The trial of 47 defendants, including the manager and members of the Newborn Gang, who caused babies to die by transferring them to hospitals with which they had agreements and profited unfairly, continued on its 12th day. The hearing, held in the conference hall of the courthouse by the Bakırköy 22nd Heavy Penal Court, was attended by 22 detained defendants, including Fırat Sarı, who is alleged to be the leader of the Newborn Gang, as well as some defendants who are not in custody and a number of complainants and their lawyers. INTENSE SECURITY MEASURES WERE TAKENIntense security measures were taken by police teams in the hall where the hearing, followed by many members of the press, was held and in front of it. STATEMENTS OF COMPLAINANTS WERE TAKENThe complainant Mustafa Mevlüt Tokluoğlu stated that his wife gave birth at Avcılar Hospital upon recommendation. He explained that they were expecting two babies, but one of the babies died in the hospital, and he reported that he was a complainant. The complainant's mother, Esra Tokluoğlu, explained that the doctor told her that her baby would go to intensive care after birth and that she learned from her husband that her baby had died. The complainant Mehmet Hanifi Kaya stated that his wife had a blood pressure problem and that they were transferred to Esenler Güney Hospital because there was no room in the hospital they went to, and the birth took place there. Kaya stated that he was asked to make a payment at the hospital after the birth and said: "When I said I wanted to pay by card, they did not accept it. I paid 4 thousand lira in cash and 4 thousand lira by card. The doctor said the baby was fine. During the day, the defendant Damla Atak informed me, and in the evening, the defendant Batuhan Çetin also informed me. They said, 'The baby's condition is normal.' Whatever happened, they suddenly called me at night and said, 'He passed away.' When I went upstairs, they did not show me the baby until 4 o'clock. After they gave me the death certificate in the morning, I went down to the morgue. In the morgue, they gave me my child in a biscuit box. I was waiting for a funeral car. I left the hospital. Five minutes later, a nurse called me. The nurse told me there was a deficiency in the documents and that I needed to return. I don't know if it was the same document I gave them and received. I did not leave the hospital for three days and three nights. I did not see a single pediatrician. I only went to the room of the defendant Ali Girik. I was not allowed into the room. A gynecologist called me a month ago. She asked me for the content of my statement. I did not provide any information." "HE SAID HE WAS A DOCTOR"The complainant Erhan Karaduman stated that they were told during the pregnancy process that there were no problems with his wife and baby, but after the birth, they were first told, "the baby's heart is holey, there is heart failure," and later that the baby, who was said to have a metabolic disorder, had died. The complainant father Benedict Nnayereugo Opara, in his statement taken with the help of an interpreter, said he took his child to the hospital due to a cold. Opara said, "The doctor looked at my child. He said, 'He has caught a cold, the child needs oxygen.' Oxygen was given while the child was in his mother's arms. The doctor said, 'He needs to stay here for a night, we will intubate the child.' But they did not intubate. When they took the child to intensive care, they said, 'He is very sick right now, we have no room.' They asked me for 500 dollars." Opara explained that after his child stayed for three days at Beylikdüzü Medilife Hospital, he was transferred to the intensive care unit of Beylikdüzü Birinci Hospital, stating that he paid 35 thousand lira at Medilife and was asked for 14 thousand lira at Birinci Hospital, but he received the excess money back because he stayed for only 2 days. Opara stated that his baby was intubated at Birinci Hospital, saying, "They told me, 'Go to the pharmacy, buy some supplies, deliver them to the nurse. Come the next day, see your child.' In the evening, they called me and said my child's condition was not good. I went to the hospital, and they told me, 'Your child died in the morning.' When I saw my child, he was breathing a little. There was a sign on the device. I showed it to the doctor." While the complainant Opara was explaining that he spoke with the doctor, the presiding judge called the detained nurse Hakan Doğukan Taşçı to the front. The presiding judge asked the complainant, "Was this the doctor?" The complainant Opara replied, "Yes, this was the doctor. When my baby got worse, they called me to the hospital. When I went, I spoke with this person. He told me he was a doctor and that he would do tests on the child." THE PROSECUTION REQUESTED THE ARREST OF 10 DEFENDANTS WHO ARE NOT IN CUSTODYAfter listening to all the defendants and complainants, the prosecution announced its interim opinion. The prosecutor requested that the detention status of all detained defendants be continued and requested the arrest of the non-detained defendants: - Ali Aksu, the owner of the First International Hospital,
- Doctor Ali Dirik, the responsible manager of Esenler Güney Hospital,
- Doctor Şeyhmus Çelik,
- Doctor Mehmet Gürül at TRG Hospitalist Hospital,
- Murat Mantuş, General Manager of TRG Hospitalist Hospital,
- Mustafa Kazan, Deputy Director of Bağcılar Şafak Hospital,
- Nurse Ceren Hatice Kırım,
- Nurse Renginar Molla,
- Nurse Serenay Şenkalaycı,
- Medical secretary Sümeyye Özdemir.
