29 people had given their lives! A chain of negligence at the nightclub in Beşiktaş.

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During the renovation at a nightclub in Beşiktaş, a fire broke out resulting in the deaths of 29 people. The indictment prepared regarding the incident stated that in the business's license file, it was noted that since 2007, "licensed restaurant and discotheque" permits had been issued by the Beşiktaş Municipality for different companies, and there was no record of inspections conducted by the municipality before or after the permits were issued. The indictment mentioned that an investigation was conducted upon permission regarding a total of 13 defendants, including the then Beşiktaş Deputy Mayors Ahmet Koray Bayraktaroğlu, Ahmet Mithat Şermet, Yasemin Saral, and Ali Rıza Yılmaz, as well as other public officials in the municipality who signed the license and employees of the İBB fire department.

DISCO PERMIT GRANTED IN 1987

The indictment included a letter from the Istanbul Governorship's Administration and Supervision Directorate, stating that a "discotheque" permit was granted for the area, which was built as a cinema hall, by the Beşiktaş District Governorship and Beşiktaş Municipality in 1987. It was emphasized in the indictment that Savio Tourism Management applied to the municipality on October 13, 2006, to open a licensed restaurant and nightclub, and later a restaurant café bar in the mentioned place. Following this, it was stated that the Beşiktaş Municipality's License and Supervision Directorate consulted with the İBB's fire, zoning, real estate, and expropriation directorates, as well as the Beşiktaş District Governorship.

CONFLICTING REPORTS FROM İBB FIRE DEPARTMENT IN 2006

The indictment pointed out that in the Fire Maintenance Inspection Report dated September 14, 2006, from the İBB Fire Support Services Directorate, it was stated that "there is no such business at the given address" when they went to inspect the mentioned place. Subsequently, in a new report prepared by the fire department regarding the area on November 7 of the same year, it was emphasized that "the protective measures taken against fire are sufficient as of today."

CHAIN OF NEGLIGENCE

The indictment stated that although the area was reported to be 1500 square meters by Savio Tourism Management, the fire department's report accepted it as 750 square meters, and the Beşiktaş Municipality's License and Supervision Directorate issued a license to open and operate as a licensed restaurant with a usage area of 900 square meters.

FIRE REPORT NOT ISSUED IN ACCORDANCE WITH REGULATIONS

The indictment referred to the "Regulation on the Fire Protection of Buildings" in effect in 2006, stating that even if the business was 750 square meters as mentioned in the fire report, the report did not comply with the regulations of the time. It was noted that the business had been operating as a "discotheque" since the day it opened and was not used as a licensed restaurant, and the report issued was not in accordance with the regulations. The indictment mentioned that on August 19, 2011, Gümüş Tourism Foreign Trade Company requested the license of the business to be arranged as a discotheque, and a license to open and operate was granted accordingly, while it was reported that the Beşiktaş Municipality considered the fire report from November 7, 2006, sufficient despite the change in the business's activity and usage area.

IN 2013, IT WAS LISTED AS 'STORAGE' IN THE TITLE DEED

The indictment stated that the Beşiktaş Municipality's Zoning Directorate informed the License and Supervision Directorate on August 2, 2013, that the business was listed as "storage" in the title deed, and there was a complaint regarding the fire exit of the apartment not being in accordance with the building project, and it was also stated that information should be provided to the İBB regarding the matter. It was emphasized that the issue was not forwarded to the İBB Fire Department by the License and Supervision Directorate.

NOT INSPECTED AFTER THE LICENSE WAS ISSUED

The indictment stated that in the business's license file, it was noted that since 2007, different companies had been issued licenses for licensed restaurant and discotheque activities by the Beşiktaş Municipality's License and Supervision Directorate, and there was no record of inspections conducted by the municipality before or after the permits were issued.

FIRE REPORT OBTAINED IN 2006 WAS STILL CONSIDERED VALID IN 2018

Although there was a complaint petition from a citizen regarding the fire exit in 2013 in the business's license file, it was stated in the indictment that the Beşiktaş Municipality's License and Supervision Directorate did not request a new fire report from the İBB Fire Department, and the report from 2006 was deemed sufficient. It was noted that on November 14, 2018, a license to open and operate was issued based on this report for a business with a usage area of 1525 square meters on behalf of Three Brothers Tourism Organization Management Inc.

