Rights Violations in 2018

Trans Students not accepted at the Dormitory despite their Entitlement to KYK Housing

SPoD (Social Policies, Gender  Identity and Sexual Orientation Studies Association)’s hotline has been responding to many calls from trans students, complaining about not being allowed at the dorms they are entitled to, despite being awarded accomodation at KYK dorms.

Source: “Trans Students not Accepted at the Dormitory Despite their Entitlement to KYK (Credits and Dormitories Institution) Housing” (“KYK yurtlarını kazanan trans öğrenciler yurda alınmıyor”), Aslı Alpar, KaosGL.org, November 12, 2018, http://www.kaosgl.org/sayfa.php?id=27017.

CRAIGANDKARL

Illustration: Craig and Karl

Trans students calling SPoD’s hotline are saying that they are barred from using the dorms by dorm management and ask what they can do in this situation.

KaosGL.org asked the association’s lawyer Hatice Demir about the discrimination against trans students in KYK dorms and its legal dimensions. In this interview, Lawyer Demir explains the rights that trans students have against these discriminatory practices and the consequences of the arbitrary practice at KYK dorms. Demir suggests that many of the students barred from using KYK dorms are also barred from their right to education and that even when trans students are allowed in they are being isolated.

When they call the hotline, what do the trans students say about the discrimination at the dorms?

The list of students awarded accomodation at KYK dorms was published at the beginning of the semester, yet additional placements continue. Trans students who have not completed their legal process were awarded housing by KYK dorms, but called the SPoD hotline saying that they were not allowed in and asked what legal measures they can take against this treatment. The callers reported:  ‘I’m entitled to the use of dorms, I carried out all the necessary procedures, but the management will not let me in as they can not decide if they should place me at the female or male dorm’.

So how does the dorm management respond to these students?

Trans students are generally told “It’s your problem. Nobody else is experiencing these issues. Go handle it elsewhere”. The callers also report that they are often insulted by the dorm authorities and that the dorm guard will not let them enter.

On certain occasions, dormitory staff allocate an empty room to the student, which means they live in isolation. When single occupancy rooms are given to trans students, the dorm authorities use the excuse of “security”, stating: “we don’t put you in the same room with them to protect you”. Yet, the same dorm management do not do anything  to rid discrimination against trans students in the dorms. Moreover, they consolidate discrimination with such isolation.

Isolation at the dorms remind one of the isolation witnessed in prisons, because whenever trans individuals are put in the custody of the state, the state is clueless about where to put them. This is due to the fact that the state ignore the existence of  trans people. Such an oblivious attitude corresponds to the state isolating or excluding the individuals using the excuse of “security”.

Similar conditions apply for trans inmates. The prison placement is done on the basis of the color of the ID* and the assigned gender on the ID. Therefore, in a similar vein to what happens to trans students, trans inmates too, are sent to the prisons allocated for the gender written on their IDs and yet again are isolated when the administration says “we can’t provide your safety”.

What does the student do when not allowed in the dorm?

Those who get enough financial aid from their families or from their scholarships can rent a flat or a room. Yet those without such means go back to their hometowns. This means that they are barred from exercising their right to education.

Is there a regulation which supports such discriminatory attitude?

Of course not. Higher Education Credits and Dormitories Institution Dorm Administration and Management Regulation do not state anything regarding sexual orientation and gender identity. This means that there are no legal grounds for these arbitrary discriminatory and practices, yet it also means that LGBTI+ students are ignored and that the regulation is prepared based on a binary gender regime.

What can the trans students do if they are subjected to such discrimination?

As we have no prior lawsuits filed before, we do not have exemplary verdicts. However, a lawsuit can be filed at Administrative Court. Then, if the lawsuit is not concluded at the first degree courts, I believe it can be resolved at supreme judiciary. I think that the procedures at KYK can be improved to a non-discriminatory practice through the legal appeals of trans students who have been discriminated on the basis of their gender identity and denied the rights they are entitled to.

“LGBTI+ Friendly Student Dorms” project initiated by İzmir Genç LGBTI+ Association aims to render the LGBTI+ youth’s experiences at student dorms visible.

Within the scope of the project executed in collaboration with Heinrich Böll Stiftung Association Turkey Branch, a book written by LGBTI+ students  titled “LGBTI+ Dorm Experiences” was published.

*Translator’s note: Turkish ID cards are color-coded according to biological sex. The new non-color-coded ID cards have started being issued recently, yet the older ones are still in use unless the holder changes it. In any case, the gender slot is filled in by the state based on biological sex and trans individuals have to undergo a long legal and medical bureaucratic procedure to change the identity card. 

Özgür Gür from METU LGBTI+ is Released

Özgür Gür from METU LGBTI+ Solidarity Released Today after his statement at the Chief Public Prosecutor’s Office.

Source: “Özgür Gür from METU LGBTI+ is Released”, (“ODTÜ LGBTİ+’dan Özgür Gür Serbest”), pembehayat, July 9, 2018, http://www.pembehayat.org/haberler.php?id=1833

Özgür Gür from Middle East Technical University (METU),  LGBTI+ Solidarity, as well as the head of the Council of Student Representatives (CSR) was taken from his home and detained on Sunday, July 8. He was released today, July 9, after his statement at the Chief Public Prosecutor’s Office.

Gür’s lawyer, Erkan Çiftçi, said that during Gür’s detainment at the police station he was questioned about banners put up at METU graduation ceremony which read: “We are not a group of students, but the school’s LGBTI+ people. We are here! It is our right to live safely on the streets and on campus.” Another banner read: “Verşan Kök cannot be the rector of METU.”

Çiftçi stated that Mehmet Gür also asked: “did you shout out ‘Rector Resign’ slogans?”

What had happened?

METU security guards attacked students who put up a rainbow flag and banners during the graduation ceremony.

