Discrimination & Hate Crimes

Discrimination and Hate Crimes committed against LGBTI in Turkey

In Solitary Confinement For The Past Five Years And In Prison For Twenty-Four Years Buse Is Deprived Of Her Right To Surgery

Buse Aydın has been in prison for twenty-four years, has been kept in solitary confinement for the past five years and is not allowed to undergo gender affirmation surgery.

Source: “In solitary confinement for the past five years and in prison for twenty-four years Buse is deprived of her right to surgery!”, (Son 5 yılı tecritte 24 yıldır cezaevinde olan trans mahkum Buse’nin ameliyat hakkı elinden alındı!), gorulmustur.org, February 7, 2019, http://gorulmustur.org/icerik/son-5-yili-tecritte-24-yildir-cezaevinde-olan-trans-mahkum-busenin-ameliyat-hakki-elinden

Buse Aydın is a trans prisoner sentenced to life imprisonment. She has been in prison for twenty-four years. Even though she is trans, she is kept prisoner in Tekirdağ Men’s Prison. She has been in solitary confinement for the past five years because she is trans and on the grounds that the prison cannot “ensure her safety.”

Buse has been in solitary confinement for the past five years at Tekirdağ prison deprived of all her social rights and has been in prison for twenty-four years. Buse’s friend, Diren Çoşkun, spoke with us about Buse’s condition and said that she is deprived of all social rights and is not allowed to see the other prisoners for “security” reasons.

The right to surgery not granted

Buse Aydın wrote a petition for her gender affirmation surgery 2,5 years ago to the Ministry of Justice. She received reports from the Training and Research Hospital and from the Forensic Medicine Institute stating, “gender affirmation is necessary for her mental health.” However, even though there are two reports from two different government agencies, the prosecution wrote to the Ministry of Justice questioning whether the surgery is a gender affirmation surgery, ignoring the previous decisions and sending the file back to the Forensic Medicine Institute.

Buse Aydın is not provided with the essential needs that correspond with her gender identity on the grounds that she has a blue [ie male] national identity card.

A second decision from FMI

Upon the Ministry of Justice sending the file back to FMI (Forensic Medicine Institute) and asking whether this surgery was “vital”, even though before FMI had stated that “gender affirmation surgery is necessary for Buse Aydın’s mental health”, they said, “it is not vital.”

“There are no photos of Buse”

Buse’s friend and trans woman Diren Çoşkun, who shared the same cell with Buse Aydın for some time, said that after she ended her own hunger strike, Buse too started a hunger strike for her right to surgery, but that then she had to stop. Buse Aydın has been in prison for twenty-four years and right now she is forced to stay in a single cell in a men’s prison.

Çoşkun said Buse’s only wish is to have her gender affirmation surgery and to be transferred to a women’s prison. She has been in solitary confinement for the past five years and she might be in prison for at least another fifteen years. Attorney Hatice Demir of SPOD, the LGBTI organization said: “You haven’t seen Buse. There are no photos of her in social media. You do not know her. We don’t know her voice or her laughter…We haven’t come face to face with her. This is why it is even harder to have her voice be heard, this is why her voice is not amplified…Buse only wants the court’s decision to be implemented. She wants justice! Please be her voice, please hear her…”

Buse Aydın’s friends have been using the hashtags #BuseninSesiOlalım, #BuseyeSesVer for her voice be heard.

“Homosexuality is not a crime, no one can be accused of being homosexual”

Source: “Homosexuality is not a crime, no one can be accused of being homosexual” (Aslı Alpar, “Eşcinsellik suç değil, kişi eşcinsellikle suçlanamaz”) KaosGL, 30 January 2019 http://kaosgl.org/sayfa.php?id=27480

Why has the newspaper Hürriyet published an article including discriminatory language? An article entitled “Breaking news regarding the decision in the case of the garbage truck driver who has been accused of having a homosexual relationship” is misleading and sensational.