The indictment also included the statements of the defendants, including fire sergeant Fazlı Yavuz, who prepared the fire report for the nightclub.

Yavuz stated that they visited workplaces without a representative from the municipality or another institution, saying, "We were greeted by the owner or representative of the workplace. We reported the size of the workplace based on the statement of the person who welcomed us and showed us around. I assume that the report you have shown me is in this manner. We do not have the opportunity to test the fire safety measures present at the workplace when we visit. We only observe whether they are present and report accordingly."

DEFENSE OF "I HAVE NO KNOWLEDGE" FROM THE DEFENDANTS

The then deputy mayor Ahmet Koray Bayraktaroğlu stated in his testimony that the signature on the workplace license issued on July 5, 2007, belonged to him, and that after being signed by the officer, chief, and license director, the license file was brought to him for his signature. Bayraktaroğlu claimed that he signed the license after checking whether the documents requested from the fire department, district police department, and other directorates had arrived, and whether the workplace license fee had been paid, and that he had no knowledge of whether the relevant unit personnel had visited the workplace to check compliance with the license before it was issued, or whether a report was prepared if they did visit. He noted that the fact that the file reached him at the signature stage as the deputy mayor implied that it had been checked on-site by the relevant personnel, and he stated:

"Furthermore, I do not know whether any inspections were conducted after the license was signed. As far as I know, according to the provisions of the legislation, it is necessary to check whether the relevant workplace operates in accordance with the license provisions after a certain period following the issuance of the license. Although the application stated 1500 square meters, the fire report indicated 750 square meters, and the workplace opening and operating license stated 900 square meters, I do not know the reason for the discrepancy. However, I can comment. In my comment, the figure determined by the staff in the license department should be taken as the basis. I think it is normal for the amount determined by the fire department to be slightly higher since the workplace license fee was collected by the municipality. Although a request for a licensed restaurant and nightclub was made for the mentioned place, it was deemed appropriate by our municipality to issue only a licensed restaurant license, and the license was issued. Although a licensed restaurant license was issued, I have no information about what kind of activities were carried out at the mentioned place later." Bayraktaroğlu explained that they could not check whether the report prepared by the fire department was in accordance with the provisions of the legislation, and that the fire report was deemed sufficient.

Bayraktaroğlu, who stated that he had no knowledge of whether this workplace was inspected by the relevant directorate, said, "I retired 7-8 months after the license was issued. I have no chance to follow the issue. There has been no verbal or written request from any authority regarding the process of issuing the said license."

"THE BUSINESS IN QUESTION HAS OPERATED FOR YEARS UNDER THE ISSUED LICENSES"

Defendant Ahmet Mithat Şermet also stated in his testimony that he was not actively working in the license department and that the signatures in question were signed in his capacity as a deputy or acting deputy mayor. He explained that the license was brought to him for signature during his term, and he signed it after the officials said there were no deficiencies, stating, "I have no knowledge of the issuance of the license without an updated fire report for the workplace and the lack of inspection. The business in question has operated for years under the issued licenses, and there has been no disaster or incident while the business was open. As far as I have followed from the media, a very tragic disaster occurred in a fire resulting from unauthorized construction activities. I have not made any wrongful actions related to my duty within the framework of the issues mentioned above."

In the indictment, the then deputy mayors of Beşiktaş, Ali Rıza Yılmaz, Ahmet Koray Bayraktaroğlu, Yasemin Saral, Ahmet Mithat Şermet, fire sergeant Fazlı Yavuz, former fire inspector chief Numan Bulburu, former deputy fire chief Tuncay Akdağ, former deputy technical chief of the fire department Şükrü Öztürk, and public officials working in the municipality Feridun Tayfun Erelmas, Lalehan Taşdelen Başkaya, Nilüfer Oğuz, Rahşan Tekin Ölmez, and Uğur Türkyılmaz are requested to be sentenced to imprisonment for 2 years and 6 months to 17 years for "misuse of duty" and "causing the death of multiple people by negligence."

The Istanbul 33rd Heavy Criminal Court, to which the indictment was sent, decided to merge the case in which 9 defendants, including the owners of the workplace, are being tried for "causing the death and injury of multiple people by conscious negligence" with a request for imprisonment of 2 years and 8 months to 22 years and 6 months.