Law & Politics

Judicial and political environment in Turkey on LGBTI issues

KaosGL: “Sedef Çakmak: The rainbow flag at the March for Justice gives us hope”

The leader of the main opposition party CHP in Turkey led a 25-day, 450 km “March for Justice” from the country’s capital to Istanbul to protest the imprisonment of a party lawmaker. The march, joined by tens of thousands, soon grew to a wider anti-government protest demanding justice. The CHP Beşiktaş Municipality Alderwoman Sedef Çakmak, the first lesbian to be elected in Turkey, evaluated the March for Justice from the perspective of the LGBTI Movement for KaosGL.Org.

Source: Aslı Alpar, “Sedef Çakmak: Adalet Yürüyüşü’ndeki gökkuşağı bayrağı umut veriyor,” KaosGL, July 10, 2017 http://www.kaosgl.org/sayfa.php?id=24168

The March for Justice led by CHP Chair Kemal Kılıçdaroğlu set off on June 15 from Ankara Güvenpark and finished with the Justice Meeting on July 9 in Istanbul. CHP Beşiktaş Municipality Alderwoman Sedef Çakmak evaluated the 24-day long Justice March from the perspective of the LGBTI movement for KaosGL.org. Çakmak suggests that both the march and the increasing role of LGBTIs in policy-making within CHP is promising.

“LGBTI+s have been struggling for justice for years”

The March for Justice, led by CHP Chair Kemal Kılıçdaroğlu brought together people from all walks of life, who believe in the rule of law and who believe that the independence of the judiciary is threatened.

The demands articulated by Kılıçdaroğlu during the rally yesterday show that the search for justice is also a search for democracy. This, in turn, reflects the effort to bring together the masses which it is believed can never stand together. Yet democracy is an issue which cannot be left to the hands of the politicians. At this critical point in this country, all of us need to do our share for democracy and liberties. The best case in hand is perhaps LGBTI+s present in every sector of society. They have been continuing this struggle merely with their existence for years.

Since 2009, thanks to the selfless work of the LGBTI+ movement and the individual efforts of some of the MPs, the LGBTI+ individuals’ search for justice and equality has come to be voiced more and more within the CHP. Our candidacy for city council for CHP during 2014 local elections and afterwards our work in municipalities quickly led to awareness within the party. As such, the LGBTI+ movement emerged as a political actor during the 2015 general elections.

“There were people carrying the rainbow flag on their bags at the March for Justice against the government’s hunt for rainbows after banning Istiklal Avenue for Pride Walk”

The CHP’s increasing advocacy against the discrimination, pressure and inequality LGBTI+ individuals are subjected to is of course promising, but this can not be a one way relationship. As citizens, we need to be more present in the political parties as well as to continue articulating our rights. There were people carrying the rainbow flag on their bags and waving their rainbow umbrellas freely at the Justice March against the government’s hunt for rainbows after banning İstiklal for Pride Walk.

“It gives me hope that the CHP gives more place to LGBTI+ individuals”

Surely there are criticisms and prejudices against CHP, but the criticism should not overshadow the fact that there are many who labor to bring the party to a more inclusive position. In that regard, millions who come together with the demand for justice which already surpassed the CHP as well as the CHP giving more place to LGBTI+ individiuals as a social democratic opposition party give me hope. And I believe that now we need hope more than ever.

Istanbul governor’s office press statement banning Trans Pride

Source: T.C. Istanbul Valiliği, “Basın Duyurusu,” 1 July 2017, http://istanbul.gov.tr/tr/guncel/haberler/basin-duyurusu–01-07-2017

It has been understood that a call for a march called the “8th Trans Pride March” is being made by some media organizations, internet sites and marginal groups on social media for 17:00 Sunday, 2 July 2017 in Taksim Square.

Taksim Square and its vicinity where the march is being called for is not listed among meeting and demonstration areas as declared by our governorship. Furthermore, an application that’s methodologically appropriate based on the articles of Law No: 2911 has not been submitted to our governorship. Additionally, it’s also seen that there are very serious reactions against this call by different segments of society on social media platforms.

According to the conclusion of our governorship’s evaluation, the aforementioned march’s organization will not be allowed for the safety of our citizens, first and foremost the participants, and tourists who are visiting the area, and in regards to public order.

It is important that our valuable Istanbul residents do not heed to such calls and help our security forces by observing their calls and warnings.

We announce to the public with respect.

 

 

Istanbul governor’s office press statement banning 2017 Istanbul LGBTI+ Pride

Source: T.C. Istanbul Valiliği, “Basın Duyurusu,” 24 June 2017, http://istanbul.gov.tr/tr/guncel/haberler/basin-duyurusu-24-06-2017

It has been understood that a call for a march called “Pride March” is being made by LGBTI members on some media organizations, internet sites and social media for 17:00 Sunday, 25 June 2017 in our province’s Beyoglu district’s Taksim Square.

