Human Rights Activits Tried for Criticising Forensic Medicine Institute

Prof. Dr. Şebnem Korur Fincancı, chair of the Turkish Human Rights Foundation (TİHV), and journalist Adnan Demir, editorial manager of the nationwide Taraf newspaper, stand trial at the Kadıköy 4^th Criminal Court of First Instance (Asian side of Istanbul). Both defendants are facing prison sentences, Fincancı for the contents of an interview, Demir for publishing it.

Nur Birgen, chair of the Forensic Medicine Institute 3^rd Specialization Chamber, sues Fincancı and Demir under charges of "insult" and "defamation" according to article 125 of the Turkish Criminal Code (TCK) on the grounds of the interview which had been published in Birgün newspaper and on the Gerçek Gündem news website. Complainant Birgen attended the latest hearing on 15 April together with her lawyer Meriç Eyüboğlu.

"Insult via the media"

Fincancı stands accused for "insult via the media" because of her statements that, according to Birgen, undervalued the scientific and ethic values of the services provided by the Forensic Medicine Institute.

As examples of the Forensic Medicine Institute's susceptibility for external influences, Fincancı quoted examples from December 2000, particularly more than 20 processes regarding imprisonments and furthermore F Type Prison Operations resulting in the deaths of almost 30 detainees.

Ali Suat Ertosun, former General Manager of Prisons and Detention Houses, requested to join the case. The court is going to decide on this request only after it will have heard defendant Demir's statement as well.

Lawyer Eyüboğlu indicated that regarding to the Turkish Criminal Law, a person can be accepted as joint plaintiff only if he or she directly suffered from damages caused by the criminal offence on subject.

Eyüboğlu pointed out that Ertosun was not harmed directly or indirectly by the interview. "The statements of the MP regarding the trial were criticism of the Forensic Medicine Institute's operation, its structures, long-term research and its autonomy".

The case against Fincancı and Demir will be continued on 22 June. TİHV Secretary General Dr Metin Bakkalcı assessed the litigation as "a basic effort to prevent torture and human rights violations that have been carried out in the light of scientific and ethic values for years and years".

Two more intervies, two more trials

Fincancı is furthermore prosecuted together with Barış Yarkadaş, GerçekGündem.com website official, for the interview entitled "Why did they lift capital punishment', published on GercekGündem.com on 22 July 2009. The coming hearing of this trial will be held on 21 June.

On 21 July, Fincancı faces another trial at the 4^th Magistrate Criminal Court in Şişli, Istanbul, for an interview published on the Birgün.net website. (EÖ/VK)