Turkey

PRESS RELEASE

28 December 2022

Tomorrow renowned Turkish doctor and human rights defender Prof. Dr. Şebnem Korur Fincancı will undergo a second judicial hearing on baseless charges in Istanbul Heavy Penalty Court. Due process violations, lack of evidence, and ill-treatment of Dr. Korur Fincancı during her transfer suggest that her arrest is a gross miscarriage of justice. International medical and human rights organisations including the CPME (Comité Permanent des Médecins Européens), the International Rehabilitation Council for Torture Victims (IRCT), Physicians for Human Rights (PHR), the World Medical Association and others stand in solidarity with their Turkish medical and human rights counterparts in calling for her immediate and unconditional release and acquittal on fraudulent charges of “making terrorist propaganda.”

Just days before, on 23 December, Dr. Korur Fincancı addressed the court, which was ruling on her release from pre-trial detention, in a small, stuffy courtroom overflowing with supporters and independent observers, while thousands of armed riot police surrounded the courthouse. The three-judge panel introduced arbitrary rules during the proceedings, such as limiting Dr. Korur Fincancı’s legal representation to only three lawyers. Despite her lawyers’ appeal for a safe and dignified transfer from Ankara to Istanbul criminal court, the sixty-three-year-old was subjected to a five and a half hour ride in a van in handcuffs. IRCT and PHR, which monitored her hearing on 23 December, condemn these due process violations, the lack of evidence against her, and her gratuitous ill-treatment as manifestations of an unfair trial and groundless detention.

Citing Kant, Socrates and Tacitus, Dr. Korur Fincancı, who served for years on the editorial committee of the Istanbul Protocol for documenting and investigating torture, spoke of the sanctity of science and forensic science in particular as a means to the truth. With seven gendarmerie hovering over her, she proclaimed her commitment to the international human rights movement and to upholding the right to free speech. Citing the political nature of the charges, Dr. Korur Fincancı’s defense attorney told the court, “There is no crime here. She is a brave woman. The judge must be brave, too, and release her.”

The case against Dr. Korur Fincancı coincides with a broader government attack on Turkey’s independent medical community. The members of the Central Council of the Turkish Medical Association (TMA) are facing baseless criminal charges for alleged collaboration with terrorist organisations, and legislative attempts to strip the TMA of its autonomy are underway. Central Council members face imminent arrest on charges the prosecution has not yet shared with them. The trumped-up criminal charges against Dr. Korur Fincancı and other leading Turkish physicians challenges the essential independence of the medical profession, which is a central pillar of societies based on good governance and rule of law.

The CPME, IRCT and PHR call on the Turkish authorities to respect Dr. Korur Fincancı’s right to free speech and acquit her of these false charges. “Attacks on one physician are an attack on all of us, and indeed against the practice of medicine,” said Dr. Michele Heisler, Medical Director of Physicians for Human Rights. “Dr. Korur Fincancı’s continued detention and the unlawful charges against her are harmful to Turkish society as a whole. We demand her full acquittal and long overdue release.”

Lisa Henry, Secretary General of the IRCT, said: “Şebnem is a human rights defender, and her right to defend human rights and express herself freely is essential to ensuring that the people of Türkiye and the world can enjoy their universal human rights.”

To download this statement as a PDF click here. 

More on Dr. Fincancı:

Dr. Fincancı began her anti-torture work in the 1990s, documenting cases of torture and writing about medical ethical obligations despite opposition and oppressive measures by the Turkish government. She has continually fought to ensure that the forensic medical department at Istanbul University would remain independent rather than becoming an arm of the state. In 1996, Dr. Fincancı investigated mass graves in Bosnia on behalf of the United Nations International Criminal Tribunal. She began her work with PHR in 1996 and  documented numerous cases of state sponsored torture in Turkey and elsewhere over the decades as part of this partnership. She has worked with the World Health Organization on the Sexual Violence against Women Handbook and has investigated deaths in detention in Bahrain, Israel and the Philippines while elaborating medico-legal evaluations for torture survivors in several countries. She was the head of Istanbul University’s forensic medical department until she was forced from the position because of her support for human rights and academic freedom. She is one of the founders of the Turkish Penal Code Association. Dr. Fincancı serves on PHR’s Advisory Council and received the 2017 Physicians for Human Rights award.

We the undersigned, representatives of the global health community, are dismayed to witness once again the harassment of our esteemed colleague and human rights defender Prof. Dr. Şebnem Korur Fincancı by the government of Türkiye and its judiciary.

Arbitrarily detained since 26^th October, Prof. Dr. Fincancı is a world-renowned and respected academic and forensic scientist and one of the leading voices in advancing the fight against torture. President of the Turkish Medical Association (Türk Tabipleri Birliği) and board member of the Human Rights Foundation of Turkey (HRFT), Prof. Dr. Fincancı has been targeted by authorities due to her call for an investigation to be conducted by an independent committee in a recent highly publicised case related to Türkiye on the possible use of chemical weapons, based on her objective examination of alleged video evidence. On 27^th of October, after several hours of questioning, the Ankara Court ordered the pre-trial detention of our colleague on accusations of “making propaganda for a terrorist organisation.”

