The Central Council members of the Turkish Medical Association (TMA) for the past term are now being charged under the Turkish Penal Code since their statement “War is a Public Health Problem” is considered as “propaganda for the terrorist organization” and “openly provoking people to hatred and enmity.” The first court session of the case was held at Ankara 32nd High Criminal Court on 27 December 2018. The next session will be held on 20 March 2019.
Gathering in front of Ankara Courthouse at 9:00 hours on 27 December, representatives of medical chambers, trade unions, professionals, heads of bar associations, members of the parliament and doctors demonstrated their support to the members of the TMA Central Council.
The court session started at 09:45 with record of the identities of defendants which was followed by testimonies of Central Council members. In their statements, Council members explained why the statement “War is a Public Health Problem” cannot be considered as an offense in the light of universal and scientific values and information, on the basis of the fundamentals of law by referring to evidence and some historical cases. Statements by defendants stressed that the indictment was unscrupulously prepared, full of contrasts and distortion of facts, and rejected charges in total.
Statements by lawyers
TMA lawyers Ziynet Özçelik and Mustafa Güler refused all charges and requested the acquittal of all physicians.
Lawyer Ziynet Özçelik said the security and police conducted investigation running counter to established legal procedures, tried to present an image of crime and perpetrator on the basis of some ideas and fictitious assumptions without any real basis and the indictment itself was based on these. Özçelik asked the court to reject the indictment and decide for acquittal.
Lawyer Mustafa Güler reminded that the prosecutor acted upon the instruction of the President while no investigation had been started following the declaration and the intention is to judge not an action but an opinion. Stating that what is considered as offence entirely remains within the boundaries of freedom of expression Güler stressed that the court must be guided by nothing else but law and justice and decide accordingly.
Support from Bar Associations
Lawyer Erinç Sağkan, President of Ankara Bar Association, Lawyer Mehmet Durakoğlu, President of İstanbul Bar Association, Lawyer Veli Küçük, President of Adana Bar Association, Lawyer Bilgin Yeşilboğaz, President of Mersin Bar Association, Lawyer Polat Balkan President of Hatay Bar Association and Lawyer Özkan Yücel, President of İzmir Bar Association and Lawyer Tevfik Karahan, Managing Board member of Diyarbakır Bar Association participated to the defence to give their support to the TMA.
Presidents of Bar Associations stressed that values upheld are nothing else but life, peace, justice, democracy, equality and freedom, and pointed out that it is not reconcilable with the state of law to criminalize the advocacy of such values with the charge of “legitimizing terrorist organizations.” Presidents added that this would mean no less than declaring openly that no citizen is under the guarantee of law which means a plain threat to different voices and opinions.
Bar Presidents went on to say that “protecting public health” is included in the mandate of the TMA that is defined by legislation and defending the right to healthy life is among the most fundamental values of the profession of medicine. Presidents concluded by requesting the acquittal of council members.
The testimonies are on attachments:
