violation of the right to life

You can’t call it a reform if the Penal Code excludes the LGBTI

Source: Yıldız Tar. 2014. “LGBTİ’siz TCK Düzenlemesine Reform mu Denir?” (“You can’t call it a reform if the Penal Code excludes the LGBTI”). Kaos GL. June 6, 2014. Accessed June 6, 2014. http://kaosgl.org/sayfa.php?id=16789

 

Attorney Hülya Gülbahar evaluated the proposed changes to the Turkish Penal Code apropos sexual assault: “This is social engineering. LGBTIs are intentionally being forgotten, ignored. How can one call it a reform while excluding LGBTIs?”

The blanket bill* of changes to the sections of the Turkish Penal Code concerning sexual assault against women and children have been debated quite a bit and are still being discussed. Women’s rights organizations stated that the proposed changes will ease punishment for a number of crimes and will set free many rapists and abusers.

Flirt is becoming a crime

One of the problems under debate is the section of the proposed changes that increases prison sentences for relations between youths aged between 15 and 18. Women’s rights organizations have emphasized that this proposal “incorporates the act of flirting into the definition of a crime.”

The organizations stated that youth flirting and “underage and forced marriages” are two separate issues. “Neither the society nor the laws should be introduced to such a conceptual confusion on this issue. It is a shared responsibility for all of us to protect children from abuse; forbidding youth from expressing sexuality is a conservative policy that would produce new social rights violations.”

In the wake of the debates and the objections to the administration’s attempt at “conservatization” and “social engineering,” Attorney Hülya Gülbahar evaluated the proposal from an LGBTI perspective.

How can one call it a reform while excluding LGBTIs?”

Gülbahar, who noted that while the administration is discoursing about protecting women and children, it is actually enacting legislation in the opposite path, stated:

“Yet again, we are debating the Turkish Penal Code. The administration talks about ‘protecting’ women and children but there is no mention of crimes committed against LGBTI individuals! Yet, the Turkish Penal Code defines and regulates crimes. It is necessary for individuals to be protected from crimes while not being subjected to discriminatory practices. Yet, in this package of so-called “reformation,” there exists not a single word regarding LGBTIs. Just a few days ago,a defendant was rewarded with “provocation” and “good behavior” in the case of a trans murder. How can one call a proposed change in laws “reform”  when it does not incorporate the rights of LGBTI individuals, whose humans rights, including that of freely walking down the street, are being violated systematically?”

The same tune since 2005!

Gülbahar noted how sexual orientation and gender identity were excluded from the 2005 anti-discrimination law proposal:

“We experienced the same debate with the ruling party, the AKP, in 2005. We succeeded in adding an amendment against discrimination against LGBTI individuals to the proposed legal changes after intense struggle and extensive effort. But they removed this amendment from the final revision of that proposal… And so, not only were LGBTIs expunged from protection under the Turkish Penal Code, but also the society received a message that legitimized all forms of discrimination and violence against LGBTI individuals.”

LGBTIs are intentionally disregarded”

Gülbahar, who noted that LGBTIs are intentionally being disregarded, evaluated these practices as the product of a certain social engineering project and added:

“They are yet again effacing the topic in the package of Turkish Penal Code changes being debated in the parliament. This is because the desire is for the continuance of the ongoing discrimination and violence. Indeed, regarding sexual crimes, there exists in this proposal an open ended medicalizing emphasis of “illness” that may lead to surgical castration. With regards to theft and drug-related charges, the punishments are extremely heavy. These are the product of a social engineering project… It is also a necessity of such social engineering to maintain silence on all sorts of identity-based crimes against LGBTI individuals. An intentional forgetfulness/ disregard… A dangerous silence…”

 


Translator’s Note:

  • “Torba yasa tasarısı / değişikliği,” here translated as “blanket bill of changes,” is a type of proposed changes to laws and regulations on a range of diverse areas, rather than a specific legal issue. In Turkey, as in abroad, this political strategy is employed often when the proposed changes to law include controversial items that would not be approved by themselves or when some changes, often buried into the “bag of changes,” take away certain rights from citizens or enable governmental and/or corporate corruption, while others, often emphasized during the promotion of the “bag,” provide changes perceived to be positive.

Killing a Trans is Reason for Reduced Sentences

Source: Burcu Karakaş, “Trans Öldürmek İndirime Gerekçe,” (“Killing a Trans is Reason for Reduced Sentences,”) milliyet, 3 June 2014, http://www.milliyet.com.tr/trans-oldurmek-indirime-gerekce–gundem-1892227

Soybozkurt, a felon who murdered a trans woman in Avcılar and for whom the prosecutor asked for a sentence of life in prison was given a reduced prison term of fifteen years.

