UN experts call for urgent release of Prof. Korur-Fincancı

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UN human rights experts have called on Türkiye to release Turkish Medical Association Chair Prof. Şebnem Korur-Fincancı and stop "using counter-terrorism legislation to intimidate human rights defenders."

Korur-Fincancı was detained during a raid on her home on October 26 and remanded in custody the next day for "propagandizing for a terrorist organization."

The investigation into her concerns her comments on the allegations that Türkiye had used chemical weapons against the Kurdistan Workers' Party (PKK) during its military operations in Iraq's Kurdistan region.

"Dr. Fincancı's arrest appears part of a deliberate pattern of applying counter-terrorism legislation to discredit human rights defenders and organizations and interrupt their vital human rights and medical work," the experts said in a statement today (November 9).

"We have documented many cases where counter-terrorism legislation and other criminal provisions have been used to harass, arrest, detain and convict civil society actors in Türkiye, including Dr. Fincancı, on spurious grounds."

"Politically motivated arrests"

Such attacks which aim to shrink safe civic space undermine the rule of law and encroach upon fundamental freedoms and democratic values, the experts further said.

"Detention pending investigation beyond an initial period of interview is an exceptional measure and must be subject to judicial authorization as to its continuing lawfulness and proportionality.

"Human rights defenders and medical practitioners' ability to speak truth to power must be protected. Their role in exposing human rights violations is one of the cornerstones of democratic societies, and otherwise exercising rights of freedom of expression and association, are protected rights under international human rights law."

The experts urged the authorities to immediately and unconditionally release Korur-Fincancı, and other civil society actors detained for politically motivated purposes, ensure their access to fundamental safeguards, and protect their mental and physical integrity, in and outside of detention.

International conventions

Türkiye is a party, among other treaties, to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it ratified in 1988, the statement noted.

"Such ratification obligates States parties to take all measures to prevent torture and similar ill-treatment or punishment and to investigate and prosecute related crimes.

"Threats of arrest and imprisonment and judicial intimidation cause high levels of distress and anxiety, which could amount to psychological inhumane or degrading treatment or punishment in violation of international law. Türkiye is also a party to the International Covenant on Civil and Political Rights, which it ratified in 2003, and which prohibits arbitrary arrest or detention."

The statement was signed the statement: Alice Jill Edwards, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Fionnuala Ní Aoláin, Special Rapporteur on the promotion and protection of human rights while countering terrorism; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.

What happened?

On October 18, the Fırat News Agency (ANF) released a video clip of two PKK members allegedly exposed to chemical weapons.

The clip showed a man having a seizure and a woman showing delirious behavior. Both people eventually died because of the exposure, according to the ANF report.

Commenting on the allegations for Medya Haber TV, Korur-Fincancı had said, "I have examined the videos. Obviously, toxic gasses that directly [affect] the nervous system have been used," adding that the claims should be investigated. (SD/VK)