At first the private security guards said “we’ll take the flag down”, then they threatened the students from METU LGBT+ Solidarity who put up a rainbow flag at the bleachers. The security guards attacked students when they put up banners during the rector’s speech that said, “We are not a group of students, but the school’s LGBTI+ people. We are here! It is our right to live safely on the streets and on campus” and “Verşan Kök cannot be the rector of METU.”

Three students were detained after the protests at the graduation ceremony on July 6, 2018. Özgür Gür from METU LGBTI+ Solidarity, the head of the CSR, was taken from his home today and detained.

 

Toprak: “As a trans woman and a medical student, I want to be able to easily do my job”

Toprak, a 22-year-old medical faculty student, says, “I want a world where trans people are not burned to death, but a world where they are successful.”

Source: “As a trans woman and a medical student, I want to be able to easily do my job”, (Tıp Okuyan Bir Trans Kadın Olarak Mesleğimi Rahatça Yapabilmek İstiyorum), bianet.org, July 21, 2018, http://bianet.org/biamag/toplumsal-cinsiyet/199361-tip-okuyan-bir-trans-kadin-olarak-meslegimi-rahatca-yapabilmek-istiyorum

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Toprak is a 22-year-old medical faculty student. She has two more years before she graduates. She is trying to obtain a new identity card as a woman before she graduates because she wants her diploma to belong to her and not to state a gender identity assigned to her at birth.

Toprak was born in Antep. She attained a high score in the university entrance exam and came to Istanbul five years ago to study at the Istanbul Faculty of Medicine.

Toprak needs financial support in order to have gender reassignment surgery. She started a crowdsourcing campaign to accomplish this.

When she becomes a doctor she wants to be able to proudly hang her diploma on her office wall. She is worried that she will not get appointed and be discriminated against as a civil servant because of the male gender identity marker on her ID card.

Toprak says: “I want to break down prejudices and show people what transwomen can achieve. Transgender people are studying in many different fields. As a transwoman, I want to easily be able to do my job. I need people’s support to be able to have this gender reassignment surgery. I want a world where trans people are not burned to death, but a world where they are successful.”

As a transwoman and medical student, Toprak spoke with Bianet about her university life, future plans and her gender transition process.

Could you tell us a little bit about yourself?

My name is Toprak and I am 22 years old. I am a fifth year medical student at Istanbul Faculty of Medicine. I am a transwoman.

Have you always lived in Istanbul?

No, I was born in Gaziantep. I passed the exam and got into a science-focused high school and studied there for four years before coming to Istanbul for university. I have been living in Istanbul for the past five years.

How is university life?

The first two years were quiet because I hadn’t started my transition process yet and I wasn’t out. I was identifying myself as gay back then. A year later, being openly gay, I started experiencing difficulties, mostly with my family. These did not have much of an impact on my university life. Because of their educational and cultural backgrounds, I did not actually receive any negative reactions from professors or fellow students.

I had only one traumatic transition process experience.

We read about this on social media. A professor at Istanbul University made transphobic statements. Where you in that class? Could you tell us what happened?

Yes. A professor was teaching hypogonadism and talking about pituitary glands, endocrine hormones, testosterone, and estrogen. The topic had nothing to do with transsexuality, but I got the feeling that it was going there.

The professor brought up the topic of transsexuality and said “Men without ovaries come and say, ‘I’m going to be a woman.’ These people are psychopaths. Upon receiving them, we refer them to psychiatry.”

He took out his ID card from his wallet and said, “Here’s a blue ID card. They work so hard to get a pink ID card. There were 250 students in the lecture hall. I was sitting at the back and the professor did not know I was trans. About 70-80 students busted into laughter together with the professor.

I stood up and said, “who are you calling a psychopath? I’m a transwoman.” He was surprised because he did not expect that there would be a transwoman in the lecture hall. He turned around and continued reading from his slides.

I said he needed to explain his statement in front of everybody since he had said this in front of everybody. He said “come and see me after class and I will explain this to you.”

This person is an endocrinologist, meaning he is working in an area that concerns trans people. It really baffles me why nobody ever complained about him because he is an extremely transphobic guy.

Did anybody in the lecture hall say anything?

No. So I shared what happened. I did not expect this to get around so quickly. I assumed people in the LGBT community would hear about it and that people would know about this person.

Things took a different turn when the Turkish Medical Association (TMA) began to support me.

How did the TMA support you?

I shared the incident on Twitter. Doctors from the TMA saw my tweet. They invited me to their board meeting and were very attentive. Their support came a few days after the incident. During those four days, I experienced some negativity at school.

What happened? I’m curious to know how the administration and students responded?

Medical students have a kind of a political stance…Actually, they don’t have a political stance, and they are apolitical. They put their careers first and ignore everything else. They treat people neither positively nor negatively. They are neutral. The university has a similar stance. They choose to remove themselves from the current affairs of the country.

That is why they tried to maintain neutrality, but the feminist club at the university showed great support. They wrote a piece, collected signatures from 11 other clubs and published the statement. I did not experience bullying or any kind of verbal violence. Apart from Twitter, I received a great amount of support.

How did the university administration deal with this?

Initially, they started an investigation against me.

Why did they start an investigation?

Because I had disclosed what the professor said.

Did they warn the professor?

No, they gave him no warning until the TMA stepped in. They treated the incident as if we were in elementary school. They called me in and asked, “Why did you do this? This should have stayed between us. Why did you have to tell everyone?” I felt terrible and I cried that day.

Later, my phone rang and the TMA invited me to their board meeting. Once the news reached the TMA, people in the medical community heard the professor’s transphobic statement. Then celebrities heard about it and they shared their reactions on social media. I never imagined so many people would hear about it.

How did these events impact the investigation started against you?

I found out that the investigation was dropped and that an investigation against the professor had opened instead.

