27.02.2025 10:52
The imam who was injured in an attack by a street dog in Silivri won the lawsuit he filed against the Istanbul Metropolitan Municipality (IBB) and Silivri Municipality. The court ruled that the municipalities must pay the imam 20,000 lira in compensation.
The Imam of Şüheda Mosque in Silivri, Mustafa Düzgit, was attacked by a stray dog while walking home after leading the afternoon prayer on August 1, 2023. The imam, who fell and was injured as a result of the attack, filed a claim for 30,000 lira in moral compensation from Silivri Municipality on August 23, 2023.
FILED A LAWSUIT AND REQUESTED COMPENSATION
After the district municipality rejected the compensation request, Düzgit filed a moral compensation lawsuit against Silivri Municipality and Istanbul Metropolitan Municipality (IMM) at the Istanbul 11th Administrative Court, claiming that they had failed to perform their duties properly. In the lawsuit petition submitted through his lawyer Hikmet Berk Dilmen, Düzgit requested that the 30,000 lira moral compensation be paid by the defendants along with the legal interest accruing from the date of the incident.
"HE FELL WHILE RUNNING AWAY FROM DOGS"
In the defense petition submitted to the court by the defendant Silivri Municipality, it was stated that the plaintiff's lawsuit was filed after the legal time limit had expired, and therefore the case should be dismissed due to the statute of limitations. It was argued that the defendant administration had not committed any negligence or service fault that would require compensation to be paid to the plaintiff, and that the plaintiff fell while running away from the dogs, thus the case should be dismissed on its merits.
In the defense petition sent to the court by the defendant IMM, it was stated that according to the relevant legislation, the coexistence of stray animals with humans in the city is a matter defined by law, and that the municipalities' duties include sterilization, vaccination, marking, registration, and rehabilitation processes.
"NO SERVICE FAULT"
In the defense of IMM, it was claimed that stray dogs, which were taken to the shelter for rehabilitation, are not released back into the environment if it is determined that they would pose an unavoidable threat to human and environmental health, and that they are housed in shelters until they are adopted, asserting that there was no service fault and requesting the dismissal of the case.
"IT WAS UNDERSTOOD THAT THE PLAINTIFF WAS INJURED DUE TO SERVICE FAULT"
The decision of the Istanbul 11th Administrative Court included the following statements:
"Considering that the areas where street dogs live in groups cannot be considered a natural environment, and that they feed on household waste and always have the possibility of not finding food, it has been concluded that the municipalities' duty, in accordance with the principle of continuity of public service, does not end with the release of street dogs back into the environment after necessary care and controls."
In the dispute examined in the file, it was stated that there was no dispute regarding the fact that the cause of the incident was stray dogs, and that the plaintiff's injury occurred as a result of the attack by these stray dogs. The decision recorded the following:
"It is clear that the defendant administration has not properly fulfilled its duties regarding the collection and rehabilitation of aggressive street animals that now pose a threat to human and environmental health in accordance with the Municipal Laws and Law No. 5199. It is understood from all the documents in the file that the plaintiff was injured as a result of the attack by stray dogs due to the service fault of the administration, and it has been concluded that moral compensation should be awarded to partially alleviate the effects of the trauma he experienced due to the attack of street dogs and the pain, sorrow, and distress he suffered due to his injury."
COMPENSATION WAS ORDERED TO BE PAID
The court decided to partially accept the request in the case, ordering Silivri Municipality and IMM to pay the plaintiff 20,000 lira in moral compensation.
"I COULDN'T OPEN THE DOOR AND GO TO THE MOSQUE FOR TWO DAYS"
Mustafa Düzgit stated that the area around the site is full of dogs and that they had applied to the municipality about this issue, but the problem was not resolved. He mentioned that dogs had previously attacked children and later attacked him, noting that he sought his rights through administrative and judicial means after the dog attack. Düzgit expressed that the dog attack had psychologically affected him, saying, "For two days, I couldn't open the door and go to the mosque. That dog seemed like it was going to attack me from behind the door. The dog kept coming to my mind, and I couldn't sleep for hours throughout the night."
"I WANT THIS DECISION TO SET A PRECEDENT"
Düzgit expressed that he found the court's decision in his favor to be positive, stating, "I want this court decision to set a precedent. I did not file this lawsuit for money. I filed it for moral satisfaction, to alleviate my sorrow. I want people to seek their rights in any dog attack and to apply to the courts."