Today, the newspaper Hürriyet has published a news item under the headline “Breaking News Regarding The Decision In The Case Of the Garbage Truck Driver Who Has Been Accused of Having A Homosexual Relationship”.

This news piece, signed by Dinçer Gökçe, announces the result of the reemployment lawsuit that the garbage truck driver R.S. filed against the Kağıthane Municipality because the Municipality fired him without paying any severance pay due to a “homosexual relationship”, which was also reported by the newspaper Hürriyet in July.

The news announces that the 34th Labour Court of İstanbul  enforced the re-employment of R.S. whom Kağıthane Municipality fired without paying any severance pay due to a “homosexual relationship”. The news was presented with a blurred picture of a garbage truck and two men standing side by side. The news does not mention that the workers the legal right-to-work was violated or that it cannot be a concern for Kağıthane Municipality if they were accused of having “homosexual relationship” out of working hours.

The newspaper first published the news relating to Kağıthane Municipality’s violation to the right of privacy and the right to work of the labourers, with the headline “the homosexual relationship of the garbage truck drivers caused trouble in the Municipality”

Lawyer Kerem Dikmen: “Since homosexuality is not a crime, no one can be accused of homosexuality”

Kaos GL Association Legal Coordinator Lawyer Kerem Dikmen assessed the Hürriyet news story for KaosGL.org. Lawyer Dikmen notes that the statement as “accused of homosexuality” which is stated at the headline of the news is wrong:

“Crime is a definition used for actions for which the Criminal Code requires enforcement. Therefore, there cannot be a case where a person is accused of homosexuality, because homosexuality which is a sexual orientation is not a crime. Of course, Hürriyet reporters know it is not a crime; however, you can clearly see the homophobic attitude here.

“Scandal” is a violation to the right of privacy and the right to work!

Is the decision really “breaking news”?

Lawyer Dikmen interprets the statement of “Breaking News Regarding The Decision” as:

“When ‘breaking news regarding the decision’ is stated, you think of a situation which is not expected, should not be expected after the court’s judgment and for this reason is shocking. If a person is fired because of his/her sexual orientation, the breaking news is the decision on not being re-employed; it is not the decision on being re-employed. The fact that a homosexual person works in a workplace and a judicial intervention prevents him/her being fired while working are clearly being pushed out of the realm of the ordinary here and it is implied that the ordinary situation is that a homosexual person does not work in a workplace or the court does not decide on reemployment after s/he is fired. Moreover, the statement as ‘a claim of homosexual relationship of 4 people’ develops the perception of homosexuality as a crime.”

Trans woman prisoner Buse is on hunger strike again

Lawyer Eren Keskin has announced via her social media account that trans woman prisoner Buse resumed her  hunger strike on January 31st.

Source: Trans Woman Prisoner Buse is on hunger strike again (Trans mahpus Buse tekrar ölüm orucunda) February 13, 2019 http://www.pembehayat.org/haberler/detay/2065/trans-mahpus-buse-tekrar-olum-orucunda

Prisoner and trans woman Buse, who was given a life sentence and is currently kept in Tekirdağ Prison, began a hunger strike in June last year because her access to  healthcare had been denied. When Buse’s lawyer Eren Keskin announced via her social media accounts that Buse began a hunger strike, she added “Trans woman Buse who is in Tekirdağ Prison has been on hunger strike for 21 days since her gender affirmation surgery is not being performed. She is asking for awareness.”

Buse, who started a hunger strike due to the fact that her gender reassignment surgery is not being performed, paused her resistance on the 38th day of her hunger strike, with support from outside the prison.

On hunger strike again
According to the social media post of Lawyer Eren Keskin via her Twitter account, trans woman prisoner Buse resumed the hunger strike on January 31st, because the Ministry of Health has prevented her access to adequate healthcare .

