12.06.2026 18:21
The family of Hatice Kübra Bayhan, who became disabled after falling into a municipal ornamental pool at just 1.5 years old in Niğde, won 1 million 670 thousand TL in compensation in a lawsuit they filed. The Niğde Municipality, which paid the money, appealed the decision to a higher court. While the trial was ongoing, the little girl died, and the court reduced the amount of care allowance paid to the family. After the Council of State approved the decision, enforcement proceedings were initiated against the family, who now face paying the municipality 3 million 300 thousand TL including interest.
The family of Hatice Kübra Bayhan, who became disabled after falling into a municipal ornamental pond at the age of 1.5 in Niğde, won 1 million 670 thousand TL in compensation in a lawsuit they filed. After their daughter's death, upon the municipality's objection and the Council of State's approval of the decision, the family was indebted with 3.3 million TL including interest, and enforcement proceedings were initiated.
LEFT DISABLED AFTER THE POND TRAGEDY
Hatice Kübra Bayhan, at 1.5 years old in 2012, disappeared in a park she went to with her family. The family searching for their children found her motionless in an ornamental pond filled with water and without railings around it. Health teams dispatched to the scene upon notification intervened in Bayhan. It was determined that Bayhan had been without oxygen for a long time; she was taken to a hospital but remained physically disabled.
MUNICIPALITY PAID COMPENSATION
The Bayhan family filed a lawsuit against the municipality on the grounds that no safety measures were taken at the ornamental pond. In the trial that lasted 4 years, it was decided to pay 1 million 670 thousand TL in compensation to the Bayhan family as 60 years of care money. The compensation amount was paid to the family by the municipality. Hatice Kübra Bayhan passed away in 2019 due to multiple organ failure.
THEY WERE INDEBTED 3 MILLION LIRA DESPITE WINNING COMPENSATION
The municipality objected to this amount upon Bayhan's death. The 4th Administrative Chamber of the Konya Regional Administrative Court ruled that the family should pay the 800 thousand TL compensation difference to the municipality. The decision, which the family appealed, was upheld by the Council of State. With the recalculation made in 2026, family members, including a 16-year-old child, became indebted to the municipality for 3 million 300 thousand TL including interest. Enforcement proceedings were initiated against the family members. Stating that he struggles to make ends meet on minimum wage, father Ramazan Bayhan said he cannot pay this amount and spoke with municipal officials, but the officials stated that they cannot forgo the receivables by going against the court decision and demanded the payment of this money.
"EVEN MY 16-YEAR-OLD DAUGHTER'S FUTURE WAS SEIZED"
Ramazan Bayhan, expressing that they have suffered great pain for years, said, "During my daughter's treatment process, there was no hospital in Turkey we didn't go to. My daughter was recovering a bit, we would come home, we would connect her to machines again, no sound came from my daughter. She couldn't even tell if a part of her body hurt. We were helpless; we didn't know what to do. Our hearts were burning that way. The municipality didn't give us any support either. We had accepted this, but years later, we were devastated by a seizure notice. They sent seizure to me, my wife, and our 16-year-old child. I went to the municipality and had a meeting. I said I paid a very heavy price, lost a child, but they said, 'There's nothing we can do.' Even my 16-year-old daughter's future was seized," he said. Mother Dilek Bayhan also explained that they cannot pay this money.
"CAN FOREGO PUBLIC RECEIVABLE BY A COUNCIL DECISION"
The family's lawyer, Önder Gündoğdu, pointed out that the municipality can, if it wishes, forgo the public receivable through a council decision.
In a written statement made by Niğde Municipality on the matter, it was conveyed that the lawsuit process was initiated by the family with a claim for material and moral compensation, the process progressed in line with the decisions of independent courts, and the municipality had no personal or administrative discretion in this regard. The statement explained that the court initially ruled for care and support compensation based on the assumption that Kübra Bayhan would live for many years, but since Kübra Bayhan died before the case was finalized, the higher court reduced the compensation amount. It was emphasized that the collection of the resulting difference is not the municipality's preference but a legal obligation arising from the implementation of finalized court decisions, stating that no public institution has the authority not to implement a finalized court decision, and it was stated that instead of making things difficult for the family, the most suitable payment and installment options were offered within the framework of the authority granted by law.