Indictment of Şebnem Korur Fincancı analysed in scope of PEN Norway project

PEN Norway's third Turkey Indictment Project report of 2023 on the indictment in the case of Prof Dr. Şebnem Korur Fincancı written in November 2022 has been released today (October 12). 

Written by Lawyer Helen Duffy, the report presents an analysis of the indictment prepared in the case in which the Turkish Medical Association (TTB) chair has later been sentenced to 2 years, 8 months and 15 days in prison for "terror propaganda" because of her comments about chemical warfare allegations against Turkey during a live TV program. 

Key concerns

The review concludes that the indictment raises multiple extremely serious human rights concerns and is incompatible with international human rights law standards binding on Turkey.

The analysis by Duffy finds the Fincancı indictment is incompatible with the basic principles of criminal law. 

Underlining that "laws must be formulated with clarity and sufficient precision to apprise individuals of the requirements expected of them to bring their conduct into compliance with the law," it critisizes the failure to identify how the alleged conduct and intent of the accused could give rise to individual responsibility for the crime charged (disseminating terrorist propaganda).

Again according to the analysis considerable lack of clarity emerges from the indictment as to the fundamental question of the nature of the alleged criminal conduct and intent of the accused.

'Criminal law cannot punish thoughts'

Reminding "criminal law cannot punish thoughts, only criminal conduct of the accused," the reports adds: 

"Sharing thoughts or opinions becomes punishable only in exceptional circumstances, where it results in a harm protected in law, or at a minimum a real risk that a crime will be committed as a result, and an intent to commit or contribute to those crimes." 

Helen Duffy cites in her report that “Propaganda of Terrorist Organisation” under Art. 7/2 of Anti-Terrorism Act (Law no. 3713), applied in the present case, reads as follows:

 “Any person who disseminates propaganda in favour of a terrorist organisation by justifying, praising or inciting the use of methods constituting coercion, violence or threats shall be liable to a term of imprisonment of one to five years.”

She concludes however that in this case, "Dr. Fincancı did not in any capacity make any statements calling for the incitement of violence, nor could the statements in the indictment be construed in this manner as they
did not relate to or support, still less call for, violence by the PKK or other group." (PE)