I was a witness in the professor’s investigation and he also gave a statement. Honestly, it felt good to see that he was waiting at the door to explain himself.

Then they said he was penalized.

What was his penalty?

I’m not exactly sure, but they said that the professor was no longer authorized to give oral assessments for internal medicine. Internal medicine is a very important field and to give the oral assessment is considered a huge honor.

During this process, solidarity felt great. When I saw the power of solidarity, I decided to get funding for my surgery. A friend, studying architecture, said she started a campaign for herself and advised me to do the same. I decided to start a campaign because I urgently need to have my surgery.

Why is this so urgent for you?

Unfortunately, currently my ID card has the male gender marker. Surgery is a requirement to change your gender marker on your ID in Turkey.

Without having a female gender identity marker, I worry that I won’t be appointed. Over the past two years, there have been state security investigations against doctors. I worry that having a male gender identity marker on my ID card will impact my appointment. I am a fifth year medical student who will be graduating soon. That’s why I want to have my surgery before graduation.

The main problem for trans people regarding their diploma is the name written on it. It is necessary to change your name before graduating. If you change your name after you graduate, then there is no indication that the diploma belongs to you, making it almost null. I changed my name on my ID card recently. I started my transition a year ago and everything progressed quickly.

Which area do you want to specialize in?

Internal medicine or gynaecology. Fields such as psychiatry and surgery are important for LGBT people, but you need to have really good grades to be in these fields. We’ll see.

You spent this year working. What was your hospital experience like?

We spend many years studying, but after our third year we get to work and I like that we get to be in direct contact with patients and not spend much time at school.

Many of my professors and other students support me.

There is a certain perception of trans woman in society and when you do not fit that perception, they do not call you a trans woman. So far, I have not experienced any negative reactions from patients because they do not know that I am trans.

I used to shy away from patients having seen how patients’ relatives attack health workers.

The other day, one relative of a patient hit a doctor on the head with a brick. Imagine what a person might do to a trans woman…

This is why I do not disclose my trans identity to patients.

Could you tell us about what the transition process is like as both a medical student and as someone experiencing this?

You apply to psychiatry at a public hospital. In Istanbul you can apply to Çapa or Cerrahpaşa. They observe you for at least six months and first refer you to psychiatry and then to endocrinology. At endocrinology you get a hormone test and then you start taking hormones. This process takes about a year.

Social Security Insurance (SSI = public medical insurance) covers everything except hormone medications. Hormone medications cost about 150-200 TL a month. Doctors have now started to write medical reports for hormone medications. As a result, SSI covers hormone medications too.

What is the hormone therapy process like?

(For trans women) You take out testosterone from the body and take in estrogen. The hormones impact you. Your emotions change. The hormone perceived by the receptors change, in other words, the codes change.

For instance, when the lecture hall incident happened, I was feeling very vulnerable because it had been a few months that I had been taking hormones.

This continues for the first six months before your body starts adapting. I don’t feel like that anymore.

Does the surgery process start after that?

The most important thing is the surgery. At this point, transmen are luckier because mastectomy (removal of breasts) and hysterectomy (removal of the uterus) are operations covered by SSI. Because these operations include removing of a part, the procedure is the same for any doctor. But surgeries such as vaginoplasty are highly risky since they involve creating something out of nothing.

SSI does cover this operation but there are no doctors who perform the procedure under this insurance. Even if there is a doctor out there who performs the operation under this insurance, it is really difficult to trust that doctor.

Why?

 

In medical school they do not teach you anything about transgender transition processes. If the person wishes, they self educate themselves after they graduate. If that person has no training, s/he cannot do the operation.

Doctors who specialize in these surgeries must be well known in the trans community then.

Yes. Because this operation is very important, I want to go to a good doctor to have my operation. One trans woman died at an operation two years ago. She was an activist and was living in Izmir. They said she died due to a complication that had derived from her. If the doctor had made a mistake, he would have been penalized anyway.

What kinds of complications arise during an operation like this?

There are complications that are repairable and complications that are more severe. Infections and clitoris dryness are the most common complications that are repairable. One friend didn’t go to a good doctor and got infected; had the surgery again and was hospitalized for three weeks. Another friend had clitoris dryness because the nerve cells were not stitched together well; she had a second operation and was hospitalized for a month.

I do not want to go through any complications. Also, I do not want to disrupt my studies. Attendance is compulsory.

How much does gender reassignment surgery cost?

About 20-30 thousand Turkish lira(3,600-5,400 Euro).

Homophobic lecture notes in the medical faculty of Istanbul University

The lecture notes for 4th year pediatric class in the medical faculty of Istanbul University refers to homosexuality as a disorder that must be treated.

Source: Aslı Alpar, “İstanbul Üniversitesi Tıp Fakültesi’nde homofobik ders notu,” kaosGL.org, 26 March 2018, http://www.kaosgl.org/sayfa.php?id=25407

According to the lecture notes which were posted on social media by the 4th year students in medical faculty of Istanbul University, homosexuality is introduced as a “Temporarily growing tendency towards same sex interest to be carefully monitored and corrected.”

The student who spoke to KaosGL.org, stated s/he had shared these lecture notes on their social media account right away after seeing it, and that they don’t know which lecturer wrote it.

The student indicated that during their medical education they have come across similar homophobic and transphobic statements before and said: “the professor teaching endocrinology to the 4th year students also used insulting expressions to refer to transsexuals and females.”

Homosexuality is not a disease!

Psychologists, psychiatrists and other specialists for mental health have concluded that homosexuality is not a disease, a mental disorder or an emotional problem. The American Psychiatric Association (APA) took homosexuality off their list of mental and emotional disorders in 1973. In 1975, the American Psychological Association also moved to support this perspective. Both these associations warned mental health specialists to stop associating homosexuality with illness. This stance was reaffirmed by both institutions with new research. Additionally, in 1992 the World Health Organization removed the classification of homosexuality as a mental disorder from the list of International Classification of Diseases. Turkish psychiatry also uses the version with homosexuality removed as a disease.

