Click to read the article in Turkish / Kurdish
Prof. A.Ş.D. from İstanbul University Çapa Medical School has been sentenced to prison over his discriminating remarks about Alevis.
As alleged by İbrahim Kartal, who went to Prof. Dr. A.Ş.D. for treatment, the doctor first asked Kartal where he was from, then he said, "Alevis have belly dancers dance in djemevis. They drink wine, these are houses of revelry. What kind of religion is that? They are all terrorists. Alevis and Kurds are [members] of the DHKP-C and PKK.* All Alevis are terrorists."
The İstanbul 14th Penal Court of First Instance handed down its ruling in the ensuing trial today (February 8). The court has ruled that Prof. A.Ş.D. shall be penalized on charge of "provoking the public to hatred and hostility" as per the Article 216/2 of the Turkish Penal Code (TCK).
The court has sentenced the physician to 8 months in prison and not reduced the sentence as he has not displayed remorse.
The prison sentence of Prof. A.Ş.D. has been deferred on the grounds that he does not have a previous criminal record. In the event that he commits a deliberate offense in this period, the prison sentence will be executed.
The parties have the right to appeal the ruling.
* Article 216/2 of the Turkish Penal Code (TCK) says: "A person who publicly degrades a section of the public on grounds of social class, race, religion, sect, gender or regional differences shall be sentenced to a penalty of imprisonment for a term of six months to one year."
'They are all wine addicts, enemies of the homeland'
On July 8, 2015, İbrahim Kartal entered the room of A.Ş.D. at the Medical School of İstanbul University in Çapa for a medical examination.
In his petition of criminal complaint, he shared the following details:
"After examining me, doctor A.Ş.D. sat at his desk. He asked me where I was from. I told him that I was from Sivas. He asked me 'Are you an Alevi?' I said 'Yes'. When I said it, he started uttering remarks full of slanders and insults that could not be expected from a professor.
"He told me 'Alevis have belly dancers dance in djemevis. They drink wine, these are houses of revelry. What kind of religion is that? They are all terrorists. Alevis and Kurds are [members] of the DHKP-C and PKK. All Alevis are terrorists'.
"After that, he told me, 'Berkin Elvan is a terrorist, too. There is a file, open and read it. You will learn it from there.' He also talked about Gezi incidents and said the following: 'All participants were Alevis and Kurds. They are all wine addicts and enemies of the homeland. Alevis don't like Atatürk, either.' In response, I told him that I liked [Atatürk] a lot, what he was telling me was slanders and insults, these were nothing but prejudices prevailing in the society for years and he had no right to humiliate us.
"Then, I showed him the results of my tests. He did not give me any clear information, he did not prescribe me any medicine, etc. I asked him what I was supposed to do. In an inattentive and careless manner, he told me, 'You are OK. Come to me after reading the file of Berkin Elvan, we will talk then.' He did not take care of me.
'He openly discriminated, he threw slanders and insults. And, after that, I submitted the petition of complaint no. 68309 to the Dean's Office of the Faculty against the doctor.
In his criminal complaint to the prosecutor's office, Kartal indicated that doctor A.Ş.D. hurled grave insults at both him and the society: "He committed a hate crime by discrimination. He also openly and deliberately neglected his duty by not fulfilling his responsibility to me as a doctor."
University Presidency didn't permit investigation
When the file was delivered to the İstanbul University Presidency for a permission for investigation on charge of "misconduct in office", the Presidency did not give the permission.
While the 1st Chamber of the Court of Cassation approved the University Presidency's decision of not launching an investigation for "misconduct in office", it ruled that a lawsuit should be filed against doctor A.Ş.D. on charge of "publicly humiliating some part of the society based on differences of social class, race, religion, sect, gender or region."
The indictment filed against A.Ş.D. on November 20, 2019 was accepted by the İstanbul 14th Penal Court of First Instance. The court announced its ruling at the fourth hearing held today. (AS/SD)
* DHKP-C / PKK: Revolutionary People's Liberation Party-Front / Kurdistan Workers Party