Regarding the case of B.Ü., the trans woman beaten to death in 2013 in Avcılar (Istanbul), the court issued a reduced penalty on account of unjust provocation and good behavior. As the reason for the reduced sentence, the court cited the possibility that the felon’s statement might be true. The felon had claimed in his statement that “he beat the victim in anger because she was a transvestite and she propositioned him.”

Seda (B.Ü.), the trans woman, lived in her friends’ apartment at Avcılar Meis Housing Complex, which was the site of attacks against trans residents and where the apartments of trans residents were sealed for allegedly being used for prostitution. B.Ü. died after she was found beaten on the street on 01 March 2013. Ramazan Soybozkurt, who was tried for murder, claimed that he did not intend to murder the victim, but he beat her upon getting upset by her proposition.

The verdict was issued on February 26, 2014 after the trial at the Bakırköy Fourth Criminal Court for Aggravated Crimes. The verdict cited as the reason for the reduced sentence the victim “being a transvestite.” The convicted felon Soybozkurt was given a reduced sentence due to provocation taking into account that “his statement might be true.” His sentence was reduced from life in prison to eighteen years; his prison term was further reduced to fifteen years for “good behavior.”

“They think it is entirely reasonable”

Fırat Söyle, the lawyer, reacted to the verdict by calling attention to other similar court verdicts for trans murders. He stated: “This is a verdict far from justice. The felon’s statement is not an unheard of defense. Courts find such statements as “they propositioned,” or “they propositioned for anal sex;” “I thought they were a woman” all as entirely reasonable defenses that warrant reduced sentences. If the murderers do not confess to their crimes, it is even possible that they may be acquitted.”

Çağla Joker’s Suspected Murderer Apprehended & Çağla’s Murderer Turned Out To Be a Child

Çağla Joker’s Suspected Murderer Apprehended

Source: “Çağla Joker’in Katili Yakalandı” (“The Murderer of Çağla Joker Apprehended”) Özgür Gündem, 25 April 2014. Accessed 27 April 2014. http://www.ozgur-gundem.com/?haberID=105454&haberBaslik=%C3%87a%C4%9Fla%20Joker%27in%20katili%20yakaland%C4%B1&action=haber_detay&module=nuce

The murder suspect who killed Çağla Joker and wounded Nalan has been apprehended.

Çağla Joker was gunned down and her friend Nalan was wounded in a home attack on April 21 in Daracık Street, Tarlabaşı, Beyoğlu, Istanbul. H.T., who escaped after his attack, was apprehended in Istanbul and taken to the Istanbul Police Headquarters. In his confession, H.T. said that he had gone to Joker’s home for sex and shot Joker and her friend upon learning that they were trans.

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Transphobic Hate Murder in Istanbul, Police Protect Killers

Source: Yıldız Tar, “Daracık Sokak’ta Katiller Vurdu, Polis Koruyor,”(“Transphobic Hate Murder in Istanbul, Police Protects Killers,”) kaosGL.org, 22 April 2014, http://kaosgl.org/sayfa.php?id=16395

Two trans women were assaulted in the district of Tarlabasi in Istanbul last night. While 21-year-old Cagla (Joker) lost her life, Nalan who was injured on her shoulder is receiving treatment.

Istanbul LGBTT Association protested the armed assault today. The assault took place on Daracik Street in the gentrification district of Tarlabasi, Istanbul last night.

Didem recounted the attack: “The police and ambulance staff did not even touch the dead body of our friend. We carried her.”

Istanbul LGBTT Association has condemned the transphobic armed attack and said: “We are transvestites, we are here, get used to it, we are not going anywhere.”

Didem talked about the attack to kaosGL.org and stated that other trans women nearby heard gun shots and two people ran way from the apartment. Didem said:

“I learned that they first drew a knife on Joker. That she called Nalan for help. At that moment they shot Joker in the chest. She went to the window and asked for help. In the meantime, the murderers ran away towards Istiklal Street.”

Emphasizing that the murder might have been for a robbery, Didem said “Joker was found dressed in the living room. It might have been an aggravated robbery.”

“They did not want to touch the dead body of our friend, we carried her”

Attitude of the police and health workers came as no surprise: “The police came and did not do anything; just looked around a bit. They did not even question anyone properly. And the ambulance did not want to carry our friend. We took her down from  the apartment on our own.”