Here, you can find the Frequently Asked Questions brochure prepared by the Kaos GL NGO for frequently asked questions about homosexuality answered by specialists and life examples.

Attack on Stand for Hacettepe Queer Studies Community

A group of people who claimed to be the police attacked the stand opened to promote Hacettepe Queer Studies Community on campus.

Source: Gözde Demirbilek, “Hacettepe Kuir Araştırmaları Topluluğu standına saldırı,” kaosGL.org, 25 April 2018, http://www.kaosgl.org/sayfa.php?id=25663

Today (25th of April) the Hacettepe Queer Studies Community opened a stand with the purpose of promoting their community. Around 10:30, the community’s stand was attacked by a group of 10-15 people.

The community quoted the attack to KaosGL.org as follows:

“The leader of the attacker group said they were the police of the campus and that our stand, which was opened with the permission of Health, Culture and Sport Directorate, wasn’t legal, as they tore down the publications brought by KaosGL and the rainbow flag. They walked over to us while taking our photos and filming us. We tried to record a video of the attack we were subjected to. The person who claimed to be a police officer told us “I will take your statements”. While this attack was taking place, the security guards came and told us that we had to stay behind our stand. Meanwhile, people around us were pointing at us.”

“Finally, an officer from the Health, Culture and Sport Directorate came and told us that we had to close down our stand. After closing the stand we separated for some time because the group of attackers broke into smaller groups and continued keeping us under surveillance.”

I experienced an attack, how can I file a complaint?

Lawyer Kerem Dikmen from Kaos GL, explains how one can file a complaint if they experienced an attack or were exposed to a hate crime:

The easiest way to use your right to complain is to approach the law enforcement officials and inform them of your complaint. In places like a village which are under Jandarma’s jurisdiction you can submit your complaint to the station of Jandarma and, in central areas, to the police station.

You have to apply to the station responsible for the area/district in which the incident took place. If your complaint is not accepted, that’s an offense committed by the law enforcement officer who rejects it. If such a situation occurs, the officer could be accused of negligence.

Another option is to apply for prosecution with a written a petition. It’s beneficial to take some precautions before going to the prosecutor’s office. First, if there is a risk for the attack to happen again because of filing a complaint, first make sure of your own safety. Second, it gets (increasingly) difficult to confirm the injuries on the body as time passes. For this reason, you have to take a medical report in which the injuries are confirmed; preferably from a state hospital and if not, from a private hospital. Third, if possible, verify the locations of any surveillance cameras that recorded you. These could be at a bank, a state building or a workplace, or the could be private cameras people place around their houses/apartment to safeguard their surroundings. Also, take notes of the names of people who were in that place and if possible, their contact information; this will be necessary when referring to witnesses in the future. Finally, if you have any text messages related to the incident on your phone, you must not erase them. You must include all these documents and information in the petition you submit to the prosecutor.

If the reason of the complaint is a threat, you should definitely inform the police station if possible, if not be sure to inform the public prosecutor. Even if this can’t save you from any further physical harm by the attacker, the possible consequences may stop the attacker from carrying out the attack.

Governorship of Adana bans the Pride March

The Adana Governorship has banned the first-to-be Pride March with the alleged justifications of “public safety”and “social sensitivity”.

Source: “Governorship of Adana bans the Pride March” (“Adana Valiliği, Onur Yürüyüşü’nü yasakladı”), kaosgl.org, July 6, 2018, http://kaosgl.org/sayfa.php?id=26222.

The Adana Governorship has banned the Pride March that was supposed to take place tomorrow [7th of June]. The first march planned by the Adana LGBTI+ Solidarity has been banned by the Adana Governorship due to the supposed threats to public safety and social sensitivity.

The governorship in the official proclamation of the ban has stated:

“…[It was determined that ] this event which is to take place in an open space will incite hatred and hostility amongst a section of the public  with different characteristics in terms of social class, race, religion, sect or region against another part of society, that this might lead to imminent peril with regards to public security, that considering the intel regarding the terrorist groups preparing to act against opposing groups, that there may be reactions and provocations against the groups and individuals taking part in the organization due to certain social sensibilities and thus is not appropriate to take place”

There will be a press release

Adana LGBTI+ Solidarity has decided to have a press release tomorrow [7th of June] at 17.00 in the Adana Human Rights Association after the ban has been issued. The press release will cover the process regarding the ban and cancellation process of the first to be pride march of Adana with the theme “ban”.

Yeni Akit has targeted the Solidarity

Meanwhile, the Yeni Akit Gazette has targeted the Adana Pride March with their article titled “Mobil Homos are after provocation.”  After the gazette’s prior attack and call for a “ban” on the Istanbul LGBTI+ Pride March, the Adana Governorship has banned the Adana Pride March.

 

2018 Istanbul LGBTI+ Pride March Press Statement

LGBTI+ activists will be reading the following press statement from 18:00 on in every corner of Taksim, Istanbul.

The 16th Pride March has been banned by the Istanbul governor’s office for the third time [sic. fourth- pride has been banned since 2015]. The governor has once again committed a crime by discriminating against a specific part of society. Ankara governor’s ban on LGBTI+ events with no end date and the obstacles towards Pride marches in the past years show these bans are not against actions but against ways of existing. The governor’s decision is part of the existent hate and is illegitimate. This is why Pride marches are important and they should take place. We LGBTI+ are here with our pride despite all vain attempts to prevent us and we do not recognize this ban.

The governor cited the excuse of security in its decision to ban the march and in one word, this is comical. Our marches went on peacefully without being banned for 13 years. These marches increased in size and created a space for us LGBTI+s who face hate because of our existence to feel safe and make our voices heard. Instead of this peaceful march, the hate crimes the state has committed and police violence have become undeniably visible.

