Death of woman falling between wagon and platform

The death of the woman who fell between the wagon and the platform: In the case related to the death of academician Ebru Gültekin Ilıcalı by falling on the rails 2 years ago, the reason for the 1 year 11 months and 10 days imprisonment sentence given to the conductor for the crime of "causing death by negligence" was announced.

The reasoned decision of the 30th Criminal Court of First Instance of the Anatolian Court of Justice was distributed to lawyers.

In the reasoned decision, it was stated that the action took place in the form of "the conductor ordered the mechanic to move before all the passengers had landed and boarded and got on his own private wagon before the doors were fully closed".

Conductor of the Republic of Turkey, State Railway (TCDD) Regulations loaded at the most important task of the decision highlighted his missing, "gave instructions after riding all of the passenger or have been riding the wagon ride all of the passengers and status differences will occur accident, though meat. Therefore, the action of the accused directly affects the formation of the accident and is a decisive action ”.

Therefore, it was noted in the decision that it was understood that the defendant conductor Süleyman Uğur Özkoç was "essentially flawed" in the formation of the accident.

In the decision that the system that prevents the movement of the train from closing before the doors of the wagons are closed or not working in a healthy way, it is stated that the movement of the train without closing the doors is contrary to the standards.

The reasoned decision, which was stated that the distance between the train and the door step and the platform dock was measured as more than it should be in accordance with the orders of the TCDD General Directorate, included the following statements:

“This issue was attributed to the TCDD enterprise as it was found to be unacceptable according to international standards as well as contrary to TCDD's own standards. It was clearly stated in the expert reports that the aforementioned deficiencies were directly effective and determining deficiencies in the formation of the accident and that the accident would not occur even if any of the deficiencies were not present, and it was accepted by the court. For this reason, it was understood that TCDD was at fault and a criminal complaint was filed against its responsible authorities. "

In the reasoned decision, it was stated that the accused conductor Özkoç was essentially at fault and committed the crime of causing death by negligence on the grounds that the accused conductor Özkoç had acted against his obligation of attention and care in the occurrence of the accident, and it was stated that the faulty act of the engineer Abdullah Çiğdem could not be detected.

  • The decision of the court

Anadolu 30th Criminal Court of First Instance sentenced defendant conductor Süleyman Uğur Özkoç to 15 years and 2 months in prison for “causing death by negligence” in its decision on 4 July. Considering the defendant's well-being at the hearing, the court reduced the sentence to 1 year 11 months and 10 days in prison.

The court, which postponed the sentence of Özkoç on the grounds that he had not been sentenced for an intentional crime before, the court acquitted the machinist Abdullah Çiğdem on the grounds that the act imposed cannot be defined as a crime in the law.

The court ordered a criminal complaint to be filed with the Chief Public Prosecutor's Office in order to evaluate whether any action could be taken in this regard, since it was determined that the TCDD official or officials had a fault, which was determined by an expert report that did not comply with national and international standards.

 

Armin

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