What if the family rejects the funeral?

As she said that they had to carry their friend themselves, Didem was moved to tears and she adds: “They did not even close her eyes. We did. What her family will do is not known yet. If they do not accept the funeral of our friend, we will perform it but the state might not approve.”

Another assault took place a few days ago! 

Didem recalls another armed attack that took place a few days ago at the Omer Hayyam stop. She believes that assaults can be prevented through trans solidarity. Having been exposed to transphobic hate attacks herself, Didem criticizes the indifference of the police and impunity.

Following the murder, Istanbul LGBTI Association made an urgent call and gathered with photos of Joker at the street where the murder took place and repeated the slogan “We are transvestites, we are here, get used to it, we are not going anywhere.”

Reasoned Verdict in the Court Case of Roşin Çiçek: Killing Someone Because of Their Sexual Orientation is Unacceptable

Source: “Roşin Çiçek Davasında Gerekçeli Karar: Cinsel Yöneliminden Ötürü Öldürülmesi Kabul Edilemez,” (“Reasoned Verdict in the Court Case of Roşin Çiçek: Killing Someone Because of Their Sexual Orientation is Unacceptable,”) kaosGL.org, 20 Mart 2014, http://www.kaosgl.com/sayfa.php?id=16113

The court announced its reasoned verdict in the case of Roşin Çiçek, who was killed by his father and two uncles in Diyarbakir in July 2012 with the justification that he was a homosexual.

The reasoned verdict for the trial held on February 10, 2014 sentencing murderer father Metin Çiçek  to aggravated life in prison and the murderer uncles Alican Çiçek and Şeyhmus Çiçek to life in prison, states that it is unacceptable to violate the right to life on the basis of sexual orientation. Unlike many other murder cases that involve homosexual and trans people, there was no reduced sentencing for the convicted based on unjust provocation.

The verdict stated that Roşin Çiçek was subjected to mistreatment and insults by his father because of his sexual orientation and ran away from home because he was beaten. The court also drew attention to the fact that Roşin Çiçek, who had found a job in a maritime company in Mersin, was fired after his mother met with his employer.

Below are some of the headlines from the reasoned verdict of the Diyarbakir Third Criminal Court for Aggravated Crimes:

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Transphobic Hate Murder in Antep

Source: “Antep’de Homofobik Nefret Cinayeti” (“Transphobic Hate Murder in Antep”) kaosGL.org, 21 February 2014, http://kaosgl.org/sayfa.php?id=15871

Transwoman Sevda Başar was murdered by her boyfriend Ethem Orhan on Wednesday.

After the killer confessed his crime both to his family and to the military police, the military police found Sevda Başar’s dead body today. Orhan had shot his girlfriend in the chest with a hunting rifle and buried her in the vineyard he worked at.

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The Rights Violations Against LGBT People: Selected Case Analyses

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (The Rights Violations Against LGBT People: Selected Case Analyses.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf   

The Social Policies, Gender Identity and Sexual Orientation Studies Association has been working in the field of access to law and justice since it was founded two years ago. We have organized educational workshops on LGBT rights for lawyers in order to strengthen LGBT people’s methods of accessing justice. We have also given legal aid to LGBT people whose rights have been violated. Our other work includes tracking legislation, participating in the New Constitution drafting process, and pursuing selected cases.

This report includes case summaries and analyses of SPoD’s selected cases. The selection has been made according to the LGBT public’s key issues. Cases based on the frequent violations of LGBT people’s right to life, work, and housing have been chosen. Emphasis has been placed on joining cases as joint plaintiffs while working with lawyers, NGOs, and the Grand National Assembly of Turkey (TBMM) for positive results. Furthermore, the media has been lobbied for the selected cases to ensure the flow of correct and effective information to the public and to make sure that victims are not doubly victimized by the media’s homophobic/transphobic language. A legal battle has been waged against the “hate language” produced by the media in general. Therefore, we did not focus solely on the legal aspects of the cases but also on their background in order to change the biases that lead to rights violations.

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Provocation Reduction for Bishop’s Murderer

Source: Burcu Karakaş, “Rahip katiline tahrik indirimi,” (“Provocation reduction for Bishop’s murderer,”) Milliyet, 24 January 2013, http://gundem.milliyet.com.tr/rahip-katline-tahrik-indirimi/gundem/gundemdetay/24.01.2013/1659533/default.htm

Murat Altun, who was being tried for life in prison for the murder of Bishop Padovese in Iskenderun in 2010, benefited from the unjust provocation reduction and was sentenced to 15 years in prison in January 2013.