“I want to be set free from the prison in my body.”
Lawyer Eren Keskin, who had previously made a statement to a Pink Life Association reporter about the case process of trans woman prisoner Diren Coşkun, who undertook a hunger strike in past months in order to have her demands met, also made a statement about the process of Buse’s case. Diren Coşkun and Buse were previously in the same prison wing.

Keskin told Buse that she can file for a retrial since there were no lawyers present throughout her trial. As a response to this Buse said “I want to be set free from the prison of my body”.

23 years in prison
Derya Özata of Kadınlarla Dayanışma Vakfı (Women’s Solidarity Foundation), whom KaosGL.org contacted in relation to the infringements Buse has faced, stated that Buse has been kept in the prison for 23 years. She was given a life sentence, and has the report for the gender affirmation surgery, but the operation has yet to be performed . Özata also indicated that Buse said to the lawyer who visited  her that “I want to see my body as a woman’s body. I do not want to live in this body anymore. It is not even certain how long I will live, or whether I will ever come out of the prison.”

 

Parliamentary Question by HDP about Buse, a Trans Woman Prisoner

HDP Ankara Representative Filiz Kerestecioğlu proposed a parliamentary question about Buse, a trans woman and prisoner, who is not being referred to a hospital for her sex reassignment surgery.

Source: “Parliamentary Question by HDP about Buse, a Trans Woman Prisoner” (HDP’den trans kadın mahpus Buse için soru önergesi) February 6, 2019 http://kaosgl.org/sayfa.php?id=27537 

Filiz Kerestecioğlu, Ankara representative of the Peoples’ Democratic Party (HDP), proposed a parliamentary question concerning the obstruction of a sex reassignment surgery for Buse, who is a trans woman and prisoner, by the Ministry of Justice despite a court verdict deeming reassignment operations to be mandatory with regards to the mental health of the individual. HDP requested that Abdülhamit Gül, the Minister of Justice, respond.

“Do you think that the verdict by the Ministry which does not allow the surgery to be performed violates the prisoner’s right to healthcare?”

Kerestecioğlu posed the following questions to Minister of Justice Abdülhamit Gül:

Prisoner and trans woman Buse, who is currently serving time at Tekirdağ No. 2 F-type Men’s Prison, filed a suit approximately two and a half years ago in order to be able to undergo sex reassignment surgery. The court delivered a favorable verdict with “permission for surgery,” establishing that the operation was mandatory with regards to the mental health of the individual.

This verdict notwithstanding, the Ministry of Justice has not yet carried out her referral to a hospital and has been standing in the way of her surgery on the grounds that ‘the operation is mandatory but not urgent.’

As a trans woman, Buse is incarcerated at a men’s prison, as she has yet to have her sex reassignment surgery. For the past five  years, she has been held in solitary confinement.

She cannot benefit from access to such things as yard time and other social activities on account of the insufficient number of personnel. She is not permitted to socialize with the other prisoners on the grounds that “her safety cannot be guaranteed.”

The fact that Buse’s demand has been rejected with the explanation that “she can have the surgery once she is released” has no legal basis whatsoever, since it is clear that she will not be released from prison for at least another 15 years. This rejection also goes to show that the Ministry approves of continuing to hold her in solitary confinement as well as allowing her exposure to discriminatory practices. Buse’s only demand is to have surgeries, and to be transferred to a women’s prison afterwards.

In this regard,

  1. Do you think that the verdict reached by the Ministry not allowing the surgery to be performed violates the prisoner’s right to healthcare?
  2. What is the motive behind the Ministry’s re-request for opinion from the Institute of Forensic Sciences, despite the fact that the court has already delivered a verdict?
  3. When it comes to a surgery other than a sex reassignment surgery, is it a routine practice to re-request an opinion despite the court verdict?
  4. Do you consider it an act of discrimination when a prisoner cannot benefit from such things as yard time and other social activities on account of the insufficient number of personnel or when a prisoner is not permitted to socialize with the other prisoners on the grounds that “her safety cannot be guaranteed?”
  5. What kind of measures are being taken by the Ministry so as to prevent LGBTI+ prisoners from being exposed to discrimination?

