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19 September 2011

Turkish Human Rights Foundation President Fincanı and Gerçek Gündem website executive Yarkadaş were acquitted of charges of insult. They were sued by Prof. Birgen, Chair of the Institute for Forensic Medicine 3rd Specialization Chamber.

The President of the Turkish Human Rights Foundation (TİHV), Prof Şebnem Korur Fincancı, and journalist Barış Yarkadaş, administrator of the Gerçek Gündem (’Real Agenda’) news site, were acquitted in the case filed by Prof. Nur Birgen, Chair of the Institute for Forensic Medicine 3rd Specialization Chamber.

The Kadıköy (Istanbul) 2^nd Criminal Court of First Instance acquitted both defendants of charges of insult at the final hearing on 15 September. The charges stemmed from an interview Yarkadaş held with Fincancı published on the Gerçek Gündem news site on 22 July 2009. The defendants stood accused of "insult of a public person via the media" according to Articles 125/1-2-4 of the Turkish Criminal Court (TCK). Fincancı and Yarkadaş were each facing imprisonment of up to 2.5 years.

Before the trial was filed in 2009, Birgen came under criticism for her medical reports. In one of her reports she suggested to release detained Ergenekon defendants from detention. In another report she spoke out negatively about detainees in F-type prisons suffering from the Wernicke Korskoff syndrome.

In 1995, Birgen prepared a report about 7 people that had been tortured, stating the lack of evidence for torture. As a consequence the Medical Chamber suspended her from office. Later on this penalty was void because her status as a "public official" was applied at court. Instead, Birgen was appointed head of the 3^rd Specialization Board.

In reports prepared by Human Rights Watch (HRW), Amnesty International (AI) and the United Nations Organization (UN), Birgen was referred to as "a bad example of a physician regarding torture".

Birgen became head of a project for educating judges and prosecutors on torture. The Turkish Medical Association, the Association of Forensic Medicine Specialists and the Turkey Human Rights Foundation withdrew from this project.

Birgen also signed a report that attested "loss of memory" for former Special Operations Manager İbrahim Şahin, Susurluk convict and Ergenekon trial defendant. (NV/VK)

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