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HE HAD BLAMED THE PRESS AND THE JUDICIARYDr. Ali Aksu, the owner of the First Hospital among the suspects whose arrests are requested, had blamed the press and the judiciary in his defense. Aksu, who stated that he has been a physician for 32 years, explained that he has treated thousands of patients and performed surgeries, saying, "I am very sorry to be here because of such an accusation." In his defense during the hearing held on Friday, November 29, Aksu claimed that an assassination of his character had been carried out, stating, "This case is the first in Turkey's history where doctors, nurses, and healthcare workers are held responsible for the deaths of newborn babies through collaboration, and where extrajudicial executions are carried out by the press." 'REQUEST FOR REPORT ON DECEASED BABIES'The prosecutor also requested that after all statements are completed and evidence is collected, the case file be sent to the Forensic Medicine Institution to obtain a report regarding the deceased babies. The public prosecutor requested the issuance of an arrest warrant for Ali Aksu, the owner of the First International Hospital, Dr. Ali Dirik, the responsible manager of Esenler South Hospital, Dr. Şeyhmus Çelik, Dr. Mehmet Gürül from TRG Hospitalist Hospital, Murat Mantuş, the General Manager of TRG Hospitalist Hospital, Mustafa Kazan, the Deputy Operations Manager of Bağcılar Şafak Hospital, nurses Ceren Hatice Kırım, Renginar Molla, Serenay Şenkalaycı, and medical secretary Sümeyye Özdemir. The hearing continues with the statements of the lawyers. FROM THE INDICTMENTIn the 1399-page indictment prepared by the Bakırköy Chief Public Prosecutor's Office, it is stated that the criminal organization led by suspect doctor Fırat Sarı was managed by suspect 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 dispatch system of the neonatal intensive care units they took over and to ensure their occupancy, manipulating the patients' stages to receive maximum payments from the Social Security Institution (SGK). The indictment states that the condition of the infant patients was presented as more severe than it actually was, and their hospital stays were prolonged unnecessarily, resulting in high fees being charged from SGK and excess payments being collected from some patients' relatives. Instead of transferring the infant patients to hospitals that would provide appropriate healthcare services, they were admitted to hospitals chosen by the suspects that appeared profitable for the organization, with most of the profits shared among the organization members who are healthcare workers. The indictment emphasizes that the main goal was not to improve the health status of the babies but to maximize financial gain. PENAL REQUESTSIn the indictment, a total of 177 years and 6 months to 582 years and 9 months of imprisonment is requested for suspects Fırat Sarı and İlker Gönen for the "negligent homicide" of 10 babies, "qualified fraud," and "establishing an organization for the purpose of committing a crime," with 10 counts for each. Additionally, 11 counts of "forgery in official documents" are also requested. For suspect Gıyasettin Mert Özdemir, it is requested that he be sentenced to imprisonment ranging from 180 years to 589 years and 9 months for "negligent homicide," "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." Similar prison sentences are also anticipated for 44 suspects, 8 of whom are women. The indictment requests that security measures specific to legal entities be applied to the hospitals and companies responsible for obtaining financial benefits 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 have been revoked, and the infants and patients receiving treatment in these hospitals were transferred to public hospitals by ambulances. Additionally, those who threatened the prosecutor Y. E., who is conducting the investigation into the newborn gang, with death in his office, have also been arrested. .
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