Osman was fired from his job as a police officer, filed a claim against it, and won the case. However, the Council of State overturned this decision after he had worked as a police officer for 3 another years. “I took the exam with the people whom I had been drafted together at the same time; then I won the exam, met the requirements for the state of health, and became a police officer in this country. I don’t ask for a favour, I want my right.” said the police officer. Osman is bound and determined to fight in order to resume his job.
Source: Second expulsion for police officer Osman: It hurts… (Polis Osman’a ikinci ihraç: İnsanı yaralıyor…) Çiçek Tahaoğlu, Gazete Duvar, February 20, 2019, https://www.gazeteduvar.com.tr/turkiye/2019/02/20/polis-osmana-ikinci-ihrac-insani-yaraliyor/
DUVAR – Osman, whose real name is hidden by us upon his request, is one of the police officers who were expelled from their jobs due to homosexuality in Turkey. Years ago, his sexual orientation was found out as a result of unlawful wiretaps and he was referred to a disciplinary committee after being interrogated at midnight under insults and cuss words. Then, he was expelled from his job by the Ministry of Interior in 2013 due to his sexual orientation, after being told that “he had committed a disgraceful offence.”
Police officer Osman who did not accept the definition of this offence, filed a lawsuit at the Administrative Court in order to stop the execution of the decision regarding the expulsion and won the case. He was working as a police officer for the last 3 years; however, the Council of State reversed the district court’s decision by referring to the Article of the Law on Public Officers “doing something ungraceful and shameful at a degree which cannot be proper while holding a public officer title (Article 125/E-g of the Law no.657)”. At the decision of the Council of State, it was also stated that the previous statement of police officer Osman “has the characteristics of a sincere confession” and his behavior is not proper for a public officer.
BY THE DECREE LAW NO.682, HOMOSEXUALITY IS BANNED FOR SECURITY, GENDARMERIE, AND COAST GUARD OFFICERS
Lawyer Fırat Söyle, who commented on the decision, highlighted that there is not a clear nor implicit statement referring to homosexuality in the Law on Public Officers and said that “despite the fact that offences as stealing, bribery etc are disgraceful offences, the administrators are trying to define homosexuality as a part of this category and work accordingly.”
Stating that police officer Osman had been expelled before the state of emergency after the July 15th coup attempt and the legal procedure had been conducted according to the Law on Police Officers. Osman’s lawyer, Söyle said that as a result of the Decree-Law no.682 which was published in January 2017, a “homosexuality ban” was put on all Security, Gendarmerie, and Coastguard Officers. As a consequence Söyle made a claim to cancel this ban: “Until now, only the Military Penal Code has had a statement as ‘unnatural intercourse with a person’, but this statement has been expanded by including all the Security, Gendarmerie, and Coastguard personnel. After this Decree-Law became a Law, homosexuality was put into a definition as ‘unnatural situation’. Now, homosexual people are punished and dismissed from their jobs, and the personnel who are expelled from Security General Directorate, Gendarmerie General Command, or Coast Guard Command are not employed at other state institutions / establishments. We made a claim to the Constitutional Court on the grounds that this Article (8/6-cc of Law no.7068) is contrary to Articles 2, 10, 13, and 20 of the Constitution and Articles 8 and 14 of the European Convention on Human Rights.”
Now, Osman started the legal struggle in order to resume his job for the second time. With his lawyers, he requested the revision of the decision from the Council of State. The decision will be made within the coming days. When we met for this interview, Osman said that “I am announcing to the public the cruelty that I have faced, the rest depends on the opinion of the people.” After indicating that his performance grades are high, he has a report stating “there is no inconvenience for him to work as a police officer”, and those who started the disciplinary proceeding about him and decided his expulsion in 2013 are under arrest now due to accusations as being involved in FETÖ (Fetullahçı Terör Örgütü – Fetullahist Terrorist Organisation), he added “Why cannot the people who love their country and nation work at the public institutions just because of their sexual orientations? I hope they will correct their mistake soon and allow me to resume my job which I love a lot.”
Now, let’s hear Osman’s words.
When and how did you hear that you were expelled?
A couple of months ago, I went to my job. We have a system called the Personnel Information System. I entered into this system, saw that I was expelled from my job as a result of a court decision, and was devastated.
Can you tell us about the job you had after winning the first reemployment case?
I was working with a team in the field. You know, we get police announcements, go to the location, solve the problem of citizens, and continue our duty again. I was working in İstanbul. I had a really nice work environment. I was getting along with my co-workers. I was the team leader.
Did the other officers at the police station know that you were reemployed after being expelled?
They knew it, but they didn’t know the reason for the expulsion. They were saying with puzzled eyes that “how come this could happen to a person like you?” Then, I mean, a couple of months ago, my co-workers called me when I was expelled again and they told me that “We are always here for you. You are always our team leader. We live in the 2000s and it is so cruel that a person is expelled because of a reason like this.”
So, they heard about the reason for the expulsion this time, didn’t they?
Yes, they heard the reason, as well. Someone told them at the police station.
You hid your sexual orientation at the police station where you started working after being expelled the first time. When you were expelled for the second time, it led you to come out to your co-workers, didn’t it?
