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A doctor at İstanbul University Faculty of Medicine (Çapa) was given a deferred prison sentence of eight months after calling Alevis "terrorists" while examining a patient of Alevi sect.
Announcing its justified decision yesterday (February 16), the İstanbul 14th Penal Court of First Instance said it found Prof. A.Ş.D. guilty of "openly degrading a section of the public based on social class, race, religion, sect, gender or regional differences."
The doctor allegedly asked patient İbrahim Kartal where he was from and then said, "Alevis have belly dancers dance in cemevis [places of worship]. They drink wine. These [cemevis] 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 justified decision also included a witness statement that confirmed the plaintiff's allegation.
The doctor and Kartal began talking while diagnoses about him were being entered into the computer, according to witness Nazlı Aksoy.
The doctor asked the patient where he was from and when he said he was from Sivas, the doctor asked whether he was an Alevi, said the witness.
When the patient said 'yes,' the doctor "found it odd as if he despised it," according to the witness.
With his act, the doctor violated article 216/2 of the Turkish Penal Code, the court ruled.
Turkish Penal Code Article 216/2 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.
What happened?
İbrahim Kartal went to İstanbul University Faculty of Medicine in Çapa quarter on July 8, 2015. He entered the room of A.Ş.D. 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 permission for investigation on the 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 the 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)