To download this statement as PDF click here.

We stand in solidarity with our esteemed colleague and friend Şebnem and we support her call for an independent investigation on the alleged use of chemical weapons; we are appalled to observe once more that Şebnem is a victim of judicial harassment for exercising her ethical duties, her professional independence, and her freedom of expression.

We urgently demand to the authorities the immediate and unconditional release of Prof. Dr. Şebnem Korur Fincancı and for all charges against her to be dropped. Her shocking detention and arrest constitute yet another attempt to silence independent voices in Turkey. We call on the judiciary to stop using anti-terrorism laws to target dissenting views and to instead support health professionals in the exercise of their professional duties.

Further, we are extremely concerned by the smear campaign to which Şebnem has been subjected due to her work as physician and as President of the Turkish Medical Association since she was elected to the position in September 2020, simply for being an outspoken voice in reminding the authorities of their obligation to duly respect fundamental human rights.

Further, we are extremely concerned with the present crackdown on the independence of the Turkish Medical Association. Following Şebnem’s arrest, the Ankara Chief Prosecutor’s office has ordered the dismissal of the Medical Association’s governing Council and is attempting to force new elections in order to silence its members critical voices. The independence and autonomy of the Medical Association are universal values of the health profession that have been upheld for thousands of years and play a critical role in countries of ensuring the highest quality of care for individuals and the public health.

We, the undersigned, reiterate our call on the Turkish authorities to immediately release our colleague Şebnem, to end the judicial harassment against her and stop the procedure against the legitimately elected Council of the Turkish Medical Association.

IFEG (Independent Forensic Expert Group) members:

Prof. Djordje Alempijevic MD, PhD; Prof. Resmiye Oral, MD, FAAP; Prof. Duarte Nuno Vieira; Prof. Jason Payne-James, LLM, MSc, FFFLM, FRCS, FRCP, FCSFS, FFCFM(RCPA), RCPathME ; Prof. Ravindra Fernando; Prof. Vincent Iacopino, MD, PhD; Dr. Pierre Duterte,MD; Dr. Michele Heisler, MD, MPA; Prof. em. Jørgen Lange Thomsen; Dr. Bettina Steiner Birmanns MD; Dr. Jens Simon Modvig; Dr. Adriaan van Es, MD; Dr. Rohini J. Haar, MD, MPH; Prof. Peter Vanezis, MB, ChB, MD, PhD, FRCPath, FRCP(Glasg), FFFLM, FCSFS, FAFMS(UK), DMJ(Path); Prof. Peter Mygind Leth; Dr. Jose Quiroga; Dr. Marie Brasholt; Ms. Felicitas Treue; Dr. Clifford Perrera; Dr. Steen Holger Hansen; Dr. Hernán Reyes; Dr. Sidsel Rogde; Dr. Sana Hamzeh; Dr. Lilla Hárdi; Dr. Jonathan Beynon; PD Dr. med. Matthis Schick; Dr. Türkcan Baykal, MD, PhD; Prof. Rusudan Beriashvili, MD, PhD; Dr. Önder Özkalıpcı, MD, Forensic Physician; Dr. Hege Cathrine Luytkis; Dr. Agapios Terzidis, MD; Dr. Máximo Alberto Duque Piedrahíta; Prof. Antti Sajantila MD, PhD.

Organisations:

Independent Forensic Expert Group: www.irct.org/ifeg

International Rehabilitation Council for Torture Victims: www.irct.org

Physicians for Human Rights: www.phr.org

Coimbra University Centre for Humanitarian and Human Rights Forensic Research and Training: www.igc.fd.uc.pt

IFHHRO | Medical Human Rights Network: www.ifhhro.org

Restart Centre for Rehabilitation of Victims of Violence and Torture:  www.facebook.com/restartcenter

Colectivo Contra la Tortura y la Impunidad: www.es-la.facebook.com/CctiColectivo

Cordelia Foundation for the Rehabilitation of Torture Victims: www.cordelia.hu/en

Dignity-Danish Institute Against Torture: www.dignity.dk/en

Four leading international human rights and medical NGOs condemn the arbitrary arrest on 27 October of Dr. Şebnem Korur Fincancı, chairperson of the Turkish Medical Association and executive committee member of the Human Rights Foundation of Turkey.

The organizations demand Dr. Fincancı’s immediate, unconditional release and that Turkish authorities cease their crackdown on human rights and freedom of expression in the country. Organizations calling for her release from the Ankara Sincan Prison, where she is currently detained, include Physicians for Human Rights (PHR), the International Rehabilitation Council for Torture Victims (IRCT), DIGNITY, and Redress.

