Building Safety and Legal Compliance
- One month after the Kahramanmaraş earthquake, I contacted Istanbul Kadikoy Municipality by writing "illegal activities and uninvestigated claims of broken columns and illegal constructions in the apartment building." The building is 48 years old, located in Moda, one of Istanbul's most dangerous areas according to IBB reports, and made with sea sand in the concrete, meaning the building already carries risks.
The inspection revealed that the building management had run a pipe through one column on the ground floor and hidden the fact that another column had a beam protruding from it, and the municipality report documented that a university report was required for occupancy.
- Additionally, it was revealed that 6 out of 11 apartments in the building were enlarged with illegal constructions.
- However, the Kadikoy Municipality covered up the building report prepared by its honest engineers.
This was achieved through a total of 22 acts of misuse of public office over a 10-month period. The cover-ups were exposed through my persistent writings on this page and my efforts.
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First, they covered up the report by hiding it and writing that there was no broken column and not documenting the illegal constructions (18 acts of misuse of public office). Thanks to what I wrote here, they sent the report, demolished 5 out of 6 illegal constructions, but despite the building management not submitting the university report to the municipality within one month, they did not take action, covering up for the second time (1 act). Five months later, I filed a criminal complaint, the municipality made a second notification to the building without mentioning the first one, and the building management also announced that they had made a repair without informing the apartment owners, writing that they had received the notification for the first time. Despite the apartment owners not submitting the university report to the municipality, the municipality again did not take action (3 acts). Cover-up upon cover-up upon cover-up. Moreover, despite knowing what I wrote here and on Twitter. The municipality has not been doing the legal action it should have done within one month for 18 months, the risk to safety continues because the occupancy decision is tied to the university report. The objections with evidence of the cover-ups are in the written documents in the objection petition section.
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Also, an illegal construction in the building has been standing for 1.5 years.
- In addition to zoning law violations in the building, many floor ownership law violations were revealed through my efforts. Without an inspector, without a ledger, without invoices, and without a tax ID, with the support of those who enlarged their apartments illegally, Mikael Yardım
has been the manager for 10 years (2011-2021). I applied to the banks upon my request to make payments through bank channels, but could not open a bank account due to the lack of a tax ID. Therefore, after the paper-based change of management, he was elected to the building management board. When the management changed in February 2021, Mikael Yardım placed an old TSK vehicle entry card on the windshield of his jeep parked in our parking lot. Many zoning law violations continued in the parking lot, garden, and roof.
- Over a 4-year period, I was subjected to actions including harassment, disturbance of peace and tranquility, slander, lies, and targeting from the apartment owners and managers because I wanted them to comply with the law.
- Apartment sales and rental transactions are being carried out in the building, which should not be habitable due to not obtaining the university report. Since I did not want to leave the management in January 2021, Arman Esayan informed me of Mikael Yardım's statement "I will demolish the light, I will demolish the building," and since then, sales/rental transactions have continued, and apartment buyers have made extensive renovations. Lilya Irem Salman bought one of the illegally enlarged apartments from Volkan Yenilmez, who appears as the apartment owner on the building dues list after the death of the former manager, retired TSK employee Süleyman Esringü. Mikael Yardım frequently visited this apartment during and after the renovation. Another apartment, despite the illegal construction being detected, was put up for sale during the ongoing cover-up of the building report. After my warning that "if the apartment is sold like this, the municipality is responsible," the Kadıköy Municipality demolished the illegal construction and sent the covered-up building report to the building management, but did not take action on the building without the university report. The apartment was sold to İrem Düzovalılar before the municipality's second notification of the report and its announcement to the building.
- The people in the building are from professions such as high engineer, lawyer, notary, and retired state employee. 8 out of 11 apartments continue this management, which violates the law according to the municipality report, the other 2 sometimes comply, and remain silent the rest of the time. I am defending safety and the law alone.
- After 4 years of the apartment owners and months of the municipality not complying with the law despite all my warnings, I filed a criminal complaint against the Kadıköy Municipality, the apartment management, and the apartment owners on December 1, 2023. It means earthquake safety, safety of life, and public safety.