Like every year, we are here, on these streets. Our laughter, our exclamations, our slogans still echo in these streets.

We miss the marches attended by thousands where we celebrate our visibility. We make fun of those who try to place boundaries on us by the pride of our existence and the strength of our pride.

We call on you to also make fun of those who try to place boundaries on our identities, orientations, existences, bodies, languages, desires and everything that make us us. We grow as we transcend our own boundaries and become freer. We extend our boundless, non-gendered spaces into the streets. We stand against those who try to confine us within boundaries and force us into ghettos, those who try to push us out and change our spaces: we don’t give up on Taksim.

Now, from here: From Taksim, we greet Buse who is imprisoned in Tekirdag within the state’s transphobic law. Twenty six days ago Buse said stop to the boundaries imposed on her body and started a death fast. We shout once again that the state’s bans and legal obstacles are political and will not deter us from our fight to exist.

We are here with our enthusiasm and energy to give strength to not just us but everyone who has been bound by one man’s will in this geography. We remind all of society that without us, the struggle against the one-man regime will not succeed.

We are in Taksim, we are determined to transcend boundaries, we are not going anywhere. May our 26th Pride Week be merry and happy for all of us.

Source: https://www.facebook.com/istanbulpride/photos/a.191888724272082.41018.160223430771945/1679726622154944/?type=3&theater

Trans female inmate Buse’s  “death fast” for her access to the right to health!

Trans inmate Buse started a “death fast” with the demand to have her gender transition surgery. Derya Özata of KADAV (Women’s Solidarity Foundation)  lists Buse’s demands. Buse has been in prison for 23 years and says “I don’t want to live with this body anymore. It’s not certain how long I will live or whether I will get out of prison”.

Source: “Trans female inmate Buse’s  “death fast” for her access to the right to health!” (“Trans kadın mahpus Buse, sağlık hakkına erişim için “ölüm orucunda”!) , Yıldız Tar, kaosgl.org, June 28, 2018, http://kaosgl.org/sayfa.php?id=26140.

Buse is one of the trans female inmates at Tekirdağ F Type Prison, for Men she has announced that she has started her “death fast” on June 5, through her lawyers.

Buse says that she has taken this decision due to the fact that her gender transition surgery has not been carried out. She is staying with Diren Coşkun, whose access to the right to health had been denied over the last months. Buse demands that her gender transition surgery is carried out immediately.

Derya Özata of KADAV has been following the violations against Diren Coşkun and Buse in prison and has explained what Buse has been going through, and what she demands to KaosGL.org.

23 years in prison

According to the information Özata gives, Buse was imprisoned at the age of 22. She is now 45 years old. She has been given a life sentence. She will be in prison for 20 more years. She had been in kept in isolation for many years, until Diren Coşkun was sent to Tekirdağ F Type Prison for Men.

The hospital sent a report, but…

Özata says she has been a penpal for Buse and tells [us] the recent developments in the process:

“Buse has been writing petitions to get a gender transition surgery for a long while. She has been struggling to have her surgery. We have written petitions together too. Lawyer Eren Keskin has been following the process too. Finally, Buse has written in a letter that the hospital has given her a report that ‘the gender transition surgery was imperative for her psychological well-being’ “. After this, another petition was written to the Ministry of Justice. However, Buse says that the ministry wrote to back to the prison saying ‘the surgery is imperative but not urgent’. Therefore Buse has started a death fast as of June 5, demanding her transfer to another prison and her gender transition surgery.”

(more…)

SPoD LGBTI statement after attack on office

On 26.06.2018, at around 21:30, during a volunteer meeting about training on STIs planned to take place in our office, someone knocked on our door. When our volunteers asked who it was the person behind the door replied “We know [name withheld] is in there, give them up!” Our volunteers did not open the door and told the people that there was no such person at the office and that they did not know this person, after which the people started punching the door, swearing at and threatening our volunteers. Our volunteers immediately called the police and the board members of our association.

The person behind the door insulted and threatened our volunteers saying: “I have my friends waiting downstairs, I will wait until you open up, you will come out eventually. It doesn’t matter if you call the police” and “I will catch you, all of you pimps, I will look everywhere, I know … is in there, if … comes out of there I will ruin you! I know you are keeping … in there.”

After this the attacker continued banging on the door. Meanwhile, the police arrived at the scene and started banging on the door together with the attacker. Our volunteers at the office did not open the door as they were not sure that those arriving were the police, nevertheless they asked them to take the attacker away.

At that moment, the police started shouting and asking questions outside their authority such as “What association is this! Who is there, why are you hiding?” and saying, “I will call the Directorate of Associations, aren’t you man enough to come out!”, “Are you afraid of one man?”. Our volunteer who had been communicating with the people behind the door refused to open the door saying, “Obviously you will not help us.” Despite our volunteers’ call to the police, the officers stood by the attackers who were violent and threatening. Another officer who arrived later at the scene said, “We are under state of emergency rule, we can break the door and enter!” and “Look fellas, we heard that someone is in there, I have to take the family’s complaint seriously.”

(more…)

Police brutality against trans individuals in Izmir

Last night, in Alsancak, Izmir, police officers forcefully detained 2 trans individuals after telling them “you can’t sit here”.

Source: “Police brutality against trans individuals in Izmir” (“İzmir’de translara polis şiddeti”), Gözde Demirbilek, kaosgl.org, May 9, 2018, http://kaosgl.org/sayfa.php?id=25777

In Izmir, police continue to siege the Alsancak neighbourhood.  Based on the information given by the neighbourhood residents, around 23:00 law enforcement officials took 2 trans women who were sitting in a bakery on Azra Has Street (Bornova Street) to the police station; forcefully and without justification.

