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The lawsuit brought against the Turkish Medical Association is adjourned for the fourth time

The lawsuit brought against the Turkish Medical Association is adjourned for the fourth time
SİBEL YÜKLER*
The lawsuit brought against the members of the Central Council of the Turkish Medical Association (TTB) has been adjourned until 22 June, as the examination of the objection for the dismissal of the judge is still ongoing. The fourth hearing of the lawsuit filed for the dismissal of TTB Central Council President Şebnem Korur Fincancı and Central Council members was held today at Ankara 31st Civil Court of First Instance. The hearing, which was attended by Fincancı and the members of the Central Council, was also observed by Metin Bakkalcı, the President of the Turkish Human Rights Foundation (TİHV), representatives of the Ankara Branch of the Human Rights Association (İHD), lawyers, and physicians. The court adjourned the trial until June 22nd, due to the ongoing examination of the objection for the dismissal of the judge at the Ankara Regional Court of Justice.

About the indictment

In the indictment, it was reminded that an investigation was initiated against Fincancı on October 20, 2022, after her speech on Medya Haber. It was stated that the Turkish Medical Association (TTB) has legislation in the form of Law No. 6021, and according to Article 3 of the relevant law, the general purpose of TTB and its provincial medical chambers is clearly defined as "not engaging in activities outside of their founding purpose." It was also noted that TTB was established in accordance with Article 1 of the same law with the aim of "protecting the professional deontology and solidarity among physicians and protecting the rights and interests of the members of the profession", and that there is a separate provision under Article 2, paragraph 2 of the same law stating that "the termination of duties of the responsible organs of TTB's central and provincial medical chambers, which engage in activities outside of their purposes, and the election of new ones in their place, shall be decided by the Civil Court of First Instance at the place where they are located upon the request of the Public Prosecutor of that place." The indictment emphasized that Fincancı held the position of president of her professional organization and stated that "considering the additional measures under Article 2, paragraph 6 of the same law, which allows for measures to be taken in cases where national security, public order, prevention of crime or continuation of the crime requires, it is understood that disciplinary measures should be applied to Fincancı within the scope of Article 7 of the Turkish Medical Association Code of Ethics and Article 5/3 of the Turkish Medical Association Discipline Regulation. However, it was also stated that the disciplinary process should proceed independently from the judicial and administrative processes, and that an administrative measure should also be taken against Fincancı, as it was determined that an administrative process was initiated against her by the Ankara Chief Public Prosecutor's Office and that her actions were used for illegal activities beyond the scope of the activities and powers conferred by her position as the president of the Turkish Medical Association." The prosecutor who prepared the indictment on October 26, 2022, requesting the termination of Şebnem Korur Fincancı's and the Central Council members' duties as the President of the Turkish Medical Association, also prepared another indictment against Şebnem Korur Fincancı after 14 days, charging her with "making propaganda for a terrorist organization" charge. *This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. The work may be used and redistributed for non-commercial purposes with proper attribution to the Media and Law Studies Association (MLSA).
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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.