- The Special Bureau of the Istanbul Anatolian Republic Chief Prosecutor's Office initiated an investigation upon my petition that day and despite writing the case number in my statement, the prosecutor Hüseyin Önelge wrote "completely abstract and baseless" in the same petition and decided not to follow up, despite the dozens of pages of documents based on official reports and municipality correspondence. Also, despite writing and documenting that the municipality did not respond to my requests for administrative investigation, he wrote that most of my claims require administrative investigation.
The prosecutor committed a legal massacre.
- Despite having the chief prosecutor's office case number in my statement, because the chief prosecutor's office initiated an investigation upon my petition, prosecutor Sibel Güngör filed a conservatorship petition with the claim that my mental faculties were not in place. The conservatorship petition against me was filed the next business day after my prosecutor's complaint.
- The lawyer Kemal Kaya, who has known me and my sister Zeynep Kurtkaya Kayalıoğlu for 50 years, told me over the phone on June 8, 2024, that the case was filed by my sister and a few people in the apartment. My petition includes complaints about Lilya İrem Salman's father Yavuz Salman and Cüneyt Göksu's sister-in-law Ayşe. These are already people whose illegal constructions in their apartments were demolished with my complaint and who paid fines.
In my petition, I have a complaint about Lilya Irem Salman's father, Yavuz Salman, and Cuneyt Göksu's sister-in-law, Ayşe, for disturbing my peace and tranquility. These individuals have already had illegal constructions in their apartments demolished and paid fines due to my complaint. Additionally, I had filed a criminal complaint the previous business day because they covered up the municipal report regarding the people in the building. Therefore, they can never be involved in the conservatorship case or testify. There is also a conflict of interest because they have apartments in the building
My sister's hostility, conflict of interest, lies, and slanders against me because I applied to the municipality are also proven with WhatsApp screenshots
Example
The apartment owners and my sister cannot legally file such a case. I asked on Twitter who filed the petition to Zeynep Kurtkaya Kayalıoğlu and Cüneyt Göksu, they did not respond. It should come out from the court and/or mobile phone location records, it should be December 4, 2023.
- When the court said I would not go of my own accord, at the psychiatric examination at the hospital with police escort (a polite, respectful police waited in the garden), it was determined that there was no urgent admission, but a special, printed, long procedure list was given to me for the mental faculties report at the Erenköy Hospital. To the doctor who conducted the examination and to the judge at the hearing, I showed the completely unlawful prosecutor's non-follow-up document, which wrote that most of my claims require administrative investigation, and also said that the conservatorship case was opened because of my criminal complaint. This case is a violation of human rights and is for cover-up purposes.
- On September 30, 2024, the Chief Prosecutor's Office notified me that it had initiated an investigation into my complaint, conducted a preliminary examination, and then requested permission for investigation from the Minister of the Interior for the former Kadıköy Municipality Mayor Şerdil Dara Odabaşı and his staff, but the minister did not give permission. The ministry made the notification to the proxy and informed the prosecutor's office that there was no objection. However, I personally filed the petition. The reason why the Ministry of the Interior did not make the notification to me, who the proxy mentioned is, and why the minister did not give permission for the investigation should be explained.
- The mayor of the municipality is from the main opposition, the Minister of the Interior is from the ruling party elected political figures. Why do politics and justice, on the subject of science and engineering, especially on a subject directly related to safety of life, prevent the implementation of the official report, which is the decision of expert engineers?
- When I went to the police station for the case months ago, I also told the police there, "what if there is an Istanbul earthquake tonight," one of the police replied, "they don't think about that."
- The Republic of Turkey violates my safety of life, accommodation, and property rights arising from international agreements and the constitution.
- The Kadıköy Municipality is waiting for a big earthquake that will cause a tsunami, putting up signs for it, but is covering up the earthquake safety report prepared by its honest engineers for the building less than 1 km away from these signs. Turkish classic.