Bishop Luigi Padovese, Representative of the Catholic Church in Anatolia, was stabbed to death in his home on 3 June 2010 in the Iskenderun region of Hatay. His murderer Murat Altun was tried for life in prison but received only 15 years jail time. The Iskenderun Second High Criminal Court agreed with the prosecutor’s reasoning that “the defendant’s claim that there was a demand for sexual intercourse must be considered given the principle that the suspect benefits from doubt even though the deceased cannot prove otherwise.” Based on this reasoning the court ruled on the “unjust provocation reduction” for the defendant.

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The Hearing on the Attacks on Trans People’s Right to Housing Postponed

Source: Kaos GL, “Transların Barınma Hakkına Saldırı Davasında Erteleme,” (“The Case on the Attacks on Trans People’s Right to Housing Postponed,”) 18 December 2013, http://kaosgl.org/sayfa.php?id=15429

The lawsuit filed for the attacks on trans people’s right to life and right to housing in Avcılar’s Meis Compound was postponed until 21 April 2014. Though there is no decision of confidentiality on the file, the judge forced LGBTI activists and the media to leave the courtroom.

In the last days of September 2013, Meis residents verbally and physically assaulted trans residents because of their gender identity and organized walks with torches. Kanaltürk’s “Neşter” (“Scalpel”) TV program aided the hate group.

Lawyer Rozerin Kip, representing the assaulted trans women, stated that 9 homes of trans women were sealed with the allegation of prostitution. The suspects in the Meis case are residents in the Meis and surrounding compounds.

More on the case: Avcılar-Meis Housing Complex: Violation of the Right to Housing

All Three Defendants Acquitted in Trans Murder

Source: “Trans cinayetinde 3 sanık da beraat etti,” (“All three defendants acquitted in trans murder,”) DHA, 13 December 2013, http://www.evrensel.net/haber/74020/trans-cinayetinde-3-sanik-da-beraat-etti.html

The three defendants who were being tried, without arrest, for the murder of trans individual Ece Pulat were acquitted due to a lack of evidence. Ece Pulat was found in İzmir’s Aliağa district having been decapitated and left on vacant land in March 2011.

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SPoD’s Status as Joint Plaintiff in the Case of Roşin Çiçek is Removed Without Reason!

Source: Ömer Akpınar, “Roşin Çiçek davasında SPoD’un müdahilliğine gerekçesiz ret!,” (“SPoD’s status as joint plaintiff in the case of Roşin Çiçek removed without reason!,”) Kaos GL, 05 December 2013,  http://kaosgl.org/sayfa.php?id=15332

In the 8th hearing of the Roşin Çiçek case who was murdered because of his sexual orientation in the southeastern city of Diyarbakır, justice was not granted once again. The new court board removed SPoD’s (the Social Policies, Gender Identity and Sexual Orientation Studies Association) status as a joint plaintiff and the next hearing was postponed until February 10. The arrest warrant for the accused two uncles and the father is still in place.

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The Rights Violations Against LGBT People: Selected Case Analyses

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (The Rights Violations Against LGBT People: Selected Case Analyses.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf   

The Social Policies, Gender Identity and Sexual Orientation Studies Association has been working in the field of access to law and justice since it was founded two years ago. We have organized educational workshops on LGBT rights for lawyers in order to strengthen LGBT people’s methods of accessing justice. We have also given legal aid to LGBT people whose rights have been violated. Our other work includes tracking legislation, participating in the New Constitution drafting process, and pursuing selected cases.

This report includes case summaries and analyses of SPoD’s selected cases. The selection has been made according to the LGBT public’s key issues. Cases based on the frequent violations of LGBT people’s right to life, work, and housing have been chosen. Emphasis has been placed on joining cases as joint plaintiffs while working with lawyers, NGOs, and the Grand National Assembly of Turkey (TBMM) for positive results. Furthermore, the media has been lobbied for the selected cases to ensure the flow of correct and effective information to the public and to make sure that victims are not doubly victimized by the media’s homophobic/transphobic language. A legal battle has been waged against the “hate language” produced by the media in general. Therefore, we did not focus solely on the legal aspects of the cases but also on their background in order to change the biases that lead to rights violations.

