Irish Tourist’s Dog Attack Case
Samuel Grzywna, an Irish tourist living in Istanbul, was seriously injured when he was attacked by a stray dog at Yenikapı Metro Station. The petition emphasized that Grzywna was at risk of getting rabies as a result of this incident. Grzywna had to cut short her holiday and return to her country, Ireland, due to this unfortunate incident she experienced in Istanbul, where she came for a holiday.
In the petition, it was requested that the damage suffered by the Irish tourist be covered by Istanbul Metropolitan Municipality (IMM) within the framework of Article 125 of the Constitution, Metropolitan Municipality Law No. 5216 and Animal Protection Law No. 5199. The situation was summarized with the following statements:
- “Municipalities have responsibilities in terms of controlling stray animals and taking measures against their dangers.”
- “Not only has your municipality not fulfilled these obligations, but it has also displayed an active behavior and allowed stray animals to enter public transportation units.”
- “When a damage occurs as a result of poor or late service delivery as a result of non-fulfillment of obligations, administrations have the obligation to compensate these damages.”
In the petition, 500 thousand liras were also requested for non-pecuniary damages and 902 euros of treatment expenses were requested to be covered.
IMM Rejected the Request for Compensation
Ahmet Atalık, Head of IMM Agricultural Services Department, responded to the petition on April 22, 2024 and referred to the Animal Protection Law No. 5199. The following statements were included in the article:
- “It is not possible to keep homeless animals in nursing homes indefinitely.”
- “Unless animals are adopted after the rehabilitation process is completed, they should be left in the environment where they were taken.”
- “It is a legal obligation for homeless animals to live together with people, and in this context, municipalities carry out procedures such as neutering and vaccination.”
It was also stated that if bite cases caused by stray animals are reported to the ALO 153 Solution Center, the necessary observation procedures are carried out. The article also stated the following:
- “Animals that bite are kept in nursing home units for the 10-day observation period specified in the Rabies Protection Regulation.”
- “The dog bite report received by Samuel Grzywna could not be identified.”
- “During the inspection in the area, no stray animal that was not taken into rehabilitation (not marked with a tag) was found.”
- “Our Metropolitan Municipality has fully fulfilled its duties specified in the relevant legislation and therefore the claim for compensation is rejected.”
The Court Requested Defense from IMM
After IMM rejected his request for compensation and hospital expenses, Samuel Grzywna filed a lawsuit against IMM. As a result, Istanbul 8th Administrative Court requested a defense regarding the incident from IMM.