Istanbul Medical Chamber’s “Sexual Orientation and Gender Identity” Panel

LGBTI+ rights and health were the topics of discussion in the panel, “Sexual Orientation and Gender Identity” organized by the Istanbul Medical Chamber Women’s Commission.

Source: “Istanbul Medical Chamber’s “Sexual Orientation and Gender Identity” Panel ” (İstanbul Tabip Odası’ndan “Cinsel Yönelim ve Cinsiyet Kimlikleri” paneli), kaosgl.org, January 25, 2019, http://kaosgl.org/sayfa.php?id=27446

The Panel “Sexual Orientation and Gender Identities”, the fourth in the panel series “Different Faces of Sexuality” organized by the Istanbul Medical Chamber (IMC) Women’s Commission, was held on January 17.

IMC president, Dr. Pınar Saip, moderated the panel held at IMC’s Cağaloğlu building. The panelists included psychiatrist Seven Kaptan, psychiatrist Şahika Yüksel, and Can Candan, Bosphorus University faculty member and director of the documentary ‘My Child.’

In her opening speech, Dr. Pınar Saip said that sex education is not adequately covered in medical training, and for this reason, organizing a panel like this is very important.

Myths, Facts

Dr. Seven Kaptan talked about common misconceptions held by society in her talk titled, “Myths/Facts About Sexual Orientation.” Kaptan stated that until the recent past, homosexuality was considered an illness and with the expansion in freedoms in the 20th century, perspectives have changed. Homophobia could be present in anyone and therapy involves working with internalized homophobia. She said there are doctors who have the inclination to require hormone testing from their patients, but that this has no scientific grounding. Kaptan ended her talk quoting from Yıldırım Türker: “A man can love a man, a woman can love a woman. The second sentence that you formulate will be a political one.”

Changes in Medicine

Another speaker in the panel, Dr. Şahika Yüksel talked about how the medical profession has treated trans individuals in her talk titled “Examining and Guiding Teens and Adults with Gender Dysphoria.” Yüksel shared information on transgender transition processes and the legal procedures in Turkey.

“My Child”

Can Candan, Bosphorus University faculty member and the director of the documentary “My Child” was the last speaker in the panel. Candan said that he was excited to see LISTAG (Families and Friends of LGBTI individuals) at the “Queer, Turkey, and Identity Conference” organized at Bosphorus University in 2010. He said this motivated him to make a documentary.

Candan ended his talk by mentioning LGBTI+ themed films and documentaries.

The panel ended with attendee questions and comments.

4th Mediterranean Symposium Against Homophobia, Biphobia & Transphobia

 

Source: “4th Mediterranean Symposium Against Homophobia, Biphobia & Transphobia”, (4. Homofobi, Bifobi, Transfobi Karşıtı Akdeniz Sempozyumu Nasıl Geçti), kaosgl.org, January 25, 2019, http://kaosgl.org/sayfa.php?id=27450

 

Yağmur Arıcan of Mersin’s 7 Colors Association spoke with kaosgl.org about the 4th Mediterranean Symposium Against Homophobia, Biphobia and Transphobia.

The 4th Mediterranean Symposium Against Homophobia, Biphobia and Transphobia was held on January 18-20 at the Mersin Kültürhane and the Atlıhan Hotel.

In the three-day event, mental health professionals, counselors, attorneys, labor unions and professional organizations discussed LGBTI+ rights. Yağmur Arıcan of the Mersin based 7 Colors Association spoke with kaosgl.org about the symposium events.

Arıcan said that this year they centered the symposium on mental healthcare, legal and labor rights, and organized it in collaboration with the Mersin Bar Association: “We prepared the program in collaboration with the Mersin Bar Association and throughout the planning process, we took local dynamics into consideration. On the first day of the symposium, we hosted psychologists and social workers, on the second day, attorneys and on the last day, labor unions and trade associations.”