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The Case of Roşin Çiçek: Violation of the Right to Life

Since the publication of this report, the 13th hearing of the case was completed on 15 August 2013 with no progress on the prosecutor’s renewal of the meritorious demands. The next hearing will be on 5 December 2013. Roşin Çiçek was 17 when he was killed. 

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (LGBT Rights Violations: Analysis of Cases.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf

Subject of Investigation

The procedures of investigation and prosecution and whether these procedures have been conducted according to the law and justice. (The prosecution has not been completed yet. The file will be analyzed again after the procedures of the local court and the Supreme Court of Appeals.)

Scope of Investigation

Diyarbakır Third Criminal Court for Aggravated Crimes File 2012/495.

Procedures of Investigation

Roşin ÇİÇEK was found wounded following a tip-off on 02.07.2012 at the corner of the Diyarbakır Research and Education Hospital on the road to Elazığ and passed away on 04.07.2012 in the Dicle University Hospital. The autopsy report, requested by the Prosecutor’s Office, revealed that Roşin Çiçek died due to being wounded by a firearm and the bullet’s entry point on the victim’s head revealed that the firearm administered a contact shot.

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The Case of Baki Koşar: Violation of the Right to Life

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (LGBT Rights Violations: Analysis of Cases.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf

Subject of Investigation
The procedures of the investigation and prosecution and whether these procedures have been conducted according to law and justice.

Scope of Investigation
Istanbul Sixth Higher Criminal Court for Aggravated Crimes File 2006/172 E, 2007/26 K.

Procedures of Investigation
Baki Koşar was found dead on 24.02.2006 in his house at Şişli Bozkurt Mah. Eşref Efendi Sok. No: 84/1.

Proceedings regarding suspect Serhat Süs:

Serhat Süs was taken into custody as a murder suspect on 25.02.2006 after his fingerprints were discovered at the crime scene. The same day, his time in custody was extended by 1 day on the orders of the Şişli Public Prosecutor.

The same day, the Şişli Second Criminal Court of Peace ruled to take blood samples from the suspect for criminal investigation. Again on the same day, the Şişli Second Criminal Court of Peace allowed a search of the suspect’s house.
On 25.02.2006, Serhat Süs’s friend Atilla Uslu gave a statement to the Şişli Public Order Department. In this statement, there was no information that would indicate that the suspect Serhat Süs was prone to violence.

The suspect Serhat Süs used his right to remain silent during his statement to the Şişli Public Order Department on 26.02.2006.

When the suspect Serhat Süs gave his statement to the Şişli Public Prosecutor on 27.02.2006, he admitted to living with the victim but denied the murder allegation. The Şişli Public Prosecutor sent Serhat Süs to the Court with the request for his arrest on the same day.

On 27.02.2006, the Şişli First Criminal Court of Peace interrogated Serhat Süs and the suspect denied the allegations. The Court ordered his arrest. On

07.03.2006 the Şişli Twelfth Criminal Court of First Instance rejected Serhat Süs’s lawyer’s objection to the arrest.

On 27.03.2006, upon the one-month completion of suspect Serhat Süs’s detention and the review of the arrest, the Şişli First Criminal Court of Peace decided that the arrest would continue.

The other suspect, Serhat Bağlan, admitted to the crime on 31.03.2006 at the Public Order Department- Homicide Department and Serhat Süs was released on 01.04.2006 by the Şişli Criminal Court Judge on Duty.

The “Expert Report” submitted by the Criminal Police Laboratory of the General Directorship of Security on 05.04.2006 states that there was no blood trace on the seized belongings of Serhat Süs.

The Şişli Public Prosecutor issued a “Decision of non-prosecution” on 18.06.2006 for Serhat Süs and Serhat Bağlan’s friend Emrah Arslan.

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The Case of Ahmet Öztürk: Violation of the Right to Life

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (LGBT Rights Violations: Analysis of Cases.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf

Subject of Investigation

The procedures of investigation and prosecution and whether these procedures have been conducted according to the rule of law and the tenets of justice.

Scope of Investigation

Istanbul First Higher Court of Aggravated Crimes File No: 2010/368 and Decision File No: 2010/285.

Procedures of Investigation

Ahmet Öztürk was killed on 08.08.2010 at the residential address of Gülbağ Mahallesi, Yağmur Sokak No: 5 D: 9. Ahmet Öztürk was killed at the scene by being stabbed: 3 times on the lower right side of his chest, 1 time on the lower left side of his chest, 1 time in his throat, 1 time in the back of his neck, 1 time in the chest.

The suspects were caught due to an anonymous tip on the following day.

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