Taksim Square and its vicinity where the march is being called for is not listed among meeting and demonstration areas as declared by our governorship. Furthermore, an application that’s methodologically appropriate based on the articles of Law No: 2911 has not been submitted to our governorship. Additionally, it’s also seen that there are very serious reactions against this call by different segments of society on social media platforms.

According to the conclusion of our governorship’s evaluation, the march that is being organized will not be allowed for the safety of our citizens, first and foremost the participants, and tourists who are in the area on tour, and in regards to public order, a meeting and demonstration march will not be allowed on the mentioned day, before or after.

It is important that our valuable Istanbul residents do not heed to such calls and help our security forces by observing their calls and warnings.

We announce to the public with respect.

Kemal Ordek on Bianet: “I’ve been trying to prove that I was raped for 2 years and 7 court hearings”

Kemal Ordek on rape, law and activism nearly two years after being assaulted in their home. The interview with Bianet was published a day before the court ruled on the case of sexual assault. Ordek claimed that one of the assailants in the attack on their home had also raped them. On May 24, the court ruled that there was no sexual assault. All three defendants were sentenced to 7 years and 6 months in prison for attempting to plunder.

Source: Çicek Tahaoglu, “Tam 2 Senedir, 7 Duruşmadır Tecavüze Uğradığımı Kanıtlamaya Çalışıyorum,” bianet, 23 May 2017, http://m.bianet.org/bianet/lgbti/186721-tam-2-senedir-7-durusmadir-tecavuze-ugradigimi-kanitlamaya-calisiyorum

The final verdict will be given on the president of Red Umbrella Association, Kemal Ordek’s case, on May 24.

510

Kemal Ordek, a sex worker, a defender of sex workers’ rights for many years, was attacked at home by three people in 2015. One of the attackers seized Ordek’s mobile phone, also sexually abused them. Then they took Ordek to an ATM to take money from his account. Ordek saw a police patrol car at that moment, and managed to escape from the attackers.

Three days later, when we talked to Ordek, they were explaining in fear and anger how the attackers threatened him at the police station by saying, “We know where you live, we will be released anyway, think about it,” and what kind of dialogues were between police officers and attackers, “Don’t waste us for this poof, we understand each other right, my brother?”

That night, the attackers were released. They continued to disturb Ordek via phone for a while. And a nonsuit motion was granted for police officers who tried to argue Ordek out of their criminal complaint and were making Ordek wait and sit with the attackers in the same car and saying “the people of lut are still alive”.

Ordek, as an experienced human rights defender, pursued the violation that they were subject to at this time. Lawsuits were brought against three attackers, two of them were charged with robbery, threatening, and limiting a person’s freedom, the third was charged additionally with major sexual assault, and they were arrested.

Following the decision of the local court, prosecutor Turkay Turkler appealed the sexual assault verdict with the allegations of non-existence of “an evidence above suspicion, complete, certain and credible”.

On May 24 at 14.00, the trial will resume in Ankara for a summary judgment. Before the trial, we met Ordek and discussed the court’s approach to the sexual assaults, the consent issue and the vague borders of “activist Kemal and victim Kemal.”

“There wasn’t a discussion on consent, it was very important that the penalty was imposed according to the testimony”

Your lawyers described the fact that one of the attackers was punished for sexual assault as “leading case.” Could you explain the reason?

This was a leading case because it reflected the things we wanted to say as activists. In the legal struggle following the things I experienced, the concept of consent wasn’t questioned at court, and verdict was given according to the testimony. The court committee said “there is a sexual assault, it is a major sexual assault, there is a limitation on a person’s freedom, and there are crimes like threatening and insulting,” in consensus and approved a punishment that wasn’t requested, or predicted by the prosecutor.

From these points, it’s a leading case, but it ignored the robbery, which was lacking. Also, they didn’t issue an arrest warrant until the last hearing.

(more…)

Istanbul LGBTI+ Pride Week Committee sues leader of far-right group for targeting Pride 2016

 

THIS IS OUR CALL!

On the eve of LGBTI+ and Trans Pride Marches in Istanbul on 2016, Alperen Hearths Istanbul Chair Kürşat Mican organized a press meeting and declared us to be “immoral,” threatening the marches. Mican’s statement that “We will never, ever allow such Immorality, like this march that is called “honor” but really it is immoral, that touch the nation’s nerves, to be normalized or encouraged” is deliberate hate speech directed against LGBTI+s’ struggle for honorable life and it can not be accepted. As LGBTI+s we are taking him to court!

As a result of our criminal complaint against him, Kürşat Mican will be tried on the charge of “inciting the public to hatred and animosity.” The first hearing is on Thursday, May 18, 13:30 at Kartal Courthouse 44. Court of First Instance. We are expecting all our friends to support our case at Kartal Courthouse on May 18, 13:30.

We will initiate a social media campaign with the hashtag #alışındavacıyız (#getusedtoitwesue) on May 16, 21:00, to make our voices heard and to stand by our Pride Week and our case.

We will be plaintiffs for all the injustice, pressure, and hate speech against us!

Get used to it, we are here, #alışındavacıyız!

