Anjali Sharma
GG News Bureau
UNITED NATIONS, 9th Nov. Independent human rights experts on Tuesday called Türkiye to stop using counter-terrorism legislation to intimidate human rights defenders and to immediately release Sebnem Korur Fincancı, a senior medic and anti-torture expert.
The experts issued a statement said “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.”
According to experts, on 26 October, Ms. Fincancı, who helped develop UN reference standards on the investigation and documentation of torture cases, known as the Istanbul Protocol, was arrested at her home on unclear grounds.
They said that her detainment is believed to be in retaliation for her publicly calling for investigations into the alleged use of chemical weapons and associated deaths involving the Turkish military.
UN experts stated “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
According to Special Rapporteurs these types of attacks aim to shrink safe civic space, undermine the rule of law, and encroach upon fundamental freedoms and democratic values,
The experts underscored that “Human rights defenders and medical practitioners’ ability to speak truth to power must be protected”.
They stressed that exposing human rights violations is “one of the cornerstones of democratic societies”, and that exercising rights of freedom of expression and association, are “protected rights under international human rights law”.
UN rights experts reiterated that “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”.
Special Rapporteurs urged the Turkish authorities to “immediately and unconditionally” release Ms. Fincancı as well as other civil society actors detained for politically motivated purposes, in a statement issued today.
They advocated for access to fundamental safeguards and the protection of defenders mental and physical integrity – both in and outside of detention.
Türkiye has been a party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment since 1988.
The States parties after ratifying are obliged take all measures to prevent torture and similar ill-treatment or punishment, and to investigate and prosecute related crimes.
The experts noted that 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 ratified the International Covenant on Civil and Political Rights, which prohibits arbitrary arrest or detention in 2003.
UN experts have expressed their views with the Government of Türkiye and requested the authorities to immediately take interim measures to protect the mental and physical integrity of Dr. Fincancı and to end the judicial harassment of those who defend the rights of others.
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