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.
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