Newborn Gang Indictment Accepted in Istanbul
An indictment has been accepted by the court regarding a gang that directed newborn babies to contracted hospitals in Istanbul, profiting unfairly and causing deaths due to negligence.
The Incident Unfolded
On March 27, 2023, the Istanbul Provincial Health Directorate received a tip-off regarding the incident through the Presidential Communications Center (CİMER). The tip-off was then forwarded to the Ministry of Health Inspection Board and the Istanbul Provincial Health Directorate on March 28, 2023.
After waiting for a few days for the Inspection Board to take action, the Provincial Health Directorate initiated inspections and issued directives on May 2-5, 2023.
To substantiate the suspicions observed during the inspections, a request was made to the police on May 5, 2023. Following its referral to the Financial Crimes Unit on May 21, 2023, an investigation was launched by the Büyükçekmece Public Prosecutor’s Office.
In the course of the investigation, permission was obtained from the Public Prosecutor’s Office on June 20, 2023, for technical and physical surveillance as well as phone tapping of the hospitals in question. A confidentiality order was also issued as part of the investigation.
The Anti-Corruption Bureau of the Police requested a notification to be made to the prosecutor’s office on September 4, 2023. Approximately 300 individuals for whom surveillance permission was granted began to be monitored.
On September 25, 2023, an extraordinary large-scale inspection was conducted at the hospitals in question by the Provincial Health Directorate. Many pieces of evidence in the case were obtained as a result of these inspections.
On September 28, 2023, the Istanbul Provincial Health Directorate requested the establishment of a “Newborn Intensive Care Inspection Evaluation Committee” for the examination, evaluation, decision-making, and preparation of individual or joint reports based on the information and documents obtained during the routine/extraordinary “newborn” intensive care inspections conducted at all public, private, and foundation university health facilities in the province.
The Büyükçekmece Public Prosecutor’s Office informed the Ministry of Health on October 24, 2023, about the investigation.
Upon suspecting the misuse of the Social Security Institution (SGK), the Ministry of Health requested an inspection of the hospitals in question on November 24, 2023. Subsequently, inspectors were assigned on December 5, 2023.
The Ministry’s inspectors examined the files and inspection reports on February 16, 2024, and submitted their findings in a report to the Prosecutor’s Office.
As part of the investigation, the identities and addresses of the suspects were determined, and statements were taken from victims and witnesses. Requested documents and information from relevant institutions were gathered, and concrete evidence was collected.
On April 26, 2024, simultaneous operations were carried out by police teams in Istanbul and Tekirdağ to apprehend the identified suspects. As a result, 47 suspects were taken into custody on April 27, 2024, with 22 of them being subsequently arrested. Witness and victim statements were also recorded.
The confidentiality order of the investigation was lifted on May 9, 2024. A total of 3,472 pages of police reports, prosecutor statements, and Financial Crimes Investigation Board (MASAK) reports were handed over to the Ministry’s inspectors for review. Subsequently, the Ministry initiated an administrative investigation.
In May, the activities of Medilife Health Services Hospital, one of the private hospitals involved, were suspended.
On June 28, 2024, a renewed raid was conducted on the “Newborn Gang” after all evidence had been collected. The Prosecutor’s Office sent a letter to the Ministry’s inspection team on June 28, requesting an examination of whether there was a causal link between the suspects’ actions and the deaths of the babies.
In a specialist opinion report prepared by the Ministry of Health Inspection in August, it was noted that 90% of newborn babies left to the care of nurses had their right to life taken away.
On August 30, the lawyer of the detained suspects contacted the Chief Public Prosecutor of Büyükçekmece regarding threats made against the Prosecutor Y.E, stating that an assassination was being planned and harm would be caused to the prosecutor’s parents. Following this, an investigation was launched after the Prosecutor Y.E reported the incident to the Büyükçekmece Public Prosecutor’s Office. Subsequently, with the request of the lawyer and Mustafa Kemal Zengin to meet with the prosecutor, permission was obtained from the court to install a recording device in the prosecutor’s office, recording the conversation between them.
In September, the activities of Bağcılar Private Şafak Hospital were suspended.