After the police detained these women and took their statements, they were fined and released.

The women contacted Kerem Dikmen, a lawyer from Kaos GL and told him how law enforcement officers have been putting the neighbourhood under siege, and how the police are suffocating the trans individuals living in this area.

De facto Unlawful Detention!

Kerem Dikmen pointed out that the administrative fine has become something arbitrary; he said:

“It’s an exception when the one sentenced to pay fines detained by the police, even though this is not stipulated by the law; the sanctions that are imposed on trans women are not being carried out according to the law. There is no difference in clarity by the law between penalising a car driver’s speeding crimes and a trans individual on the street. Considering that it is not necessary to go to the police station for the fine to be issued, such implementation can turn into actual unlawful detention.”

“The area under siege is where trans individuals live and work. Living and working in the same neighbourhood is natural and therefore incidents like this happen while they are shopping from stores in their own neighbourhood. It is not lawfully applicable to sentence someone to pay fines as long as there is no indicated misdemeanour crime.”

 

“This judge’s conduct is against the law!”

On May 7th, a judge shared a petition for a gender transition lawsuit submitted to his court on his social media accounts and mocked the applicant. Pink Life Association filed a complaint to the Council of Judges and Prosecutors (HSK) about the incident.

Source: “This judge’s conduct is against the law!” (“Hakimin Bu Eylemi Suç ve İlkelere Aykırıdır!”), Pembe Hayat, May, 11, 2018, http://www.pembehayat.org/haberler.php?id=1747

On May 10th Emrah Şahin, the lawyer for Pink Life Association, filed a complaint against the judge who published a petition submitted to his court on Instagram and ridiculed the applicant. Şahin states that such conduct of the judge is not only criminal but also goes against the Bangalore Principles of Judicial Conduct, the Law for Judges and Prosecutors as well as the Principles of Ethical Conduct for Public Servants:

“Such social media posts by a judge who should be protecting the principles of equality, impartiality and integrity, not only weakens the faith of our citizens in the impartiality of the justice system but also hurts their dignity and pride. Therefore as Pink Life Association, we filed a complaint to the Council of Judges and Prosecutors about this judge regarding his actions which are not fit with the profession and dignity of of the profession.”

Şahin also suggests that the judge should be investigated and believes that public servants in the judiciary harm LGBTI+ individual’s faith in the Turkish justice system :

“The judiciary system has a crucial importance for the perpetuity of the state, it is required to treat all citizens equally. This requirement is not an ideal or a wish but a rule, warranted by international conventions, our Constitution and regulations alike.  These ugly posts shared on a personal social media account of a member of the judiciary is detrimental to the society as well as to other judges and prosecutors who are loyal to their duties.”

“If this judge is sentenced because of our complaint, it will be a step forward in ensuring that such incidents will not be repeated.”

LGBTI prisoner kept in isolation in type T prison of Erzincan stated that they have reached the level of committing suicide and asked to be transferred, in a letter they wrote

The LGBTI prisoner who has been kept in isolation stated that they have reached the level of committing suicide in a letter they wrote to the Civil Society in the Penal System Foundation (CISST) and asked for help in order to be referred to a prison where more LGBTI prisoners are being held.

Source: Cansu Pişkin, “Tecritte tutulan LGBTİ mahpus: İntiharın eşiğine geldim,” Evrensel, May 8, 2018, https://www.evrensel.net/haber/351991/tecritte-tutulan-lgbti-mahpus-intiharin-esigine-geldim

Even though they are a criminal convict, they have been kept in solitary cells for political prisoners and convicts with aggravated sentences. The LGBTI prisoner wrote in their letter:

“After I came to the type T prison of Erzincan, I stayed in the infirmary room for five days. After that, I was put in a solitary cell where political prisoners and convicts with aggravated sentences are held. I’m only given one hour of leisure time. I’m not a political or aggravated prisoner; I’m a law offender. I don’t have access to the yard, nor do I have a place to hang my washed clothes. The bathroom and the shower are in the same place. I’m washing my dishes in the toilet. I suffer from chronic asthmatic bronchitis. I’m experiencing a violation of human rights. There is no one I can talk to, no other LGBTI prisoner. I’m psychologically drained. I’ve come to the stage of committing suicide.

Refusal to accommodate an LGBTI prisoner

This LGBTI prisoner has been making a request to be transferred to another prison since last year, and all their requests have been left unanswered. They write:

“First, I was supposed to be sent to the type L prison of Balikesir, but since there was no other LGBTI prisoner there my transfer request was not approved. Later came the type L prison of Rize and the type T No. 2 closed prison of Kayseri, respectively. They did not agree to the transfer, answering that they couldn’t accommodate such LGBTI prisoners. Later, two of our LGBTI friends were transferred to No. 2 prison of Kayseri. I was told there were LGBTI prisoners in the prison of Erzincan, which means I was literally tricked.”

The LGBTI prisoner briefly talked about how unjustly they are being treated, and that they had to spend about 2.000 Liras for the transfer procedures. The prisoner indicated they suffer from chronic asthmatic bronchitis and drew attention to the severe violation of human rights that they are experiencing. The prisoner said their family is living in Aydin-Kusadasi and due to the distance and health issues they can’t come visit them; they are asking for help:

“My father has undergone a heart operation; his situation is critical. Same for my mother, they are old. I have a disabled older brother who is in Kayseri. This means that for them it’s very hard to come here. I’m feeling worse psychologically day by day. I’m crammed in a small room. I’m supposed to be kept as an inmate in good conditions for seven years. I don’t want to jeopardise my case. I want to carry out the rest of my punishment where other queers in the same situation as me are being kept. I want assistance in order to be transferred for security reasons.”

Following the prisoner’s letter, CISST (Inmates in Penitentiary System) has taken action and applied for their referral to the authorities.

