Koç University: seized embryos are safe

Koç University Deputy Chief of Medicine Özgür Tezcan answered Agos' questions.

On July 25, Istanbul Fertility Center, which was founded and directed by surgeon Aret Kamar, was seized and closed down after the inspection carried out by officials from ministry of health, district governor’s office and treasury. The reason was center’s alleged support to so-called “parallel structure” of Gulenists. 

Stating that the center has been operating for 11 years and treating an average of 200 patients in a day, Kamar said: “They took confidential records of 40,000 patients and this was the saddest part. They don’t have the right. Also, they transferred the embryos to Koç University.” Kamar said that they have been trying to contact to authorities, but they have nothing else to do.

Surgeon Aret KamarNEWS: Armenian doctor’s fertility center closed down as part of state of emergency

Koç University Deputy Chief of Medicine Özgür Tezcan answered Agos' questions concerning this issue.

Were the embryos transferred to your hospital?

With the initiation of Ministry of Health, the embryos are transferred to us and now, they are kept here under the best conditions possible.

Will the patients of the closed-down fertility center continue their treatment in your hospital?

Patients can choose any hospital they like. If they prefer another fertility center, we transfer the embryos to the preferred center, which is organized in accordance with an official procedure. First, the patient applies to the center she prefers and the preferred center makes a request to us. With the approval of Ministry of Health, the embryo would be transferred. We do whatever we can in order to avoid any trouble that the patients might experience.

When did the authorities contact to you about this issue?

The process was a bit quick; they contacted to us the moment when Istanbul Fertility Center is closed down. The authorities started to find a place to keep these embryos in proper conditions. Thus, they chose to transfer them to us.

It is reported that the files of 40,000 patients are also taken. Do you have those files now?

Some of the files are transferred to us, which are about embryos. Some of the papers are in the local health directorate.

It is also said that the medical equipment is also seized. Do you know anything about this issue?

We haven't received the equipment, except from the nitrogen tank.

How can the patients of the closed-down center contact to you?

We assigned the coordinator of the IVF unit of our hospital to deal with those patients. They will be assisted in the best way possible. 

Belen: “it is against principle of individual criminal responsibility"
Lawyer Bahri Belen assessed the closing down of the fertility center:

“This decision and practice is against the principle of individual criminal responsibility and the objective liability in the penal code, which prevents the punishment of legal entities as a whole.

After all, if one of the partners is a member of a criminal enterprise and it is proven by a court decision, then the assets/estates obtained through the criminal activity can be confiscated by a court decision.

The share of such a partner can only be seized by a court decision. Presently, only thing they can do is to take a cautionary judgment regarding the share of such a partner. Otherwise, the right to property, which is protected by the constitution and international conventions, is violated.

On the other hand, it is impossible for an Armenian citizen to know his partner's political motives based on “Islamic doctrines” and to devote his qualified professional labor to this motives and make him his partner anyway.

It is claimed that the partners are a member of a certain organization. If they act in accordance with syllogistic logic, they would punish anyone who worked with them before. Then, this would lead to incrimination and delegitimization of the politicians and soldiers who have been working with them until very recently. You can see the results of such a logic.

Thus, the state should always act in accordance with law and not violate rights and liberties. In this way, the legitimacy of politics and power would be strengthened. They might prevent new damages to the society.   

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Fatih Gökhan Diler