24.02.2025 14:10
The third hearing of the "Newborn Gang" case is taking place. The lawyer of the detained defendant, Tuğçe Toptemel, made a defense using a quote from the TV series "Kurtlar Vadisi," stating, "There is a bomb with the pin pulled out, and everyone is telling us to swallow the bomb and explode." She added, "We are ready to die; we are thinking about who we will take with us."
The third hearing has started in the case where 46 defendants, 25 of whom are detained, are being tried for allegedly transferring emergency infant patients in Istanbul to private hospitals with which they had previously agreed, causing their deaths and gaining unjust profits.
THE CASE IS BEING HEARD IN A CONFERENCE HALL
Due to the insufficient capacity of the 22nd Heavy Criminal Court of Bakırköy, the hearing is being held in a conference hall. 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 detained, 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"
The lawyer of detained defendant Serdar Yüksel 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."
"EVERYONE TELLS US TO SWALLOW THE BOMB AND EXPLODE"
The lawyer of detained defendant Tuğçe Toptemel, one of the individuals who threatened prosecutor Yavuz Engin, stated, "There have been many references to Valley of the Wolves in this case, and I will also quote a line from that series: 'There is a bomb with the pin pulled, everyone tells us to swallow the bomb and explode.' We are ready 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. Since 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, so their release was very possible; this was not done. Then, 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. So far, she has carried it. Let's watch that video carefully; the person making the threat also mentions other individuals. The reason this person likely wanted to get my client released was that my client was already in a position to be legally released. However, they would have to take the blame for it, saying to other detained defendants, 'We got Tuğçe released; those who want to be released should come to us, not the lawyers.'"
After the defense of the lawyer of defendant Tuğçe Toptemel, a 2-hour break was given around 12:00 for the announcement of the interim decision.
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' stages, and receive maximum payments from the Social Security Institution (SGK).
It is stated in the indictment that the condition of infant patients was shown to be worse than it actually was, and they were kept hospitalized for longer than necessary, resulting in high fees being collected from SGK and excessive payments from some patients' relatives.
Instead of transferring infant patients to hospitals that would provide appropriate health services, they were admitted to hospitals chosen by the suspects, which were deemed 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 states that the main purpose was to obtain the maximum financial gain rather than improving the health status of the infants.
REQUESTS FOR PUNISHMENT
In the indictment, for defendants Fırat Sarı and İlker Gönen, a total of 177 years and 6 months to 582 years and 9 months in prison is requested for 10 counts of "manslaughter by negligence" due to the deaths of 10 infants, "qualified fraud," and "establishing an organization for the purpose of committing a crime," as well as 11 counts of "forgery in official documents."
Defendant Gıyasettin Mert Özdemir is requested to be sentenced to 180 years to 589 years and 9 months in prison for "manslaughter by negligence," "unlawfully obtaining 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 foreseen for 44 defendants, 8 of whom are women.
The indictment requests that security measures specific to legal entities be applied to the responsible hospitals and companies from which material benefits were obtained through the crime of "fraud," and that these entities be closed and their assets seized.
As part of the investigation, the licenses of 9 hospitals in Istanbul and 1 hospital in Çorlu, Tekirdağ were revoked, and the infants 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 detained were arrested.
In line with the court's decision in the first hearing, the following defendants who were being tried without detention were arrested: Mehmet Gürül, a doctor from TRG Hospitalist Hospital, Murat Mantuş, the Administrative Director of the same hospital, doctor Şeyhmus Çelik, and doctor Ali Dirik, the responsible manager of Esenler Güney Hospital.
Efforts to capture Ali Aksu, the owner of Birinci International Hospital, who is wanted for arrest, as well as nurse Serenay Şenkalaycı and nurse Ceren Hatice Kırım, are ongoing.