 

Constitutional Court Deputy Chair’s final remarks on the verdict of a gay soldier: “It is neither the state’s business nor anyone else’s.”

The Constitutional Court’s verdict found the Martial Penal Code’s ruling of expulsion from the Armed Forces for soldiers having homosexual relations to be in compliance with the Constitution. Constitutional Court Deputy Chair Yıldırım in his disagreement to the ruling attached a comment suggesting that this does not concern anyone: “Are these people less valuable or less dignified than others due to their sexual orientations?”

Source: “Constitutional Court Deputy Chair’s final remarks on the verdict of a gay soldier: ‘It is neither the state’s business nor anyone else’s.’ “ (“AYM Başkanvekili’nden eşcinsel asker kararına şerh: Ne devleti ne de başkalarını ilgilendirir”) , Sputnik, February 20, 2018, http://tr.sputniknews.com/amp/turkiye/201802201032328510-aym-escinsel-asker-serh-/

The detailed ruling of the Constitutional Court (AYM) on the issue was published in the Official Court Gazette. According to the ruling, a public action was filed against a soldier due to his homosexual orientation, with the allegation of ‘engaging in unnatural intimacy’. The Chamber of the 1. Military Supreme Court ruled in favour of the Martial Penal Code’s rule which states: “Soldiers engaging in unnatural intimacy with someone are subject to the sentence of expulsion from Turkish Armed Forces and soldiers are to be stripped of their rank” is against the Constitution and applied to Constitutional Court for the cancellation of the law.

‘ EXPULSION FROM TURKISH ARMED FORCES DOES NOT ACCORD WITH THE SENSE OF JUSTICE’
Deputy Chair Yıldırım’s objection to the verdict, stated that it does not accord with a sense of justice to sentence soldiers who engage in ‘unnatural sexual behaviour’ with expulsion from Turkish Armed Forces, without concrete justifications of these behaviours leading to disruption of the discipline or dishonoring the dignity of the armed forces.

‘DISPROPORTIONATE INTERVENTION IN THE DEMAND FOR RESPECT FOR PRIVACY’

Yıldırım further stressed that the expulsion of someone from their profession based on their sexual activities constitutes a disproportionate intervention in their right to demand respect of privacy. The text also states that it was against the principle of equality to sentence soldiers to expulsion for engaging in actions considered ‘unnatural intimacy’. It was pointed out that people employed in security directorates, the justice system or religious services are not subject to such heavy sentences.

The constitutional Court has carried out the principal examination of the application, rejecting the demand for cancellation of the regulation in question.

‘THE CONSTITUTION CAN LIMIT THE PRIVATE LIFE ON CERTAIN CIRCUMSTANCES’

The justification of the constitutional court ruling stated that although everyone has right to demand respect for personal and family life according to the Constitution, however there can be limitations to the protection of private life in certain circumstances and that this right is not considered to be absolute.

The text also suggested that fundamental rights and liberties can only be limited by law and based on the circumstances envisioned only by the constitution without infringing on their essences, and that these limitations can not be in discordance with the principle of proportionality and prerequisites for a democratic social order.

‘ IT IS NOT ACCEPTABLE IN ALL SOCIETIES’

The ruling explained that the regulation in question prohibited ‘engagement in unnatural intimacies’. The clause ‘engaging in unnatural intimacies’ being defined as ‘demonstrating unnatural sexual behaviour’ and suggested: “Such sexual behaviours can emerge in a myriad of ways and can be different from person to person or from society to society. As indicated on the Constitutional Court’s verdict dated April 1, 2015, said behaviours are sexual behaviours which have negative impacts on the moral standards of the society and can not be considered natural in all social orders”.

‘TO PROTECT THE DIGNITY AND HONOUR OF THE PROFESSION’
Yet it was also suggested that the principal objective of the penal sanction stipulated on the Martial Penal Code is to protect and to maintain the military discipline, that the sanctions on the soldiers aims to sustain the public order and productive and active work, to establish discipline and to protect the dignity and honour of the profession.

ANNOTATION BY DEPUTY CHAIR: REFERENCE TO ECHR

Constitutional Court Deputy Chair Engin Yıldırım, did not agree with the majority’s view. The Deputy Chair referred to the European Court of Human Rights (ECHR) verdicts and recommendations as well as international conventions regarding the struggle against gender based discrimination in his opposing vote note.

‘VERDICT CONTRADICTS WITH CONTEMPORARY DEVELOPMENTS’

Yıldırım emphasized that up until recently societies considered sexual relations among same sex individuals to be unnatural sexual behaviours, defined these acts as ‘disease’ or ‘perversion’, subjecting them to penal sanctions and wrote “As the understanding of human rights and social approaches improved, this [view] started to change. The evaluation of homosexual relationships as ‘unnatural intimacies’ contradicts with the contemporary developments in human rights”.

CONCRETE EXAMPLES SHOULD BE GIVEN

Yıldırım stressed that the ECHR came to the conclusion that expulsion from the army solely based on homosexuality or homosexual relations is against the European Convention of Human Rights. Yıldırım also stated that if it is alleged that the employment of homosexuals in armed forces is a risk to military discipline and operational activity then the premises for such suggestion should be put forward with concrete examples.

‘STEREOTYPES and PREJUDICES…’

Yıldırım based his rejection on the below reflections:
“The subjection of the soldier to expulsion from the Turkish Armed Forces due to the regulation in question, is not based on professional inadequacy or a related cause but is based on the person’s behaviours or preferences related to the person’s private life. This, excluding extremely exceptional circumstances, is neither the state’s nor anyone else’s concern. In a democratic system the majority should not ignore the fundamental rights and liberties of LGBTI individuals who are deemed a sexual minority. The regulation in question ignores the dignity of the soldiers with different sexual orientation, in the name of protecting the dignity of the military profession. The regulation in question reflects the stereotypes and deep prejudices regarding the LGBTI individuals which have been calcified in social life systematically throughout the history, resulting in the reproduction of said prejudices. People are valuable solely because they are humans and human dignity is a birthright, it makes the people worthy of respect, of value and of irrevocable rights based on their humanity. Are these people less valuable, less dignified because of their sexual orientations? “

Kaos GL: Film Ban Determined to be not within the Jurisdiction of Ombudsman!

