He was injured in the attack of a stray dog! He won the compensation case he filed against the Istanbul Metropolitan Municipality... 'I did not file this case for money'

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Creation Date: February 26, 2025 17:34

Mustafa Düzgit, the Imam of Şüheda Mosque in Silivri, was attacked by a stray dog ​​while walking to his residence after performing the afternoon prayer at the mosque on August 1, 2023.

Imam Düzgit, who fell to the ground and was injured as a result of the attack, requested 30 thousand liras of non-pecuniary damages from the Silivri Municipality on August 23, 2023.

After the district municipality rejected his compensation claim, Düzgit filed a lawsuit for non-pecuniary damages with the Istanbul 11th Administrative Court against Silivri Municipality and Istanbul Metropolitan Municipality , on the grounds that they did not fulfill their duties properly.

In his petition submitted through his lawyer Hikmet Berk Dilmen, Düzgit requested that 30 thousand liras of non-pecuniary damages be collected from the defendants and paid to him, along with legal interest accruing from the date of the incident.

DEFENDANT ADMINISTRATIONS CLAIM THAT THERE WAS NO SERVICE DEFECT

In the defense petition submitted to the court by the defendant Silivri Municipality, it was argued that the plaintiff's lawsuit was filed after the legal period had expired, therefore the lawsuit should be dismissed due to the statute of limitations, that there was no negligence of duty or service defect that would require the defendant administration to pay compensation to the plaintiff, that the plaintiff fell while running away from the dogs because he was afraid, and therefore the lawsuit should be dismissed on its merits.

In the defense petition sent to the court by the defendant IMM Presidency, it was stated that in line with the relevant legislation, the survival of stray animals with people in the city is a matter determined by law, and that the duty of the municipalities is to carry out the procedures of neutering, vaccination, marking, registration and rehabilitation.

In the defense of IMM, it was stated that the stray dogs that were taken to the shelter by the defendant administration for rehabilitation procedures and that would pose an inevitable threat to human and environmental health if left in the environment they were taken to, were not abandoned and were kept in shelters until they were adopted. It was claimed that there was no service defect and a decision was requested to dismiss the case.

"IT IS CLEAR THAT THE DEFENDANT ADMINISTRATION FAILED TO PERFORM ITS DUTIES PROPERLY AND IS LIABLE FOR FAULT"

The decision of the Istanbul 11th Administrative Court included the following statements:

"Considering that the area where street dogs live in groups in or near settlements cannot be considered a natural environment, that they feed on household waste and that there is always a possibility that they may not be able to find food, it has been concluded that the duty of municipalities, in accordance with the principle of continuity of public service, will not end with the street dogs being released back to the environment from which they were taken after performing the necessary care and control."

In the dispute examined in the file, it was stated that there was no dispute that the cause of the incident was stray dogs, and that the plaintiff's injuries occurred as a result of the attack of these stray dogs, and the following was recorded in the decision:

"It is clear that the defendant administration has not fulfilled its duties in collecting and rehabilitating aggressive stray animals that pose a threat to human and environmental health in the town in accordance with the Municipality Laws and Law No. 5199 and that it is responsible for fault. It is understood from the entire content of the file that the plaintiff was injured and received treatment as a result of the attack by stray dogs due to the administration's service fault, and it has been concluded and concluded that non-pecuniary damages should be awarded in order to partially alleviate the effects of the trauma he experienced as a result of the attack by stray dogs and the pain, anguish and sadness he experienced due to his injuries."

The court decided to partially accept the request in question and ordered Silivri Municipality and Istanbul Metropolitan Municipality to pay 20 thousand liras of non-pecuniary damages to the plaintiff.

"I COULDN'T OPEN THE DOOR AND GO TO THE MOSQUE IN THE MORNING FOR TWO DAYS"

Mustafa Düzgit, in his statement, said that the area around the site was full of dogs and that they applied to the municipality about this issue, but the problem was not solved.

Düzgit, who stated that dogs had previously attacked children and then attacked him, noted that he sought his rights through administrative and judicial channels after the dog attack.

Expressing that the dog attack affected him psychologically, Düzgit said, "For two days, I could not open the door in the morning and go to the mosque. It was as if the dog was going to attack me behind the door. The dog was in front of my eyes, I could not sleep for hours at night."

Düzgit expressed that he found the court's decision in his favor positive and said, "I want this court decision to set a precedent. I did not file this lawsuit for money. I filed it for spiritual satisfaction and to relieve my sadness. People should seek their rights and apply to the courts in case of any dog ​​attack."