causes the result described by law by acting contrary to a duty of care and attention, without foreseeing that result. In conscious negligence, the person foresees the result but does not desire it and acts in the belief that it will not occur. Which evidence establishes this distinction in the specific case is important when determining the sentence.
Question: Can a licensing violation or lack of safety precautions affect the criminal case?
Attorney Aylin Esra Eren: Permits, construction and operating conditions, warnings, inspection reports, and information previously known about risks may be important in the case file. However, it must also be investigated whether there is a legally significant connection between an administrative violation and the death.