Digital materials analyzed by the Gendarmerie Criminal Bureau on September 3, 2024, were handed over to the Ministry of Health inspectors by the Public Prosecutor’s Office.
To determine whether there was a causal link between the suspects’ actions and the deaths of the babies, the Ministry formed a scientific panel consisting of 1 professor and 2 associate professors. The medical opinion indicating the suspects’ responsibility for the baby deaths was sent to the Büyükçekmece Public Prosecutor’s Office on September 16, 2024, including the baby deaths in the scope of the investigation.
On September 28, 2024, a report was prepared detailing the irregularities identified in the investigation, recommending the closure of hospitals. As a result, the Ministry of Health instructed the Inspection Board to close the hospitals due to their connection to the baby deaths.
Having completed the investigation, Prosecutor Y.E prepared the indictment on October 9.
The indictment detailed the failure to provide necessary treatment and care for the babies, leading to passive euthanasia (Note: Turkey does not practice active or passive euthanasia. Every newborn with a detectable heartbeat has the right to receive appropriate resuscitation and treatment.). It was stated that 90% of newborn babies had their right to life taken away.
In the investigation into the threat against Prosecutor Y.E, operations were conducted on October 11 to apprehend the identified suspects. The suspects were taken into custody after the completion of procedures at the police station on October 14. While 4 of the suspects were released, 8, including 2 lawyers, were referred to the Büyükçekmece Courthouse. The Duty Peace Criminal Court decided to arrest 5 suspects and impose judicial control measures on 3 others.
The indictment sent to the Bakırköy Public Prosecutor’s Office on October 16 outlined the involvement of 10 deceased babies as victims, 5 individuals as plaintiffs, the Social Security Institution (SGK) Istanbul Provincial Directorate as the injured party, 19 hospitals and health companies as financially responsible, and 47 individuals as suspects.
The indictment stated that Doctor suspect Fırat Sarı was the ringleader of the criminal organization, with Doctor suspect İlker Gönen and 112 Emergency Call Center ambulance driver Gıyasettin Mert Özdemir overseeing the organization. It highlighted that the main goal of the criminal organization was to take over the operation of newborn intensive care units at hospitals they acquired, eliminate the 112 referral system, manipulate patient escalations, and receive payments from the SGK at the upper limit.
The indictment mentioned that suspect Sarı’s criminal organization had taken over the newborn intensive care units of Akabe Health Facilities Inc.’s Private Avcılar Hospital, Private Istanbul Şafak Health Services Inc.’s Private Avrupa Şafak Hospital, and Private Istanbul Şafak Hospital, Medilife Health Services and Yonca Health Services’ Private Bağcılar Medilife Hospital and Private Beylikdüzü Medilife Hospital, Refik Arslan Inc.’s Private Bağcılar Şafak Hospital, Beymed Inc.’s Private Birinci Hospital, Doğamed Inc.’s Private Doğa Hospital, Reyap Inc.’s Private Reyap Istanbul Hospital and Çorlu Reyap Hospital, Ekip Health Inc.’s Private TRG Hospitalist Hospital, Esenler Güney Hospital, and Silivri Kolan Hospital, by leasing and operating the newborn intensive care units, where nurses provided healthcare services instead of doctors.
In the indictment, suspects Fırat Sarı and İlker Gönen were charged with “culpable homicide through negligent behavior” 10 times, “aggravated fraud,” “establishing an organization with the aim of committing a crime,” and 11 counts of “forgery in official documents,” with a request for a prison sentence ranging from 177 years and 6 months to 582 years and 9 months.
Suspect Özdemir was charged with “culpable homicide through negligent behavior,” “unlawful acquisition of personal data,” “fraud causing damage to public institutions and organizations,” “establishing an organization with the aim of committing a crime,” and “forgery in official documents,” with a requested prison sentence of 180 years to 589 years and 9 months.
18 other suspects, including doctors, nurses, and healthcare workers, were also charged with “culpable homicide through negligent behavior” in relation to the baby deaths, with a requested prison sentence ranging from 10 to 437 years and 6 months.
Following the preparation of the indictment by the Prosecutor’s Office, the Ministry of Health revoked the hospitals’ licenses on October 18 and closed them down.