Kaos GL: 5 LGBTI activists arrested for different reasons in April

5 LGBTI activists from Diyarbakır, Istanbul, and Izmir who carried out the “No” campaign against the constitutional change that was voted upon on April 16 and who protested the questionable outcome of the referendum were arrested for different reasons.

Source: “Nisan ayında 5 LGBTİ aktivisti farklı gerekçelerle tutuklandı” (“5 LGBTI activists arrested for different reasons in April”), Kaos GL, 25 April 2017, http://www.kaosgl.org/sayfa.php?id=23611

The referendum on constitutional changes has been voted upon but human rights violations have not stopped. Detentions and arrests directed at those who carried out the “No” campaign throughout the referendum period and pressure towards those who have brought attention to the possibility of a questionable outcome in the referendum and taken to the streets are ongoing.

LGBTI activists are also among those protesting the referendum results and the Supreme Electoral Council’s decision to count unsealed ballots as valid. Some were detained upon taking to the streets to draw attention to the irregularities of the referendum.

Istanbul: Two arrests on allegations of insulting the president

LGBTI activist Çağla was detained at a “No” demonstration organized on the evening of April 18 in Istanbul’s Beşiktaş district. On April 22, she was arrested. Attorney Rozerin Seda Kip from SPoD LGBTI visited Çağla in prison. She reported what Çağla experienced to KaosGL.org as follows:

“She was arrested while the demonstration was still going on with the justification of insulting the president. She was the only person taken out of the group. There is no evidence to show that she carried out the crime of defamation in the police reports or file. While she was detained, an additional detention period was requested as part of the state of emergency. Ultimately she was arrested. We will object to this decision.”

Additionally, LGBTI+ [community] member and activist Nakka, who carried out the “No” campaign in Istanbul before the referendum, was detained with an accusation of insulting the president and was later arrested.

Izmir: Detention and arrest following referendum protest

Two LGBTI activists who joined a protest in Izmir following the referendum were also arrested with the allegation of insulting the president. Red Ocean LGBTI and Positive Resistance (Kızıl Okyanus LGBTİ ve Pozitif Direniş) member Asya Gökalp and an activist friend from Positive Resistance were detained in a dawn operation following the demonstration. Both were arrested.

Diyarbakır: Detention and arrest before the referendum

LGBTI activist Loren was arrested on April 13, being among those detained on April 4 in an operation directed at members of the Socialist Party of the Oppressed (Ezilenlerin Sosyalist Partisi, ESP) who carried out the “No” campaign in Diyarbakır.

Evrensel: Constitutional Court halts deportation of trans refugees

 

The Constitutional Court halted the decision made by the Denizli Immigration Authority to deport two Iranian refugee trans women.

Source: “Trans mültecilerin sınır dışını AYM durdurdu,” Evrensel, 22 April 2017, https://www.evrensel.net/haber/316838/trans-multecilerin-sinir-disini-aym-durdurdu

The Constitutional Court halted the decision of the Denizli Migration Authority to deport two Iranian refugee trans women with the justification that it could bring about irreparable results. The two Iranian refugee trans women, who were taken into custody by the police on the evening of April 18 because they did not have work permits, were wanted for deportation by the Denizli Migration Authority with the allegation that they “disrupted public safety.”

The Denizli Migration Authority, which did not allow the refugees their right to object to the decision, wanted the deportation operation to take place in the morning hours of March 21 [sic. Article means April], but with pressure from both lawyers and associations doing work related to refugees and rights advocates, the Denizli Migration Authority was forced to suspend the operation.

The refugees’ lawyers Gamze Saymak and Tezcan Çakmak applied to the Constitutional Court and requested that an injunction be issued related to the deportation decision. The Constitutional Court, which evaluated the demand, ruled to temporarily suspend the two Iranian refugee trans women’s deportation.

The following was said in the ruling: “In order to evaluate whether or not there was a serious threat to the applicant’s life or material or spiritual wholeness through a concrete event, a need is felt for more information and documents. Additionally, in the case that the deportation operation were carried out during the period of research, irreparable consequences could emerge. For this reason, the decision has been made to temporarily halt the deportation of the applicant to their country in order for relevant information and documents to be collected and reevaluated.”

REFUGEES SENT TO ISTANBUL

The refugees, who were held at the Denizli Kınıklı Police Station for three days to be sent to Iran, were sent to the Istanbul Silivri Deportation Center without information being given to their lawyers. The Migration Authority denied the lawyers’ request for information, saying “you do not have power of attorney.”

MIGRATION AUTHORITY DID NOT WANT TO MAKE A DECISION

Lawyer Gamze Saymak, who spoke to our newspaper, while criticizing the attitude of the migration authority during this process, said: “Though we said that we had been appointed by the bar, the Provincial Migration Directorate did not give our side any information or documents and did not give us permission to review the file with the justification that we did not have power of attorney. They did not even want to accept the documents related to the case opened at the Denizli Provincial Migration Directorate Administrative Court or the application for injunction we made at the Constitutional Court. Only after much fighting we were able to deliver the documents.”