Ombudsman Institution stated that the ban against Kuirfest film screening is not “within the jurisdiction” of the institution.

Compiled from: “Film ban determined to be not within the jurisdiction of ombudsman!” (“Film yasağı Kamu Denetçiliği’nin görev alanında değilmiş!”), Kaos GL, March 19, 2018, http://kaosgl.org/yazarlar.php?id=4002

“Kuir Kısalar” (“Queer Shorts”) was a film screening, organized in collaboration of KuirFest with Pera and British Council and was scheduled to take place on November 25, 2017. The screening was first postponed to a later date with a notification sent to Pera Museum by the District Governorship. Another notice delivered to Pera Museum on December 29 stated the event was postponed until January 12. The screening was ultimately banned on the premises that “public safety” should be provided. Pink Life Association’s petition to the Ombudsman Institute regarding the ban was rejected on the grounds of “no-investigation.” Pink Life Association’s lawyer Emrah Şahin applied to Ombudsman on January 4 stating the “Kuir Kısalar” screening was banned unlawfully and that the parties were notified of the ban on the last day, which violated the legal right to appeal. Şahin stated that freedom of speech as well as “good administration principles” were violated.

District Governorship Demanded Dismissal

The defense statement of Beyoğlu District Governorship indicated that “Kuir Kısalar” might be targeted by terrorist organizations and that this situation could lead to a civil war. The District Governorship stated that it does not aim to other LGBTI+ individuals or to limit rights and liberties, instead the rejection was intended to prevent crime and to protect the public order.

The District Governorship did not state any reason for why the event was cancelled on the last day and opposes any review of this decision.

No Investigation Decision from Ombudsman Institute

Upon receiving the Beyoğlu District Governorship’s defense, Ombudsman Institute rejected the application for an inspection of the ban decision on the premises that the incident is not within the “assigned mandate” of the institution.

A “Careless and Sloppy Decision”

Lawyer Emrah Şahin stated his views on the decision of Ombudsman Institute to reject the application. Şahin reported the reasons the District Governorship has are same as the decision to ban Pride Walk. Thus, the issue has been handled in a sloppy manner. Ombudsman’s statement that the issue is “not within their jurisdiction” is self-contradictory.

Şahin said: “As you know we applied to Ombudsman Institute following the last day ban against our event which was scheduled to take place at Pera by Beyoğlu District Governorship. As the ban was issued on the day before the event, the Association was deprived of the right to appeal the decision since there was not enough time. Therefore, the association has suffered irrevocable harm and Beyoğlu District Governorship violated the “good administration principles” as well as interfered with the right to access justice, freedom of speech, the right to assembly, to art and property rights. Based on these reasons, we petitioned Ombudsman for further information and the Governorship of Istanbul based its decision on memos from Ministry of Interior and the Security Directorate which stated: “the walk planned by LGBTI members could potentially be targeted by terrorist organizations, given the increase in the threats of terrorist acts against our country.

Neither the dates or numbers of these memos were indicated. The banned event is not a ‘walk.’ Indeed, it is a film screening! The memos on which the decision is built were obviously memos written about ‘Pride Walk’, yet Ombudsman Institute found these responses to be adequate. The administration does not clarify why the ban was issued on the last day either. The Ombudsman Institution did not comment on this practice, which is blatantly against the “good administration principles.” Instead, Ombudsman determined there would be “no investigation” after first suggesting our application for review is “within the domain of legislation” only to retract by stating that it is “not within their jurisdiction”, leading our association to pursue further legal avenues.

“As a law practitioner, my confidence in Ombudsman Institute is lost after this decision. Such careless and sloppy decision making on such an important matter perhaps stems from the institute’s hesitation in making an advisory ruling on this issue.” –Pink Life

A Lesson on ‘Discrimination’ for the Constitutional Court

The Turkish Constitutional Court faces internal dissent on its verdict that banning a gay religion teacher from teaching was not discriminatory.

Source: Nurcan Gökdemir, “AYM’ye ‘ayrımcılık’ dersi”, Birgün, 8 March 2018, https://www.birgun.net/haber-detay/aym-ye-ayrimcilik-dersi-207237.html

The Constitutional Court has recently rejected the appeal of a soldier, who was expunged from the Turkish Armed Forces. The reason given by the court for the decision was that “homosexuality is detrimental to the honor of military service”. Now, the Court has ruled that there was no discrimination against a Religious Culture and Moral Values teacher, who was fired for the same reasons.

The court ruling states “It is natural for persons, who want to work educating young children, to be subjected to certain restrictions to which other people are not subjected.” Deputy Chair Engin Yıldırım and member Muharrem Topal did not support the ruling. In his statement for voting against [the ruling] Yıldırım stated that discrimination based on sexual orientation is prohibited in international agreements and stipulations, which Turkey has agreed to uphold. The statement of dissenting vote, which emphasizes the fact that the Constitutional Court’s ruling is unconstitutional, included these points as the rationale:

“The Constitution states that the State does not have an official sexual orientation and the State must be equal and impartial to all genders, sexual identities, gender identities, and sexual orientations.”

“Discrimination against sexual orientation is an acceptance of the idea that some lives are less deserving of respect and dignity, and therefore lead to hindering LGBTI+ [people’s] participation in social life with equal opportunity and dignity.”

“One of the foundational duties of the state is to protect human dignity and refrain from policies, practices, and judicial regulations that will damage the dignity of people who constitute a particular community”