Turkey's rights advocate Fincancı on trial for 'insulting state' with torture remark

Turkey's human rights advocate Şebnem Korur Fincancı has faced trial for allegedly "insulting the Turkish state" via her comments on torture during an interview. The trial was adjourned to Feb. 20 for final arguments.

Furkan Karabay / Gazete Duvar

Former leader of the Turkish Medical Association Prof. Dr. Şebnem Korur Fincancı on Jan. 27 appeared in an Istanbul court on charges of “publicly insulting the Turkish state.”

The court had issued a warrant for the forensic expert and human rights advocate Fincancı after her excuse letter for missing the first hearing failed to reach the court.

Several supporters, including the main opposition Republican People’s Party (CHP) MP Sezgin Tanrıkulu, Turkish Medical Association Vice President Pınar Saip, representatives from the Human Rights Foundation of Turkey (HRFT), journalists, rights organizations, and officials from the German and U.S. consulates, attended the trial to show solidarity.

In her defense, Fincancı said she had participated in a discussion about torture, as defined in the Turkish Penal Code. She stated, “I am now defending myself for comments on torture, an issue I’ve spoken about since the 1980s. Those committing torture insult all of us, not the state. The real insult is opening a case for this.”

Fincancı further noted that Turkey was a signatory to the UN Convention Against Torture which it had failed to comply. The UN issued 65 recommendations for the country, identical to those eight years ago. 

Ministry of Justice statistics showed 4,332 investigations into torture and maltreatment in Turkey, which confirmed the country’s failure to fulfill its commitments to the UN. 

“Not fulfilling these commitments insults the state,” she claimed. “While I am prosecuted for discussing torture, the Ministry acknowledges thousands of cases in its reports. The Constitutional Court recently ruled on the case of Besna Tosun, a Saturday Mother subjected to police violence, which it classified as torture. Should the Constitutional Court also be tried for insulting the state?”

Following her defense, the prosecutor announced plans to present final arguments. The trial was adjourned to February 20.

What happened?
Fincancı previously appeared on a YouTube channel, commenting on the case of Orhan İnandı, accused of being the Fethullahist organization’s (outlawed by Ankara) Central Asia head and brought to Turkey.

Fincancı criticized the publication of photos of İnandı, comparing it to images from Abu Ghraib, stating that sharing such photos is a global crime and constitutes torture, which is categorically prohibited.

The Istanbul Chief Public Prosecutor’s Office launched an investigation after a complaint filed via Turkey’s Presidential Communication Center (CİMER). 

(English version by Ayşenaz Toptaş)