Yes. After hearing the decision, they called and told me that they wanted to gather some money from among themselves and send it to me, and they wanted to meet with me. They did their best for me, to make me feel that I am not alone. I still meet with them, all of them are waiting for a positive decision to be given and for me to continue working with them. Moreover, a friend of mine told me that “I just got married. If my child in the future is a homosexual and wants to be a soldier or police officer, they cannot work in these jobs, can they?”
It seems the things you have faced have changed the police officers at the police station you worked.
Yes. I mean, the world has changed now, so we need to keep up with the changes. They see us as immoral people. Whose morals are these, what are they?
How does sexual orientation affect the job as a police officer?
It doesn’t affect it. Let me explain it like this: We are given performance grades annually at the end of each year. During the three years that I worked after gaining my right to be re-employed, the grades that I received was “excellent” which is the highest. You can see from this whether or not I let my sexual orientation be involved in my job. Actually, there is nothing to be involved, we are not from the outer space. We are the people of this country, too; we love our homeland and the people of our country. I wore that uniform with pride and I will again. I will win this case, too.
When we met 5 years and a half ago, when you were expelled the first time, you were so determined and won the case. What did you do till the time the re-employment decision was made? How did you pay your living expenses?
I worked. I found some jobs in the private sector. I stood on my own feet. There is always bread for a person who works. Each of us has just one stomach to fill.
You seem to love your job a lot. Have you always wanted to be a police officer?
I like helping people. I have always been a solution-oriented person. Who asks for help from a police officer? People who have trouble. I have been working as a police officer since I was 20. To me, the importance of solving a person’s problem and seeing the happiness on their face cannot be compared with anything.
How does being expelled from a job you work with passion feel like?
I can’t accept it, sometimes I can’t sleep because I am thinking about it. Because I’m in a situation that cannot really be accepted. The state makes me othered. I wish there was a machine which could compare my devotion to our country and my work ethic with those of the people who made this decision about me. Am I clear?
But you cannot work at the job you love because of a discriminatory law which bans homosexual people.
Yes, I have been exposed to discrimination, I have been unjustly treated, but I was on the streets during the night of the 15th of July for my country. If it were today, I would do the same. There was a coup attempt. I went out to protect our country and republic on that night, as every citizen should do.
Were you working as a police officer during it?
Yes. We received a message from the communication office, saying “go to the units you are located”. And I went to the closest police station, then I came to Vatan. We had a one-on-one fight that night. Why can’t people who love their homeland and nation in this country work in public institutions just because of their sexual orientation? Recently we see in the news cases of bribery, rape in a police car, police officers who cooperate with drug dealers. I didn’t do any of this. I just acted with my human feelings, I liked a person and I was judged because of it. President Erdoğan said yesterday that all citizens live their rights and freedoms in the broadest sense and that no one has the authority to intervene.
Now, you are fighting against the expulsion from the job the second time. How does it feel?
It hurts because I love my job a lot. I am always ready to die for this country. I do not have another homeland to go. I took the exam with the people whom I had been drafted together at the same time; then I passed the exam, met the requirements for the state of health, and became a police officer in this country. However, I face discrimination now, despite the principle of equality at the Constitution. If there was a situation preventing me from being able to work as a police officer, then I would say OK. But I went to Bakirköy Psychiatric Hospital twice and I got the report stating “there is no inconvenience for him to work as a police officer” on both times. I have excellent performance grades, but you see the decision of the court. I am tired of being a victim from this sort of thing. Can they destroy me? No, they cannot, I am a strong guy.
The Osman I met 5 years ago was different. Now, I see a self-confident, fighter, resistant Osman. Do you feel the same?
If the things you face make you stronger, that means you are on the right path. One of the reasons for this interview is that: Yes, we are a couple of people; however, there is a quote from His Holiness Umar “if there is nothing you can do against cruelty, announce it to the people.” I made it my priority. I am announcing to the public the cruelty that I have faced, the rest depends on the opinion of the people. I hope they will correct their mistake soon and allow me to resume my job which I love a lot. Actually, this is not asking a favour, I will not die until I get my right back.
During the first time you were expelled, you didn’t have any relation with activism nor the civil society. But in the meanwhile you met with LGBTI organisations. Can we say that this period made you an activist?
Yes, I realized the importance of organisations. Two heads are better than one. Maybe it seems like I am fighting alone, but there are lots of activist people who support me.
Before 2013, I mean, before the first expulsion, did you as a police officer have any prejudice against activists?
Police officers and activist people generally stand on opposite sides. But you stand at some kind of junction. It is correct, if you are a police officer, you have to obey the orders when a superior gives them, as long as these orders comply with the laws.
Orders may not always comply with the laws. I couldn’t go on without saying this when I find a police officer who answers my questions.
Then, you ask for a written order and fulfil the duty. No unlawful order can be given. If so, it is not fulfilled.
Regarding the topic, we can understand from their glances and body languages that police officers dislike or even hate activists and journalists.
Yes, because we have become polarised.
The thing that I am trying to understand here is that, did your thoughts about civil society and social movements change during your fight after the expulsion?
They definitely changed. I look at the case now as a human being. Nationality, gender, sexual orientation, etc are not really important. A person is a human being. Now, I don’t have any relation with politics, I stand apolitical.