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THE TURKEY CONSTITUTIONAL COURT CONSIDERED THE PROHIBITION OF THE PRACTICE OF THE MEDICAL PROFESSION A VIOLATION OF RIGHTS
As a result of the criminal conviction, the Turkish Constitutional Court considered the practices prohibiting the performance of the medical profession without limiting the scope and duration as a violation of the right to respect for private life.
According to the decision of the Constitutional Court published in the Official Gazette, a criminal complaint was filed against the applicant, who works as an ophthalmologist in the private sector, on the grounds that he did not pay the bank for the medical devices he acquired under a leasing agreement.
The applicant, who was sued in the criminal court of first instance, was sentenced to 10 months in prison and a judicial fine of 80 pounds for abuse of trust due to the service.
The court also noted that the prison sentence imposed on the applicant was commuted in accordance with Article 51 of the TCC. he decided to postpone it due to his clause. This decision was finalized without appeal.
The applicant, to whom the directorate of health decided to cancel his work certificate due to his imprisonment sentence, filed a lawsuit requesting the cancellation of the administrative action in question. As a result of the trial, it was decided that the transaction was unlawful.
After the health directorate applied for an appeal against this decision, it was decided to accept the appeal application and overturn the court’s decision with an examination. The decision, which the applicant appealed, was finalized upon the approval of the Council of State.
The applicant, who claimed that his right to respect for private life was violated due to the lifelong prohibition of using his rights and powers in the medical profession, died after making an individual application to the Constitutional Court.
“It is not in accordance with the requirements of the democratic order of society”
Applications to the Constitutional Court assessed, first, the individual application of the applicant in case of death while continuing the High Court within a reasonable time after the date of death of the heirs spontaneous application that wishes to proceed with the references examined.
The supreme court determined that the heirs of the applicant, who died after the individual application date, did not submit their requests regarding the fact that they wanted to continue the application in the time leading up to the decision date.
The Constitutional Court, which had not previously decided on an application for a similar issue involving a permanent ban, assessed the impact of practices that prohibit the performance of a profession or art as a result of a criminal conviction as a result of the application at hand, without limiting the scope and duration of the right to respect for private life in Turkey.
The supreme court, having determined that there are the reasons stipulated in the internal rules, concluded that the examination of the application should be continued.
In the decision stated in the Turkish Law on the Style Execution, which is the basis for the process of revoking the work document, the medical profession is regulated in detail under what conditions it will be performed, “28 of this Law. it is seen that a condition of not being convicted of a number of crimes is imposed in the article, which gives a limited number of places for the performance of the medical profession. It can be considered that the crimes listed in this article are crimes that are the subject of a social reflex and are condemned by the vast majority of society.” his assessment was included.
At the trial, the following statements were made in the decision, which stated that the case was dismissed on the grounds that the fact that the prison sentence was given even one day for abuse of trust would interfere with the performance of the medical profession, the following statements were used:
“In this decision, it was assessed that the issue of postponing the sentence and the rule that security measures will also be terminated with the execution of the sentence were ignored, no assessment was made of the private sector-public sector distinction, and the principle of decisiveness of the measure was not taken into account.
It is understood that the justification put forward by the courts of cassation does not include relevant and sufficient grounds of a convincing nature that the intervention meets a mandatory social need. Therefore, the intervention in the concrete event did not meet the condition of compliance with the requirements of the democratic order of society.”
“There is no fair balance”
It was emphasized that the sanction against the applicant will be applied without a specific place and time limit in the decision, as a result of the sanction, it was announced that the applicant will no longer be able to practice medicine not only in the public sector, but also in the private sector as a result of the sanction.
In the decision, it was noted that as a result of banning a person from performing their profession in the private sector, a fair balance could not be established between the weight of the burden that this person has to endure and the overall benefit expected from this sanction. decisionthat the legislator’s characteristics for working in the public sector may be considered normal to be stricter than the requirements for performing their profession in the private sector.
Having concluded that the interference with the applicant’s private life was disproportionate, the Turkish Constitutional Court decided that the Constitution’s Article 20 on this grounds. he ruled that the right to respect for private life, enshrined in his article, had been violated in Turkey.
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Turkey's world-renowned organ transplant specialist. Dr. Demirbaş has 104 international publications and 102 national publications.
Physician's Resume:
Born on August 7, 1963 in Çorum, Prof. Dr. Alper Demirbaş has been continuing his work as the President of MedicalPark Antalya Hospital Organ Transplantation Center since 2008.
Prof. who performed the first tissue incompatible kidney transplant in Turkey, the first blood type incompatible kidney transplant, the first kidney-pancreas transplant program and the first cadaveric donor and live donor liver transplant in Antalya. Dr. As of August 2016, Alper Demirbaş has performed 4900 kidney transplants, 500 liver transplants and 95 pancreas transplants.
In addition to being the chairman of 6 national congresses, he has also been an invited speaker at 12 international and 65 national scientific congresses. Dr. Alper Demirbaş was married and the father of 1 girl and 1 boy.
Awards:
Eczacibasi Medical Award of 2002, Akdeniz University Service Award of 2005, Izder Medical Man of the Year Award of 2006, BÖHAK Medical Man of the Year Award of 2007, Sabah Mediterranean Newspaper Scientist of the Year Award of 2007, ANTIKAD Scientist of the Year Award of 2009, Social Ethics Association Award of 2010, Işık University Medical Man of the Year Award of 2015, VTV Antalya's Brand Value Award of 2015.
Certificates:
Doctor of Medicine Degree Hacettepe University Faculty of Medicine Ankara, General Surgeon Ministry of Health Turkey EKFMG (0-477-343-8), University of Miami School of Medicine Member of Multiple Organ Transplant, ASTS Multiorgan Transplant Scholarship. Lecturer at Kyoto University. Lecturer at University of Essen, Research assistant at the University of Cambridge .
Professional Members:
American Society of Transplant Surgeons, American Transplantation Society Nominated, Middle East and Southern Africa Council Transplantation Society 2007, International Liver Transplantation Association, Turkish Transplantation Association, Turkish Society of Surgery, Turkish Hepatobiliary Surgery Association.
Disclaimer:
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