Directorate. Güray suffered a 3% disability in his leg, and the matter
was taken to court. In the lawsuit filed due to the negligence of the
1 million 50 thousand TL (about $23,700) in compensation.
The case concerning Yunus Güray, a tourist from Germany who fell
into a 2-meter-deep pit during excavations and restoration work in the
Tophane Tea Garden area, located within the Kaleiçi Urban and Third
Degree Archaeological Site, as part of the 'Antalya Republic Square
and Tophane Tea Garden Arrangement Revision Project,' has concluded.
The case file in the Antalya 4th Administrative Court states that Yunus
Güray, who arrived in Antalya from Germany on December 31, 2016,
fell into the 2-meter-deep pit around 00:30 on January 1, 2017, while
trying to watch the celebrations in Republic Square, and suffered serious
leg injuries.
The expert committee's investigation revealed that despite the decision
of the Regional Board for the Protection of Cultural Heritage, and the
supervision and control of the Antalya Museum Directorate regarding
archaeological excavation work, no necessary precautions were taken
to prevent citizens from falling into these excavation pits and sustaining
injuries outside of working hours.
In the compensation lawsuit filed on behalf of Yunus Güray, who
underwent six surgeries after being injured when he fell into an excavation
pit under the responsibility of the Museum Directorate, a total of 1,050,000
TL in material compensation was demanded, along with legal interest from
the date of the incident.
In its decision, the Antalya 4th Administrative Court stated that, according
to the expert examination, the archaeological excavations cited as the cause
of the damage claims were carried out under the supervision and control
of the Antalya Museum Directorate, and that there were relevant decisions
from the Regional Board for the Protection of Cultural Heritage. The ruling
stated that the safety measures taken were insufficient within the scope of
occupational safety regulations and that the Ministry of Culture and Tourism
was found to be 100% at fault for the damage incurred. It further stated,
"Therefore, it is clear that the defendant administration must compensate
the plaintiff for the material damages suffered due to the administration's
negligence. It has been concluded that the plaintiff should be paid a total of
1,050,745 TL in material compensation, consisting of 1,045,000 TL for
permanent disability compensation and 4,927 TL for treatment expenses,
as determined by the expert report and subsequently amended by the
plaintiff, along with legal interest accruing from the application date
of May 8, 2017."
The appeal filed with the Fourth Chamber of the Antalya Regional
Administrative Court against the compensation decision of the 4th
Administrative Court of Antalya, seeking a stay of execution, was also
rejected.
Yunus Güray, describing the day of the incident, said, "It was New Year's
Day, we landed at the airport. There were 3-5 people there that day. We
took a taxi together. We came to the city center, having fun. I checked
into the hotel and said, 'Let me see how they're celebrating New Year's
here.' It had only been 1-2 hours since we arrived. I went down towards
the marina. There's an elevator on the left, there used to be cafes, it was
a green area. They had lit a fire there. They were dancing, there was an
enclosed area. I said, 'Let me cross over and look at the fire.' There
were stairs 50 meters ahead. I didn't see the pits, I fell 2 meters down
while walking, landing on one foot. I broke my ankle, at the heel. The
area around it was not protected. A week later, I returned to Germany on
a private plane."
Güray, noting that they submitted photographs and videos of the scene
to the court, said, "They ruined my life, I have a metal plate in my leg,
they crippled me. They almost amputated my leg. Now I have a
permanent disability. I couldn't recover for a year, I was having surgery
every two weeks. I stayed in a hospital in Germany for 3 months and I
have a 3% disability in my leg."
One small step for Yunus bey & one never-ending court case.
Yunus Güray, who found the compensation amount insufficient (!), said:
"My plane ticket alone cost 22,000 euros. It's been 9 years, and it wasn't
just one hole. The men dug and dug and then left. This incident happened
right in the city center. If it were in a forest, I could say, 'Okay, it's my fault.
I went and fell.' But it was in the city center, it wasn't fenced off. It was
a lush green area, and it was nighttime. I sued them, and they filled those
holes after 3 months. There were 6-7 holes dug in different places. It
wasn't just one. I still have a metal plate in my leg. It wasn't a fair decision."
Yunus Güray's lawyer, Belemir Davaslı, stated that the opposing party's
appeal process is ongoing, adding, "However, compensation has been
ordered. The institution has 30 days to pay. We are waiting; if they don't pay,
an appeal can be filed. But the decision is not final yet. The opposing party
has appealed. The compensation, which is around 1 million 50 thousand TL,
will be paid with interest, and calculations will be made in this regard.
Assessments and damages are being made according to the health condition,
how much disability remains. The court is also evaluating these aspects."
