Hearing news

Şebnem Korur Fincancı acquitted of charges under penal code article 301

Şebnem Korur Fincancı acquitted of charges under penal code article 301

 

Eylem Sonbahar

A Turkish court has acquitted Prof. Dr. Şebnem Korur Fincancı, a prominent human rights advocate, of charges of "publicly insulting the Turkish state" over her comments in a televised interview. The prosecutor had recommended acquittal, arguing that her statements did not meet the legal criteria for a criminal offense.

The third hearing in Fincancı’s trial was held at the Istanbul 69th Criminal Court of First Instance. Fincancı, the former president of the Turkish Medical Association (TTB) and a board member of the Human Rights Foundation of Turkey (TİHV), did not attend the hearing due to a prior excuse, nor did her lawyer, Oya Meriç Eyüboğlu. Representatives from TİHV and Amnesty International were present as observers.

The prosecutor, presenting the final opinion on the case, argued that Fincancı’s remarks did not constitute a crime under Turkish Penal Code Article 301, which criminalizes "insulting the Turkish state." The court rejected the excuse for Fincancı's absence but ruled in line with the prosecutor’s recommendation, acquitting her of all charges.

Background

The case stemmed from an interview Fincancı gave on March 15, 2022, on journalist Erkam Tufan Aytav’s YouTube channel. In the interview, she commented on photos of Orhan İnandı, an educator who was brought to Turkey from Kyrgyzstan.

Following a complaint filed via Turkey’s Presidential Communication Center (CİMER), the Istanbul Chief Public Prosecutor’s Office launched an investigation. The indictment cited Fincancı’s remarks:

"We know that torture has been happening in plain sight for some time. It happens in the streets, or photos of torture are shared. These are open threats—threats to society."

The prosecutor argued that these statements created the perception that İnandı had been tortured and sought Fincancı’s conviction. However, the court ultimately ruled for her acquittal.

 

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