A police officer in Van was expelled from his job as a result of his homosexual relationship. Telling his story to DW, the police officer, who had been working for 12 years, states that he faces discrimination and cannot find a job because of his private life.
Source: An expelled police officer: “If I can’t have a private life, what am I living for?” (İhraç edilen polis: “Özel hayatım olamayacaksa niye yaşıyorum?”) Burcu Karakaş, Deutsche Welle, March 13, 2019, https://www.dw.com/tr/ihra%C3%A7-edilen-polis-%C3%B6zel-hayat%C4%B1m-olamayacaksa-niye-ya%C5%9F%C4%B1yorum/a-47883571
The report “The Situation of LGBTI Public Sector Employees in Turkey — the Research from 2018,” which was issued by the Kaos GL Association in cooperation with Kadir Has University points out that the working conditions of LGBTI individuals (Lesbian, Gay, Bisexual, Trans, Intersex) working in the public sector has become tougher and that these people are afraid of being in the line of fire, because of the increased pressure during the period of the recent state of emergency (OHAL) in Turkey. On the other hand, LGBTI individuals who works in law enforcement live on pins and needles all the time, independent of the political environment. Due to an article in the legal code, it only takes a matter of time for them to be expelled from their jobs. Metin is one such individuals who was fired from his job because of his homosexual relationship.
“When it happened my gut told me that ‘I had lost my job.’”
Metin, whose name we changed for security reasons, was a police officer working in Van. He spent some time with a man, whom he liked, at a hotel room two years ago and had a sexual relationship with him. At the time, Metin’s sexual orientation was not known to those around him. One day he went to drink tea with his friend at the police guesthouse, when the police commissioner called Metin had to leave the location for half an hour. When he returned, he saw that his friend was about to be taken to the police station because he had panicked and claimed to be a police officer and when asked for identification his lie had been exposed.
Although Metin described him as “a friend,” when brought to the police station the man filed a complaint against Metin claiming, “Metin had forced himself on me without my consent.” In spite of the fact that the friend said later that he had given this statement because he was afraid, Metin was arrested for the crime of “a major sexual assault.” Metin remembers that day as follows:
“When it happened my gut told me that ‘I had lost my job.’ You get so sad at that moment, but more than being sad, you think ‘What am I going to do now?’ I was thinking about what to say to my superiors, more than being afraid of losing my job, I was afraid of being humiliated.”
Reason: “Unnatural intercourse with a person”
Metin’s friend didn’t know yet that Metin had been arrested because he had left Van and returned to the city where he lived. He withdrew his complaint after hearing about Metin’s arrest. Metin was released after being held for 8 days. He was suspended from his duty; however, he eventually returned to his job after a decision stating there was no need to prosecute him. Though at this time he was appointed to Zonguldak. None of his friends would talk to him while he was leaving Van.
He continued working as a police officer in Zonguldak for a year and a half. However, he was expelled for the second time on November 2017 by a decision of the High Disciplinary Board of the Security General Directorate, due to “having unnatural intercourse with a person” which is listed among the acts that cause expulsion from one’s job in the Law on the Disciplinary Provisions for General Law Enforcement Forces.
In his written defence, Metin stated that he didn’t want to be expelled from his job and he had no criminal history. He had researched and read all the decisions for the cases opened in relation to sexual orientation, especially those given by the Council of State.
The police officer who was expelled is now unemployed. He has a house in Istanbul and he is planning to sell it. He has applied to many job announcements; however, he has not received any answer from them. He is upset about the reason for the expulsion:
“I said to my superior’s face: this is my private life, there was no problem about my job. If I can’t have a private life, what am I living for? If someone else will decide what happens in my private life, what am I living for?”
“Sexual orientation is an important part of private life”
Metin filed a lawsuit at Zonguldak Administrative Court through his lawyer Fırat Söyle in order to stop the prosecution and end the expulsion. Lawyer Fırat Söyle stated that the reason used to fire his client is contrary to the rule of law. Calling attention to the decision of the Turkish Constitutional Court, Söyle said that “according to the Constitutional Court, the notion of private life protects facts such as ‘person’s sexual orientation and sexual life’ and ensures people can live their lives without being exposed to any external intervention. Whether or not a person is heterosexual or homosexual, sexual orientation is an important part of private life.”
For Söyle, the legal article “having unnatural intercourse with a person,” which was employed in this case, is contrary to Constitutional Law Article 10 that regulates equality. Drawing attention to the fact that public police officers who are homosexual are exposed to discriminatory legal action due to the stated article, Söyle stated that “This legal arrangement means that the police officers who have different sexual orientations will be extracted from the state apparatus.”
For the lawyer, who emphasises the fact that the perception of “approving” sexual relations between opposite sexes and defines homosexual relations as “unnatural,” the state is discriminating against people through this definition.
“The criminal record of Turkey is getting worse”
Mustafa Sarıyılmaz who is the general coordinator of the Social Policies, Gender Identity, and Sexual Orientation Studies Association (SPoD), which is located in Istanbul, emphasizes that discrimination based on people’s gender identities and sexual orientations is forbidden in democratic states.
“In the majority of the documents of the Council of Europe and the United Nations that Turkey is a party to, this prohibition is clearly stated,” says Sarıyılmaz, and he adds that protecting people from discrimination based on their gender identities and sexual orientations in public institutions and the private sector is one of the responsibilities of the state.
“However, we, unfortunately, see that Turkey’s criminal record, which is already not very clean, is getting worse when we look at the current implementation and the statements of the politicians.”