Eylem Sonbahar
Professor Dr. Şebnem Korur Fincancı, former president of the Turkish Medical Association (TTB) Central Council and board member of the Human Rights Foundation of Turkey (TİHV), appeared in court for the second hearing of a case accusing her of "publicly insulting the Turkish nation, the Republic of Turkey, the Grand National Assembly of Turkey, the government of Turkey, and the judicial organs of the state." The trial was held at Istanbul’s 69th Criminal Court of First Instance.
The charges stem from comments Fincancı made during a YouTube program on March 15, 2022, hosted by Erkam Tufan Aytav. Referring to photos of Orhan İnandı, a teacher extradited from Kyrgyzstan to Turkey, Fincancı criticized alleged torture practices. She said, "We know that torture has been happening openly for some time. It happens on the streets or through publicly shared photographs of torture. These are clear threats, threats to society." Her remarks were interpreted as creating a perception that İnandı had been tortured.
During the hearing, Fincancı rejected the charges, stating, "It is not me but those who commit acts of torture and fail to prosecute them who are committing crimes." She argued that her comments were based on professional assessments of torture and that her work highlights the state’s obligations to prevent such acts.
High-profile attendance and defense arguments
The hearing drew significant attention, with attendees including the TTB Central Council’s vice president, Pınar Saip; TİHV representatives Ümit Efe and Ümit Biçer; representatives from the German and U.S. consulates; members of the Association of Forensic Medicine Experts; the Istanbul Medical Chamber; the Human Rights Association (İHD) Istanbul branch; and the Saturday Mothers, a group advocating for victims of enforced disappearances. Sezgin Tanrıkulu, a member of parliament from the Republican People’s Party (CHP), and Fatih Polat, former editor-in-chief of Evrensel newspaper, were also present.
Fincancı’s lawyer, Oya Meriç Eyüboğlu, emphasized her client’s expertise in forensic medicine and human rights. "The elements of the alleged crime are not present," Eyüboğlu said. "She merely made assessments. We believe this is a case that should never have been initiated."
Torture statistics and Constitutional Court ruling referenced
In her defense, Fincancı cited official data from the Directorate of Judicial Records and Statistics, noting that 4,332 investigations were launched this year for torture and mistreatment offenses. "If my statements are deemed criminal, then the Directorate of Judicial Records and Statistics has committed the same offense," she argued.
She also referenced a ruling by Turkey’s Constitutional Court in the case of Besna Tosun, who had been subjected to police violence. "The court acknowledged in its decision that the state’s police committed acts of torture. Should the Constitutional Court also be investigated under Article 301?" she asked.
Prosecution seeks more time, trial adjourned to February
The prosecutor requested additional time to prepare the final opinion on the case. The court accepted the request and adjourned the trial to February 20. The case continues to be closely watched as a prominent example of the application of Turkey’s controversial Article 301, which has been criticized for curbing freedom of expression.
Background on Article 301 and the case
Article 301 of the Turkish Penal Code criminalizes "publicly insulting the Turkish nation, the Republic of Turkey, and its institutions." It has been widely criticized by human rights organizations for its restrictive impact on free speech. Fincancı, an internationally recognized expert on forensic medicine and human rights, has faced multiple investigations and lawsuits over her work highlighting alleged human rights abuses in Turkey.
