Court hands downs ruling in Şule İdil Dere case: ‘I have lost my trust in justice’
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The final hearing of the case filed into the death of Şule İdil Dere was held at İstanbul 57th Penal Court of First Instance today (September 10).
Hit by an earth-moving truck of İstanbul Metropolitan Municipality (İMM) while taking a walk in Yoğurtçu Park in Kadıköy, Dere lost her life on May 12, 2016.
Accepted 17 months after Dere's death, the indictment referred to the İMM as the main employer and İSTAÇ Corp. as the contractor company.
Facing 2 to 6 years in prison on charge of "causing reckless homicide," the defendants of the case were as follows: Driver Mümin Kılıç; İMM Environmental Protection Control Department, Maritime Affairs Directorate, Coastal Cleaning Chief Saffet Altındağ; İMM Field Supervisor Ergun Ata; İMM Field Supervisor Geomatic Engineer Kamil Celal Yıldırım; İSTAÇ Corp. Maritime Affairs executive İbrahim Ruhi Kelleci; İSTAÇ Corp. Occupational Health and Safety Chief Zafer Karasaçlı; and İSTAÇ Corp. Asian Side Coastal Cleaning Chief Teyfur Bingöl.
Aslan: The responsible parties were not put on trial
The final hearing of the case was held at the İstanbul Anatolian 57th Penal Court of First Instance today. The hearing was attended by attorneys of the parties as well as Nesrin Aslan, the mother of deceased Şule İdil Dere.
The court board has ruled that İMM and İSTAÇ worker driver Mümin Kılıç shall be sentenced to 3 years, 10 months in prison; İbrahim Ruhi Kelleci to 2 years, 11 months in prison and Zafer Karasaçlı to 2 years, 1 month.
Other defendants Teyfur Bingöl, Saffet Altındağ, Ergün Ata and Kamil Celal Yıldırım have been acquitted of the offense charged.
Breaking into tears when she heard the ruling, mother Aslan said, "I have lost my trust in justice. The responsible parties were not put on trial."
What happened?
May 12, 2016: 23 year-old Şule İdil Dere lost her life after being hit by an earth-moving truck of the İMM and its contractor company İSTAÇ Corp. Dere was taking a walk in the Yoğurtçu Park in Kadıköy when she was hit.
May 23, 2016: While the expert report indicated that he was "jointly and severally liable - primary negligent party," the İMM Environment Protection and Control Department Head was promoted as the Head of İMM Department of Inspection Board.
February 2017: Three expert reports were prepared about the incident. All of these complementary reports found 11 İMM workers "jointly and severally liable and responsible." The prosecutor appealed to the İstanbul Governor's Office so that 11 civil servants from the İMM could be investigated.
May 12, 2017: The Governor's Office of İstanbul did not permit the investigation of 8 of 11 İMM officials, indicating that they were not "primary negligent parties." The Governor's Office signed this decision on the death anniversary of Şule İdil Dere.
June 2017: The family of Şule İdil Dere appealed to the İstanbul Regional Administrative Court and filed a lawsuit against the above decision.
July 2017: The regional administrative court upheld the decision of the İstanbul Governor's Office. The decision in question was taken based on a report prepared by the inspector appointed by the Head of İMM Department of Inspection Board, whom the prosecutor's office found "primarily responsible" and for whom it requested investigation.
That was how eight senior İMM officials who were found "jointly and severally liable and responsible" were not put on trial.
August 2017: In response to the above ruling of the İstanbul Regional Administrative Court, the family of Dere made an individual application to the Constitutional Court on the grounds that the right to life of Dere had been violated and the responsible parties were protected.
October 2017: In the indictment accepted by the İstanbul Anatolian 57th Penal Court of First Instance, only three people from the İMM, namely one chief and two construction site supervisors, three people from the İSTAÇ Corp., namely one manager, one chief and one occupational health and safety speciality were taken within the scope of the trial. (EMK/SD)