Arıcan said that on the first day of the symposium, after Dr. Seven Kaptan’s presentation on the myths and facts about sexuality, psychologist Fahriye Cengiz of Mersin’s 7 Colors Association spoke about what needs be taken into consideration in LGBTI+ mental healthcare: “Apart from mental health professionals, families of LGBTI+ individuals also participated in this session. What emerged from these sessions was the decision to create a web for mental healthcare consultancy services. The session also helped raise the awareness of families of LGBTI+ individuals.”

“Attorney Bilgin Yeşilboğaz of the Mersin Bar Association gave the opening speech on the second day of the symposium. Yeşilboğaz talked about LGBTI+ rights. Afterwards, attorney Neşe Öztürk of the Hatay Bar Association talked about the legal procedures for transgender transition processes. Attorney Ahmet Çevik of the Antalya Bar Association talked about the legislation regarding sex work; Attorney Ezgi Özkan of the Mersin Bar Association talked about LGBTI+ client and attorney relations, and the last speaker, Attorney Hatice Karaca of the Ankara Bar Association talked about refugee LGBTI+ individuals’ access to law. After this session, attendees in Ahmet Toksöz’s workshop, split into groups of three and transformed a given case into a strategic case. This workshop was limited to only 45 attorney participants, but due to a high level of interest, we ended up having 60 participants. I think the most important outcome of this session was the decision for the bar association to create a web for legal consultancy services which has mostly been dependent on personal relations.”

Arıcan explained that the theme for the third day of the symposium was “labor”, focusing on LGBTI+ individuals’ relations with labor unions and trade associations. “The first speaker, Remzi Altunpolat of Kaos GL Association, talked about how the fight for rights could be made into a common pursuit. Özge Göncü, branch chair of Mersin Health and Social Services Labor Union (SES) talked about LGBTI+ visibility. The last speaker, Ayşe Jini Güneş of Mersin Chamber of Physicians talked about the healthcare breaches LGBTI+ individuals experience. The symposium ended with the screening of the film “Pride”.”

 

“LGBTI-friendly Municipalities Protocol” from SPoD and Genç LGBTI+

The Social Policies, Gender Identity and Sexual Orientation Studies Association (SPoD) and Young Lesbian Gay Bisexual Trans Intersex Youth Studies and Solidarity Association (Genç LGBTI+) have prepared the “LGBTI+ Friendly Municipality Protocol Text”.The text aims to remind candidates running for mayorship of their responsibilities in the realization of LGBTI+ rights prior to the local elections on March 31.

Source: “LGBTI-friendly Municipalities Protocol from SPoD and Genç LGBTI+” (“SPoD ve Genç LGBTİ+’dan “LGBTİ+ Dostu Belediyecilik Protokolü”), Marsel Tuğkan Gündoğdu, KaosGL, January 25, 2019, http://kaosgl.org/sayfa.php?id=27448 This is a summary translation of the original article.

 

The protocol text expects the mayoral candidates to remain aware of the rights violations and discrimination against the LGBTI+ residents after the election, especially during the current increase in violence and discrimination.  

The candidates are reminded to carry out necessary policies for LGBTI+ individuals’ exercise of the rights to healthcare, accomodation, employment and transportation, as well as that of access to local public services. The protocol also demands that the candidates devise LGBTI+-inclusive policies in their strategic plans and take concrete steps for the improvement and protection of the rights and liberties of LGBTI+ individuals.

With this protocol, SPoD and Genç LGBTI+ have embarked upon a wider campaign, covering the six-month period until the local elections. This campaign summarizes the need for local governments that will work towards maintaining discrimination-free urban environments, and for mayors that will tend to the needs and demands of LGBTI+ individuals who are an integral part of our cities.

You may send your suggestions, questions and opinions regarding the protocol to the following e-mail addresses: yereldelgbti@spod.org.tr yereldelgtbi@genclgbti.org