08.05.2026 14:26
4 defendants, charged with 'unfair competition' for allegedly directing patients to specific pharmacies by prescribing expensive medications at Diyarbakır Gazi Yaşargil Training and Research Hospital, denied the accusations during the 2nd hearing of the case.
In the second hearing of the case, 4 defendants accused of 'unfair competition' for allegedly directing patients to specific pharmacies for expensive prescriptions at Diyarbakır Gazi Yaşargil Training and Research Hospital denied the charges. While prosecutors sought 3-year prison sentences for the defendants, the Diyarbakır Chamber of Pharmacists also stated they were complainants.
Following a complaint by a pharmacist and the Turkish Pharmacists' Association at Gazi Yaşargil Training and Research Hospital, the Diyarbakır Chief Public Prosecutor's Office launched an investigation into allegations that some individuals collected prescriptions for expensive drugs and directed patients to specific pharmacies. The hospital administration also initiated an administrative investigation, and suspects F.E., N.A., and pharmacists H.D.O. and Ö.F.K. were taken into custody. After their statements to the prosecutor, they were released pending trial without detention.
THEY OBTAINED PATIENTS' IDENTITY INFORMATION
The investigation was completed and an indictment was prepared. In the indictment accepted by the Diyarbakır 12th Criminal Court of First Instance, images and records showing that prescriptions for expensive drugs were collected within the hospital, patients' identity information was obtained, and some patients were directed to specific pharmacies were included in the case file. The indictment included findings that suspects F.E., N.A., and pharmacists H.D.O. and Ö.F.K. engaged in prescription procurement and referral activities inside or around the hospital. The indictment further assessed that these actions harmed the equal and fair provision of healthcare services, violated professional ethics and rules of integrity, and constituted unfair competition within the scope of Articles 54 and 55 of the Turkish Commercial Code No. 6102.
CHARGE OF 'UNFAIR COMPETITION'
Referencing camera footage, CD analysis records, and witness statements in the case file, it was noted that prescriptions were procured within the hospital and patients were directed to specific pharmacies, and that assistants were observed moving within the hospital building or outpatient clinic corridors. The prosecutor's office, concluding that the actions constituted the crime of 'unfair competition', requested that the defendants be punished with up to 3-year prison sentences under Article 62/1 of Law No. 6102.
'I DID NOT DIRECT ANYONE'
The defendants and their lawyers attended the second hearing of the case heard at the Diyarbakır 12th Criminal Court of First Instance. Defendant F.E. stated in his defense that he had worked in Ö.F.K.'s pharmacy and later in H.D.O.'s pharmacy doing cleaning work, saying: "I worked for these people for a period. They are pharmacists. I am illiterate, so I did cleaning work. While working for these individuals, I certainly did not direct anyone to buy medicine from them. Furthermore, the other individuals named as defendants in the case did not direct me to do so either. I did not see them doing such things. I only gave medicines requested by my relatives and acquaintances. I do not accept the accusations, I am innocent."
'THERE WERE ENOUGH CUSTOMERS'
Pharmacist H.D.O. denied the accusations in his defense, stating: "I certainly did not direct F.E. or anyone else working for me to bring patients to my pharmacy. I did not need that either. My pharmacy is across from the hospital; I had enough customers. I am innocent, I primarily request my acquittal; if the court decides otherwise, I request the application of provisions in my favor. Defendant F.E. first worked for me for 2 weeks in 2021. Then he left. After the earthquake in 2023, I hired him again as a worker. He worked in my pharmacy for about 7-8 months during this period."
'COMPLAINTS ABOUT PHARMACISTS WERE CONSTANTLY COMING'
Complainant H.A., who participated in the case, stated that there were complaints about referrals in the region but no specific complaint against the defendants, saying: "At the time of the incident, I was a board member at the Diyarbakır Chamber of Pharmacists. However, I am not a manager now. During my tenure as a manager, complaints about pharmacists at the training and research hospital were constantly coming. These complaints indicated that there was referral to pharmacies there for patients to obtain prescribed medicines. But there was no information about who made these referrals. So we filed a criminal complaint with the prosecutor's office for an investigation. I did not witness the defendants before you engaging in such referrals. Moreover, no specific complaint has been received about these individuals. Complaints were only made about the pharmacies there. I am not personally a complainant."
HEARING ADJOURNED
Lawyer for the Diyarbakır Chamber of Pharmacists stated that as an institution they were complainants and requested to join the case. After the statements, the court decided to accept the Diyarbakır Chamber of Pharmacists' request to join the case based on the possibility of harm from the crime, to inquire about the status of a letter sent to the Chamber of Pharmacists, and adjourned the hearing to September 8.