Many contractors were detained after the earthquake. While evidence was being collected, investigations were also accelerated. Faruk Aktay, a lawyer registered to bar associations in the USA, the UK and Turkey, evaluated the legal aspects of the ongoing work and said that earthquake victims have the right to compensation even after 30 years. Aktay explained the legal aspects of the earthquake. Stating that many contractors were taken into custody after the earthquake and investigations were carried out rapidly, Aktay said, “However, the most important issue here is to prosecute whoever is at fault for the buildings that collapsed after the earthquake disaster. Firstly, contractors can be identified and then other responsible parties can be included in the process. The process needs to be carried out in a comprehensive manner. At this point, prosecutors already start an investigation without a complaint. It is also very important to consolidate the cases in order for the trial processes to proceed quickly.”
Lawyer Faruk Aktay explained the legal processes after the earthquake.
NO STATUTE OF LIMITATIONS
Stating that a contractor is responsible for the house he built for five years, Aktay said, “If there is a hidden defect in the building built by the contractor, the contractor must pay compensation to the citizen. If the contractor has a gross defect or fraudulent behaviour, there is no statute of limitations here. For example, the Supreme Court of Appeals has already decided on this issue. They came for an audit. In order to get approval for the inspection, if they have closed defective places that should not normally be closed, the contractor has a gross defect. In order to reveal this, evidence is currently being collected from collapsed buildings in the earthquake zone. In such a case, even if 30 years pass after the construction of the building, the citizen has the right to compensation.”
MUNICIPALITY IS ALSO RESPONSIBLE
Stating that those who authorised the construction should also be investigated, Aktay said “If different ways have been taken between the permitting institutions and contractors, whoever is involved here should also be investigated. The permitting institution should also pay the citizens. People outside the earthquake zone have started to have their houses inspected. Different situations may arise if the houses are found damaged in the inspections carried out here. If the contractor has fraud and gross negligence and the building is found to be risky, the citizen can file a lawsuit against the contractor and other responsible parties. This also includes the municipalities that issue the certificate of occupancy. The municipality can also be sued.”
DOES NOT GO TO PRISON
After the 1999 earthquake, Aktay said that they saw that contractors were prosecuted with conscious negligence and added: “There is no earthquake offence in our legislation. In other words, there is an article stating that building in violation of the zoning and licence and building without a licence constitute the offence of zoning pollution, which will constitute a crime between 1 and 5 years. If there is a death, then when there is conscious negligence, a trial is held for manslaughter by negligence. The penalty for negligent manslaughter is between 2 and 15 years. In conscious negligence, this penalty is increased by 1/3 to 1/2. Therefore, the penalty of 2 to 15 years is opened in a very wide range of 3 to 22 years. In some cases, we encounter people who are released from prison almost without going to prison. As a result, sentences need to be reorganised.”
THERE IS NO PROSECUTION IF THE BUILDING DID NOT COLLAPSE WITH THE CUT GIRDER
Aktay also said the following about the cut columns: “There is a regulation about this in our Penal Code. If this building collapses because the columns are cut, the penalty varies from 3 months to 1 year according to the penal code. Apart from this, we do not have a clearer article. If the building did not collapse as a result of column cutting, a decision of non-prosecution is made. If the building collapsed as a result of column cutting, it is evaluated differently.”
ARTICLE 57 OF THE CONSTITUTION SHOULD BE AMENDED
Pointing out that the word earthquake is not mentioned in the Constitution of the Republic of Turkey, Aktay said, “Article 57 of the Constitution needs to be amended. It should be a constitutional obligation for houses to be earthquake resistant and reliable.”
SUGGESTION FOR SALE TO FOREIGNERS
Faruk Aktay said, “Thousands of houses were destroyed and damaged in the recent earthquake disaster in Kahramanmaraş. The need for housing suddenly increased even more. Therefore, the practice of selling housing to foreigners should be abolished for a while or different practices can be applied to reduce the interest of foreigners. Citizenship obtained after $ 400 thousand investment can be drawn to higher levels, “he said. Aktay suggested a similar way to prevent rent increase: “The residences of foreigners who buy houses and do not live in them should be allocated to earthquake victims.
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