A Turkish court has ruled that forensic medicine expert and human rights defender Prof. Dr. Şebnem Korur Fincancı must pay 50,000 TL in damages to the Ministry of National Defense (MSB) following a lawsuit over comments she made during a live broadcast. The ministry accused Fincancı, a former president of the Turkish Medical Association (TTB) and current member of the Human Rights Foundation of Turkey (TİHV), of "damaging its reputation and belittling" it with her scientific evaluation.
The lawsuit, which originally sought 100,000 TL in damages, concluded after its sixth hearing at Ankara’s Dışkapı Courthouse, 2nd Civil Court of First Instance. The hearing was attended by representatives from professional organizations such as the TTB and Amnesty International’s Turkey branch, as well as various civil society groups and political parties.
"Scientific opinions should not warrant damages"
Fincancı’s lawyer, Meriç Eyüboğlu, emphasized in her defense that the remarks in question were part of a scientific assessment, arguing that Fincancı had exercised her right under the European Convention on Human Rights (ECHR). Eyüboğlu stated, "There is nothing controversial about a scientist offering an expert opinion in their field or making a critique. My client, based on digital evidence, suggested that toxic gases might have been used and that independent teams should conduct on-site inspections. This is not a diagnosis but a preliminary assessment, and no compensation should be warranted."
Hülya Yıldırım, a lawyer from the TTB legal office, added that while legal entities can claim to have personal rights, they cannot experience emotional distress, and thus the MSB had no grounds for claiming moral damages. She argued that the ministry could pursue other legal avenues instead.
After hearing the final statements from the parties, the court ruled that Fincancı must pay 50,000 TL in moral damages to the Ministry of National Defense.
"A forensic expert must ensure visibility of their evaluations"
Following the hearing, Fincancı made a brief statement outside the courthouse, criticizing the length and nature of the case. "This lawsuit was filed because we brought up a human rights violation. The Turkish Armed Forces said they felt offended. Whether an institution can feel offended is another matter, but the real issue here is that a case which should have been dismissed from the outset has dragged on for two years."
Fincancı highlighted the importance of forensic experts sharing their evaluations, particularly in cases of human rights violations, which she said are often concealed by state authorities. "Forensic experts are responsible for ensuring the visibility of such violations. If a forensic expert is punished for doing their job, it sends a chilling message to younger colleagues, discouraging them from working in this field. However, we can overcome this with solidarity. Neither 50,000 TL nor 100,000 TL fines, nor prison sentences will deter us. Young colleagues should not be afraid," she concluded.
