Esendağlı’s statement reads as follows:
“The Expert Report contains an in-depth examination and assessment by a committee appointed by the Adıyaman 3rd High Criminal Court in its interim decision of 12 June 2024. The committee reviewed all technical reports, opinions, factual evidence, and legal arguments provided by the parties’ lawyers. According to the report, the reasons for the collapse are summarised as follows:
- Concrete and Material Deficiencies: The hotel’s structural elements—such as load-bearing columns, beams, and basement walls—used low-quality, non-durable materials. Additionally, oversized aggregates were found in the concrete, far exceeding standard allowances.
- Unauthorised Structural Alterations: Unlicensed floors were added in 2001 and 2016 without the necessary static calculations, which significantly increased the building’s load.
- Insufficient Reinforcements: In numerous areas, stirrup reinforcements were either insufficient or improperly spaced, which severely compromised the building’s stability.
- Misrepresentation of ‘Hammering Effect’: Contrary to the defence’s claims, the building collapsed forwards toward Atatürk Boulevard rather than sideways, ruling out the ‘hammering effect’ as a cause. The responsibility to leave a gap between structures fell on the hotel owners and the building’s technical officers.
- Failure to Account for Earthquake Forces: Despite the defendants claiming the earthquake was too severe, the report concluded that the building would have remained intact if it had met seismic safety standards.
- Unauthorised Elevator Installation: An additional elevator shaft was opened without any static analysis, which the report identifies as a major structural flaw.
- Ignored Torsional and Soft Storey Effects: The mezzanine floor created additional torsional irregularities and soft storey effects, which were not accounted for in the structural calculations.
- Absence of a Ground Survey: A mandatory ground survey, essential for safety, was omitted, further compromising the building’s structural integrity.
- Licensing and Occupancy Certificate Findings: The report reveals that the original 1993 building license, the 2001 renovation permit, and the 2003 occupancy certificate were all granted despite structural violations and irregularities, potentially involving forgery or fraud.
The Expert Report attributes liability to the following individuals:
- Ahmet Bozkurt (Building Owner and Contractor): Directly responsible for the building’s illegal alterations and construction violations.
- Efe Bozkurt, Mehmet Fatih Bozkurt, and Other Family Members (Company Partners): Liable for the unlawful addition of floors and an elevator shaft, as well as neglecting required static assessments.
- H. Erdem Yıldız (Architect): Assumed engineering roles beyond his expertise, endangering the building’s safety.
- Mehmet Göncüoğlu (Civil Engineer): Responsible for the deficient structural modifications and inadequate support systems.
- Hasan Aslan (Civil Engineer): Compromised the building’s safety by ignoring construction standards.
- Halil Bağcı (Structural Project Manager): Failed to complete essential structural calculations, jeopardising the building’s stability.
These findings form the basis for evaluating the defendants’ culpability. The importance of building permits and occupancy certificates is starkly evident in relation to the defendants’ errors and the building’s collapse. Officials within the municipality licensed a structure that, under normal circumstances, would not have been fit for use as a hotel, constituting clear fraud and forgery.
Our legal team has concluded that the defendants may have committed ‘causing death by possible intent,’ as they proceeded with actions while aware of the potential for significant harm.