Doctor Yusuf Eryazğan, President of the Şanlıurfa Family Physicians Association (ŞUHAED), is currently on trial under the "censorship law" for his remarks about vaccine supply challenges on a television program. His lawyers argue that a report prepared by an inspector employed by the Ministry of Health, which led to the trial, lacks impartiality.
During his appearance on NTV channel on December 9, 2022, Eryazğan highlighted supply issues with Hepatitis B, polio, and tuberculosis vaccines at Family Health Centers (ASM). The first hearing of the case, accusing him of "publicly spreading misleading information" under Article 217/A of the Turkish Penal Code (TCK), was held at the Istanbul 32nd Criminal Court of First Instance.
Eryazğan was absent, but his lawyers, Hayriye Yüksekyayla Aydoğdu and Ömer Faruk Tutuş, were present, along with Önay Çiğdem Mandacı, the lawyer for the Ministry of Health. It was reported that Eryazğan had previously made his defense at a directive hearing at the Şanlıurfa 4th Criminal Court of First Instance in December.
Mandacı, representing the Ministry of Health, maintained that the ministry was responsible for vaccine procurement and claimed that Eryazğan's statements were false. Mandacı also expressed their ongoing complaints and requested to join the case.
"Contradictions in the report"
Aydoğdu pointed out the investigation stemmed from a report drafted by an inspector following Eryazğan's public statements. "Despite not using the word 'none,' the investigation focused on this term. Given the inspector's affiliation with the Ministry of Health, we doubt the report's impartiality. Furthermore, there are inconsistencies in the report," Aydoğdu stated.
Aydoğdu added, "Initially, my client verbally reported the situation, as experienced by himself and other family physicians, to the Urfa Provincial Health Directorate. Subsequently, he requested information about the vaccine stock sent to Urfa in a written communication to the Directorate. There was no intention to mislead the public. We request that witnesses be heard and a verdict of acquittal for my client."
"He voiced his and other family physicians' struggles"
Tutuş, emphasizing the report's bias, noted, "The report states that no administrative or disciplinary action will be taken against my client. Therefore, the launched investigation is legally unjustified. Although the indictment claims my client said 'no vaccinations have been done in Şanlıurfa for two months,' he never used the word 'none.' We request consideration of this fact." Tutuş highlighted that Dr. Eryazğan was expressing the difficulties he and 450 family physicians faced regarding vaccinations, mentioning that at the Şanlıurfa directive hearing, 65 to 70 family physicians were proposed as potential witnesses.
Acknowledging the Ministry of Health's potential harm from the crime, the court decided to allow their participation in the case. The court also ordered to obtain statements from two witnesses identified by Eryazğan's lawyer, based on their addresses. The hearing has been postponed to July 4.
