Decision After 18 Years in Pamukova Speed-Up Train Crash

Decision After 18 Years in Pamukova Speed-Up Train Crash

Decision After 18 Years in Pamukova Speed-Up Train Crash

The Constitutional Court (AYM) ruled that the "Accelerated" train accident case in Pamukova in 41, in which 89 people died and 2004 people were injured, was left on "protracted". The Supreme Court decided to pay Serap Sivri 50 thousand TL in compensation, who lost her husband.

Yakup Kadri Karaosmanoğlu, which departed from Istanbul Haydarpaşa on July 22, 2004, set off for Ankara. He entered the bend faster than ever, near the Mekece Village of Pamukova district of Sakarya. The train derailed. 41 people died, 89 people were injured.

No permission to investigate

The request of the Public Prosecutor's Office to open an investigation against TCDD General Director Süleyman Karaman was rejected by the Minister of Transport, Binali Yıldırım.

The whole judging was done on the two drivers and the train conductor. At the end of the first trial, one mechanic was sentenced to 2 years and 6 months in prison and a judicial fine of 1000 TL, the other 1 year, 3 months in prison and 733 TL of judicial fine. Train Chief Köksal Coşkun was acquitted.

The decision has been appealed several times. At the end of the appeal proceedings, it was decided that mechanic Fikret Karabulut was sentenced to a judicial fine of 15 thousand 784 TL, and mechanic Recep Sönmez was sentenced to a judicial fine of 47 thousand 352 TL. Penalties were divided into 20 equal installments one month apart and postponed.

This decision was also appealed.

As a result, the 12th Chamber of the Supreme Court of Appeals decided to drop the public cases against the defendants on 25 December 2019, on the grounds that the statute of limitations had expired.

applied to the AYM

Serap Sivri, who lost her husband, her husband's brother and two nephews in the accident, applied to the Constitutional Court. He argued that the trial about the incident that resulted in the death of his relatives was not carried out in a reasonable speed and therefore those responsible for the incident were not punished and that his right to life was violated.

The Supreme Court made the following assessments in its review:

- Considering the actions taken throughout the trial and the contents of the annulment decisions, the reason for the dismissal of the case due to the statute of limitations is that the case was left on hold. In this respect, it cannot be said that the proceedings were conducted with reasonable care.

- It has been concluded that the procedural aspect of the right to life has been violated due to the failure to conduct a trial with reasonable care and speed so as to cause the defendants to benefit from the statute of limitations, which is a reason for impunity.

-However, in accordance with the second paragraph of Article 38 of the Constitution, it was not possible to send a copy of the decision to the Criminal Court for a retrial, since the longer statute of limitations stipulated in the law that came into force later for the crime could not be applied for the crime committed in the past.

PROVISION

  • The claim regarding the violation of the procedural aspect of the right to life IS ACCEPTED,
  • That the procedural dimension of the right to life, which is guaranteed in Article 17 of the Constitution, has been VIOLATION,
  • Net 50 thousand TL non-pecuniary compensation to be paid,
  • A copy of the decision to be sent to Sakarya 2nd High Criminal Court for information,

It was decided unanimously.
The date was July 22, 2004. The train named Yakup Kadri Karaosmanoğlu, which departed from Istanbul Haydarpaşa, was going to Ankara. There were 230 passengers on the train. He entered the bend faster than ever, near the Mekece Village of Pamukova district of Sakarya.

Because the government of the time declared the traditional train as "Accelerated train" with some superficial corrections hastily made despite insufficient infrastructure on the busiest line. Experts warned, but no one listened.

The train derailed. It was a place of doom. News of the accident spread quickly. Relatives of the passengers clung to the phone. Suddenly kazanDozens of telephones began to ring in the area where it was located. But no one answered to dozens of them. Those who rushed to help could not pick up the phones. The result was terrible. 41 people died, 89 people were injured.

BINALİ YILDIRIM DID NOT PERMISSION TO INVESTIGATION

Despite so many deaths and injuries, not a single person from TCDD executives was prosecuted. The request of the Public Prosecutor's Office to open an investigation against TCDD General Director Süleyman Karaman was rejected by the Minister of Transport, Binali Yıldırım.

ONLY TWO MECHANICS ARE DETAILED FOR A TOTAL OF 8 MONTHS

The whole judging was done on the two drivers and the train conductor. At the end of the first trial, one mechanic was sentenced to 2 years and 6 months in prison and a judicial fine of 1000 TL, the other 1 year, 3 months in prison and 733 TL of judicial fine. Train Chief Köksal Coşkun was acquitted.

The decision has been appealed several times. At the end of the appeal trial, it was decided that mechanic Fikret Karabulut was sentenced to a judicial fine of 15 thousand 784 TL, and mechanic Recep Sönmez was sentenced to a judicial fine of 47 thousand 352 TL. Penalties were divided into 20 equal installments one month apart and postponed.

This decision was also appealed.

As a result, the 12th Chamber of the Supreme Court of Appeals decided to drop the public cases against the defendants on 25 December 2019, on the grounds that the statute of limitations had expired.

Despite so many deaths in the disaster, the punishment given by the Republic of Turkey consisted of 5 months for mechanic Fikret Karabulut and 3 months for second mechanic Recep Sönmez.

APPLICABLE TO THE CONSTITUTIONAL COURT

Serap Sivri, who lost her husband, her husband's brother and two nephews in the accident, applied to the Constitutional Court. He argued that the trial about the incident that resulted in the death of his relatives was not carried out in a reasonable speed and therefore those responsible for the incident were not punished and that his right to life was violated.

The Supreme Court made the following assessments in its review:

  • Considering the actions taken throughout the trial and the content of the reversal decisions, the reason for the dismissal of the case due to the statute of limitations is that the case was left on hold. In this respect, it cannot be said that the proceedings were carried out with reasonable care and speed.
  • It has been concluded that the procedural aspect of the right to life has been violated due to the failure to conduct a trial with reasonable care and speed so as to cause the defendants to benefit from the statute of limitations, which is a ground of impunity.
  • However, in accordance with the second paragraph of Article 38 of the Constitution, it was not possible to send a copy of the decision to the Criminal Court for a retrial, since the longer statute of limitations stipulated in the law that came into force later for the crime could not be applied for the crime committed in the past.

PROVISION

  • The claim regarding the violation of the procedural aspect of the right to life IS ACCEPTED,
  • That the procedural dimension of the right to life, which is guaranteed in Article 17 of the Constitution, has been VIOLATION,
  • Net 50 thousand TL non-pecuniary compensation to be paid,
  • A copy of the decision to be sent to Sakarya 2nd High Criminal Court for information,

It was decided unanimously.

(SPOKESMAN)

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