FREEDOM OF EXPRESSION

The trial 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 was opened last Friday (15 January) before the  Kadıköy (Istanbul) 2^nd Criminal Court of First Instance upon the complaint of Nur Bilgen, chair of the Institute for Forensic Medicine 3rd Specialization Chamber.

Fincancı and Yarkadaş are tried under charges of "Insulting a public official via the press" under article 125/1-2-4 of the Turkish Criminal Code (TCK) on the grounds of an interview carried out on 22 July 2009. Both defendants are facing prison sentences of two years and 6 months each.

Postponed to 5 March

The first hearing of the case on 15 January was attended by un-detained defendant The first hearing of the case on 15 January was attended by un-detained defendant Yarkadaş, his lawyer Nalan Gonca Çelik, Fincancı's lawyer Meriç Eyüboğlu and the plaintiff's counsel Özkan Karakoç.

The court decided to wait for the return of the case file from the Üsküdar High Criminal Curt on duty and to hear journalist Yarkadaş' defence in the coming hearing. Furthermore, the court decreed that defendant Fincanı and complainant Birgen, who did not attend the first hearing, should get prepared for the second hearing.

Fincancı attributed Birgen's promotion to her loyalty

When journalist Yarkadş asked TİHV board chair Fincancı in the interview how Birgen obtained her current position, Fincancı replied: "It probably was a reward for her loyalty". She said that crucial changes occured in the line-up of the Forensic Medicine Institute, and that this was especially the case under the direction of Mehmet Ağar.

Fincancı added, "There are investigations about reports made by the Medical Chamber Honor Council concerning torture because evidence of torture was hidden. Those reports probably gained her positive points on her record."

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