Anemic citizen sues governor’s office, municipality over air pollution

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Abdulbari Koç, suffering from crescent-cell anemia, has finally taken legal action as his struggle for 15 years against air pollution, which has a negative effect on his illness, has remained inconclusive.

Koç submitted petitions over petitions to the local administrators in Turkey's southeastern province of Batman and urged them to find a solution for the air pollution in the province. Let alone a solution being found, a few years ago, his house was reportedly raided by the police after he had submitted another petition to the Provincial Directorate of Environment and Urbanization and he was interrogated for "degrading the State of Turkey".

The reason for the accusaion was that he had written in his petition: "You get your wages from the ATMs every month, but you do not clean the air". While the charges have been dropped over time, the problem of Abdulbari Koç, the air pollution in Batman, still prevails.

As reported by Yeni Adana local newspaper, unable to solve the issue with local administrations, Koç came in contact with the TEMA environmental protection association. Lawyers Tarık Güleryüz, Zahide Altunbaş Sancak and İ. Selin Nacar, whom he met thanks to the association, undertook his case pro bono, which means that they did not request any payment.

They have then ensured that a lawsuit for damages of 1 Turkish Lira (TRY) is launched against the Batman Governor's Office and Municipality.

Sources of pollution inside living spaces

Lawyer Tarık Güleryüz has explained that the major causes of the air pollution in the province are the industrial facilities such as the Petroleum Pipeline Company (BOTAŞ) and Turkish Petroleum Refineries Corporation (TÜPRAŞ). The lawyer has accused the local administrators of failing to fulfill their obligations to keep the air clean "as it is their responsibility".

He has noted that "according to the air quality measurements conducted in Batman, his client should not leave home for 155 days a year". He has raised concerns that "the major reason behind his illness and the frequent painful attacks of the disease is this pollution".

Referring to precedent court cases across the world, especially to the one in England, where a family sued the London Municipality over the death of their 9-year-old asthmatic daughter, Güleryüz has said, "Our client is 44 years old and alive. It is a first in that regard".

According to the lawyer, "there are similar court cases in France; however, while the court in France has acknowledged the air pollution as well as the responsibility of the administration, it has still concluded that there is no connection between the illness and air pollution".

"For this reason, the verdict to be handed down by the court in the event that it results positively will set a very important precedent to the world in terms of climate struggle," lawyer Güleryüz has noted.

Air pollution in Batman

Air pollution in Batman is a long-lasting and chronic problem. In the official statements of the Ministry of Environment, Urbanization and Climate Change, the main causes of the air pollution are cited as the fact that energy and oil industry facilities (such as TÜPRAŞ and BOTAŞ) remain within the city, stubble fires and the use of low quality coal distributed to citizens.

A report on air quality prepared by Assoc. Prof. Hakkı Baltacı from the Gebze Technical University has also shown that the PM10 value exceeded the threshold values in half of the year between 2006 and 2020 and the sulfur oxide values were really high in winter months.

The province has long been breathing this polluted air, which is caused by human activities and can be prevented. However, the authorities have not been conducting any inspections or taking the necessary measures. (AEK/SD)