FREEDOM OF EXPRESSION

Nur Bilgen, chair of the Institute for Forensic Medicine 3rd Specialization Chamber, filed a lawsuit against Prof. Dr. Şebnem Korur Fincancı, board chair of the Turkish Human Rights Foundation (TİHV) and Barış Yarkadaş, chief editor of "Gerçek Gündem.com" ('real agenda') website.

Birgen has been frequently criticized by the media because of her medical reports. In one of her reports she suggested to relaease detained Ergenekon defendants from detention. In another report she spoke out negatively about detainees in F-type prisons suffering from Wernicke Korskoff syndrom.

Journalist Yarkadaş was called to the prosecutor's office

22 July 2009 journalist Başak Günsever of Gerçek Gündem.com broadcasted the interview with Fincancı. Birgen applied to the Chief Public Prosecutor's Office in Kadıköy, a district on the Anatolian side of Istanbul. She accuses Fincancı and Gerçek Gündem.com of "insulting her via the media".

Birgen claims a prison sentence for Fincancı and Yarkadaş on the grounds of article 125/1-2-4 of the Turkish Criminal Code (TCK). Journalist Yarkadaş was called to the Kadiköy Prosecutor's Office on 1 September. He informed the prosecutor that before making any statements he is going to talk to his lawyer first.

"It probably was a reward for her loyalty!"

In the inteview Prof. Fincancı was asked whether there is a change of staff in line with the change of power in the Forensic Medicine. Fincancı answered that Birgen obtained her position as a result of her loyalty. She said that there have been heavy and important changes in the line-up of the Forensic Medicine Institute, and that this was  especially the case under the direction of Mehmet Ağar.

When asked how Birgen obtained her current position, Fincancı replied: "It probably was a reward for her loyalty! There are investigations about reports made by the Medical Chamber Honor Council concerning torture because evidence of torture had been hidden. Those reports probably gained her positive points on her record."

Hiding torture

In 1995 Birgen prepared a report about 7 people that had been tortured, stating the lack of evidence for torture. As a consequence the Medical Chamber suspended her from office. Later on this penalty was void because her status as a "public official" was applied in court. Instead, Birgen became appointed head of the 3^rd Specialization Board.

Birgen became head of a project for educating judges and prosecutors on torture. The Turkish Medical Association, the Association of Forensic Medicine Specialists and the Turkey Human Rights Foundation withdrew from this project.

"Amnesia" report for İbrahim Şahin

Birgen also signed the "loss of memory" report for Ibrahim Şahin, Susurluk convict and Ergenekon defendant and former special operations manager. (EÖ/VK).