As the anniversary of the February 6 Kahramanmaraş-centered earthquake approaches, the painful traces of that dark night remind us once again of the fact that “it is not the earthquake that kills, it is the building.” The damage caused by cutting or shaving the load-bearing columns in real estates in order to gain space emerges as the most important factor that causes losses due to earthquakes. Attorney Baran Usanmaz, who drew attention to the fact that interventions made in columns with such construction techniques and legislation contrary to the law are not direct causes of death, said, “Therefore, the persons responsible for the damage to the columns are punished for the crime of “causing death by negligence” according to Article 85 of the Turkish Penal Code, and depending on the situation of the incident, the penalty may be increased with the existence of conscious negligence within the scope of Article 22/3.”
Turkey, a country with a high earthquake risk due to being located on major fault lines such as the Eastern Anatolian Fault Line, the Western Anatolian Fault Line and the Northern Anatolian Fault Line, frequently experiences this reality through bitter experiences. Most recently, on February 6, 2023, it experienced great destruction with the earthquakes that took place in Kahramanmaraş and its surrounding provinces, which went down in history as the “disaster of the century.”
Two earthquakes of magnitude 7,7 and 7,6 affected 11 provinces, deeply shaking the lives of millions of people. While tens of thousands of our citizens lost their lives, thousands of buildings were destroyed and hundreds of thousands of people were left homeless. This disaster caused Turkey to face the reality of earthquakes once again, and as the reasons for the collapse of the buildings became clear, it raised important questions about structural safety.
One of the most striking reasons for the destruction was the pre-cutting or destruction of the columns that were the load-bearing elements of the buildings. In many buildings, especially the owners of the shops on the ground floors or those who were renovating them damaged the columns in order to expand their spaces or make them more usable. Acting with the idea that “one or two columns will not do any good,” these people actually created a great risk by intervening in the points that carry the centers of gravity of the buildings.
“He may be tried for possible premeditated murder”
Lawyer Baran Usanmaz, who emphasized that cutting or damaging columns is a serious crime that threatens the safety of not only those living in that building but also the entire society, said, “A person who cuts columns can be tried for the crime of possible premeditated murder because he/she carries out the act by taking this risk, despite foreseeing that the building could collapse and people could die. The penalty for possible premeditated murder is 20 to 25 years in prison.
Article 184 of the Turkish Penal Code (TCK) regulates this issue under the title of “Causing zoning pollution”. Accordingly, it is a crime to build a building without a license or in violation of a license, to make changes to an existing building or to damage the load-bearing elements of a building. Since cutting a column also means damaging the load-bearing elements of a building, it also constitutes a crime under this article. According to Article 184 of the TCK, the penalty for causing zoning pollution is imprisonment from 1 to 5 years. However, if this action causes the death or injury of one or more people, the penalty is increased,” he said.
What to Do If Colon Transection Is Suspected?
If there is a suspicion that columns have been cut or damaged, Attorney Usanmaz emphasized that a criminal complaint can be filed with the Office of the Chief Public Prosecutor in your province or an application can be made to the Civil Court of Peace for determination in order to protect both your own safety and your legal rights. He said, “During this process, an official report may be requested as a result of the deterioration (evaluation of the structure) and expert examination. The expert will evaluate whether there is any structural deterioration in the building and how this deterioration affects earthquake safety in the report in question.
“During this process, the building inspection firm’s report, expert examination and court decisions are critical to determining the building’s compliance with earthquake regulations and structural safety. If structural deterioration is detected in the building, the necessary legal procedures can be initiated and measures such as strengthening or demolishing the building can be taken,” he concluded.