To download this statement as a PDF click here. 

Dr. Fincancı is a globally renowned forensic physician, anti-torture expert, and human rights champion. She has devoted her professional life to the investigation and documentation of torture. Preparing reports on cases of torture and writing on medical ethics in the 1990s, when torture was prevalent in Turkey, she was met with oppression and resistence by the state. During this period Dr. Fincancı co-developed the Istanbul Protocol, the UN-endorsed, global standard for the investigation and documentation of torture.

Dr. Fincancı was detained during an early morning house raid on 26 October upon orders from Ankara Chief Public Prosecutor under Turkish Criminal Code Article 7/2 of the Anti-Terror Law (propaganda for a terrorist organisation) and Article 301/2 (degrading the military or security services of the State) due to a statement she made to a news channel. The Public Prosecutor's office also requested her dismissal as the chair of the Turkish Medical Association and the election of a new president. Today, the Ankara 3rd Criminal Judgeship of Peace ordered her arrest on bogus charges of “propaganda for a terrorist organisation.” Turkish authorities have reportedly detained Dr. Financı for calling for an independent investigation, in line with international best practices, based on suspicion of the use of chemical weapons.

“The Turkish government’s sudden and capricious arrest of one of the country’s top doctors is an assault on human rights, medicine, and freedom of expression in the country,” said Michele Heisler, MD, MPA, medical director at PHR and professor of internal medicine and public health at the University of Michigan.

“In line with internationally recognized medical professional ethics, Dr. Fincancı has consistently called for objective application of forensic methods in cases where human rights violations are alleged. She is now targeted for being a voice of science and human rights,” said Dr. Heisler.

“Authorities must immediately release her and all others wrongfully detained. Dr. Fincancı’s arrest appears to be part of a mounting crackdown on human rights in Turkey. We call on the global medical and human rights community to act in solidarity with Dr. Fincancı. Contact Turkish President Recep Tayyip Erdoğan directly to let Turkish authorities know that the world is watching. We will not sit by while a human rights and forensic medicine pioneer is wrongfully accused and abused by a repressive Turkish state,” said Dr. Heisler.

“The detention of Şebnem illustrates the intensity of the judicial harassment led by the Turkish authorities against Human Rights Defenders. With the support of iniquitous laws, Turkey’s judicial system is now cracking down on every move from representatives from civil society. Şebnem and the Turkish Medical Association have been increasingly targeted by the authorities due to their invaluable work in denouncing grave human rights violations in the country. We won’t remain silent in front of the arbitrary arrest of one of the leading voices of the medical and human rights movement in the country,” said Lisa Henry, secretary general of the International Rehabilitation Council for Torture Victims.

“It is shameful that the Turkish authorities abuse the criminal justice system to detain honorable and widely respected human rights defenders like Dr Fincanci. Rather, the authorities should be happy that she engages in putting a stop to torture and improving human rights in their state,” said Jens Modvig, MD, PhD, medical mirector at DIGNITY.

"As a doctor and a teacher, Şebnem is a mentor to scores of younger physicians committed to human rights,” said Rohini Haar, MD, MPH, research fellow at the Human Rights Center, School of Law, UC Berkeley. “Arresting her has crippling ripple impacts across the health and human rights community."

Dr. Fincancı was also arrested in 2016 by Turkish authorities for her human rights activism and her suggestion that war is a public health problem. PHR galvanized an international coalition in support of Dr. Fincancı that ultimately contributed  to her release.

Turkish authorities can be contacted at:

• President of the Republic of Turkey, Mr. Recep Tayyip Erdoğan. Email: contact@tccb.gov.tr .
• Minister of Justice, Mr. Bekir Bozdağ. Email: info@adalet.gov.tr .
• Minister of Interior, Mr. Süleyman Soylu. Email: diab@icisleri.gov.tr; sti@icisleri.gov.tr .

More on Dr. Fincancı:

Dr. Fincancı began her anti-torture work in the 1990s, documenting cases of torture and writing about medical ethical obligations despite opposition and oppressive measures by the Turkish government. She has continually fought to ensure that the forensic medical department at Istanbul University would remain independent rather than becoming an arm of the state. In 1996, Dr. Fincancı investigated mass graves in Bosnia on behalf of the United Nations International Criminal Tribunal. She began her work with PHR in 1996 and  documented numerous cases of state sponsored torture in Turkey and elsewhere over the decades as part of this partnership. She has worked with the World Health Organization on the Sexual Violence against Women Handbook and has investigated deaths in detention in Bahrain, Israel and the Philippines while elaborating medico-legal evaluations for torture survivors in several countries. She was the head of Istanbul University’s forensic medical department until she was forced from the position because of her support for human rights and academic freedom. She is one of the founders of the Turkish Penal Code Association. Dr. Fincancı serves on PHR’s Advisory Council and received the 2017 Physicians for Human Rights award.