24.02.2025 15:51
In the case where 46 defendants, 25 of whom are in custody, are being tried for allegedly transferring emergency infant patients to private hospitals' neonatal units with which they had pre-arranged agreements, resulting in deaths and unjust profits, the court has decided to release 4 of the detained defendants under judicial control conditions.
The trial of 46 defendants, 25 of whom are in custody, who are accused of unfairly profiting by transferring newborn babies to the neonatal units of contracted private hospitals in Istanbul and causing their deaths through negligent behavior, continued.
THE HEARING WAS HELD IN THE CONFERENCE ROOM
Due to the insufficient capacity of the Bakırköy Courthouse's 22nd Heavy Criminal Court, the hearing is being held in the conference room. The third hearing of the case was attended by 25 detained defendants, including Fırat Sarı, who is alleged to be the leader of the criminal organization, some defendants who are not in custody, complainants, and lawyers. After the detained doctor İlker Gönen took his own life in the prison where he was held, the number of defendants increased to 46. The hearing began around 10:50 with a roll call of the defendants.
"THE INVESTIGATION PHASE WAS CONDUCTED INCOMPETENTLY AND INCOMPLETELY"
Detained defendant Serdar Yüksel's lawyer stated, "We do not accept the indictment in any way." The lawyer of detained defendant Rıza Keykudad requested, "I ask for a decision to reject the participation requests. We do not accept the allegations related to causing the death of baby Kaya. The investigation phase was conducted incompetently and incompletely."
DEFENSE WITH A QUOTE FROM KURTLAR VADISI
The lawyer of detained defendant Tuğçe Toptemel, one of the individuals who threatened prosecutor Yavuz Engin, said, "There have been many references to Kurtlar Vadisi in this case, and I will also quote a line from that series; 'There is a bomb with the pin pulled out, everyone says swallow the bomb and explode.' We are prepared to die; we are thinking about who we will take with us. My client was used as a battering ram. Because my client’s name was mentioned in the incident of threatening the prosecutor, they cannot be released. The right has no urgency. Because our name was mentioned in this incident, our burden of defense has increased significantly; everyone thought, 'If they are innocent, why was their name mentioned in this incident?' My client was one of the most likely individuals to be released even during the investigation phase according to legal evidence. In the expert opinion, they were not even held responsible; thus, their release was very possible; this was not done. Subsequently, as you know, the threat process and the circulation of the video. When I watched the threat video, I really felt sorry for Tuğçe; I thought about how she would bear this burden. She has carried it until now. Let’s watch that video carefully; the person making the threat also mentions other individuals. The reason this person making the threat likely wanted to get my client released was that my client was already in a position to be legally released. They would say to other detained defendants who would take the blame as if they did it themselves, 'We got Tuğçe released; those who want to be released should come to us, not the lawyers.'"
4 DEFENDANTS WERE RELEASED
The court decided to release 4 detained defendants under judicial control. The hearing was postponed to April 21, 2025.
BACKGROUND OF THE CASE
In the 1399-page indictment prepared by the Bakırköy Chief Public Prosecutor's Office, it is stated that the criminal organization led by defendant doctor Fırat Sarı was managed by defendant doctor İlker Gönen and 112 Emergency Call Center ambulance driver Gıyasettin Mert Özdemir.
The indictment notes that the main purpose of the criminal organization was to eliminate the 112 transfer system of the neonatal intensive care units they took over, ensure their occupancy, manipulate the patients' levels, and receive maximum payments from the Social Security Institution (SGK).
It is stated in the indictment that the condition of the sick babies was presented as more severe than it actually was, and their hospital stays were prolonged unnecessarily, resulting in high fees being collected from SGK and excessive payments from some patients' relatives.
Instead of transferring baby patients to hospitals that would provide appropriate health services, they were admitted to hospitals chosen by the defendants, which appeared profitable for the organization, and it is expressed that most of the profits were shared with the defendant members of the organization who are health workers.
The indictment emphasizes that the main goal was to obtain the maximum financial gain rather than improving the health status of the babies.
REQUESTED PENALTIES
In the indictment, for the deaths of 10 babies, defendants Fırat Sarı and İlker Gönen are charged with "manslaughter by negligence," "qualified fraud," and "establishing an organization for the purpose of committing a crime," with a total of 10 counts, and "forgery in official documents" for 11 counts, requesting a total of 177 years and 6 months to 582 years and 9 months in prison.
Defendant Gıyasettin Mert Özdemir is also requested to be sentenced to 180 years to 589 years and 9 months in prison for "manslaughter by negligence," "unlawful acquisition of personal data," "fraud to the detriment of public institutions and organizations," "establishing an organization for the purpose of committing a crime," and "forgery in official documents," while similar prison sentences are foreseen for 44 defendants, 8 of whom are women.
The indictment also requests that security measures specific to legal entities be applied to the hospitals and companies from which material benefits were obtained through "fraud," including their closure and confiscation of their assets.
As part of the investigation, the licenses of 9 hospitals in Istanbul and 1 hospital in Tekirdağ Çorlu were revoked, and the babies and patients receiving treatment in these hospitals were transferred to public hospitals by ambulances.
Additionally, those who threatened prosecutor Yavuz Engin, who is conducting the investigation into the newborn gang, were also arrested.
4 DEFENDANTS WHO WERE NOT IN CUSTODY WERE ARRESTED
In line with the court's decision during the first hearing, the defendants who were being tried without detention, including doctors Mehmet Gürül from TRG Hospitalist Hospital, the Administrative Director of the same hospital Murat Mantuş, doctor Şeyhmus Çelik, and the responsible director of Esenler Güney Hospital, doctor Ali Dirik, were arrested.
Efforts to capture Ali Aksu, the owner of Birinci International Hospital, who is wanted for arrest but is currently at large, as well as nurse Serenay Şenkalaycı and nurse Ceren Hatice Kırım, are ongoing.
Furthermore, after the defendant İlker Gönen committed suicide in the prison where he was held in Antalya on February 1, the number of detainees decreased to 25, and the total number of defendants became 46.