Law & Politics

Judicial and political environment in Turkey on LGBTI issues

Evrensel: Mican’s threats and hate speech is considered freedom of speech

The Istanbul Chair of the Alperen Hearths Foundation, Kürşat Mican’s threats and hate speech against LGBTI Pride Walk was evaluated and ruled to be within the scope of freedom of speech by a state prosecutor’s investigation. Despite the fact that Mican is not a journalist, the prosecutor emphasized the ‘freedom of press’ in his verdict.

Source: Cansu Pişkin, “Mican’ın tehditleri, nefret söylemi ifade özgürlüğü sayıldı!”, Evrensel, February 10, 2018,

A criminal complaint had been filed against Kürşat Mican, who used threats and hate speech bearing statements during a television programme on KRT. The statements were directed towards the LGBTI Pride Walk planned to take place on June 25 last year. Lawyers Rozerin Kip and Levent Pişkin filed a complaint to the Istanbul Office of the Chief Public Prosecutor, stating that Mican was inciting the public to hatred and animosity, using threats and insults. Mican had threatened the Pride Walk with the following statements: “These people plan to build a structure in every neighborhood. We warn our Intelligence Agencies. This is a project of the capitalist, communist, imperialist powers. They aim to spread homosexuality, to destroy the unity of family, to stop procreation, to end the husband-wife relationship and to prevent the growth of a generation which is a result of said relationship and which would do good for this nation. This dynamite is planted at the foundation of the structure of the family. Young people are getting inclined towards this direction. They especially went down to working at the level of neighborhoods. We will not allow this, whatever the cost may be. I’m addressing the Turkish nation, these are very dangerous structures. We need to prevent this immorality, this will spread otherwise. If the state allows this, we won’t. Where ever they will walk, we will go and block that region, that avenue, they won’t be able come there anyway. We will not let them walk. We can find 200 thousand people if need be.”

The statements were interpreted as within the legal parameters of press freedom.

Public Prosecutor Ersoy Altıntaş from the Istanbul Office of Chief Public Prosecutor Press Crimes Inquiry Bureau evaluated the criminal complaint and found the statements to be within the scope of freedom of speech. Rather than focus on Mican’s words, Altıntaş frequently emphasized ‘press freedom’ in his verdict and on the medium of the statements, the TV channel, and the program–even though Mican is not a journalist. Altıntaş stated: “If a journalist is sentenced for helping disseminate another person’s words, this will create a serious obstacle against the contribution of the press in public debate. Thus, this should not be the path to take unless there are valid reasons to do so. To set the condition for the journalists to systematically refrain from statements which can hurt, incite, or defame others does not comply with the role of the press to inform the public on current affairs, opinions and notions.”

Prosecutor Altıntaş also suggested “freedom of speech is among the most fundamental rights in a democratic society” and stated “according to the regulation in the law, there needs to be a concrete danger in order to have an element of crime. The news article in this case does not create such a concrete danger; therefore, as in the incident for which the complaint is filed, the legal elements for the alleged crimes are not existent. As a result of the investigation carried out by our Office of Chief Public Prosecutor, it was understood from the documents pertaining to investigation that the alleged crimes had not come into existence”. The case is at the moment deemed as nolle prosequi. Rozerin Kip and Levent Pişkin have stated their intention to file an appeal to this verdict.

LGBTI activist Kıvılcım Arat joins Diren Coskun’s death fast

Trans woman Diren Coşkun, incarcerated in Tekirdağ No.2 Prison, has been on a hunger strike for 13 days, asking for an end to rights violations in detention and for her right to surgery and treatment. Her friend Kıvılcım Arat, too, has announced her own hunger strike to help Coşkun’s voice be heard and to support her right to treatment.

This article was compiled from: ”Diren Coşkun 13 gündür ölüm orucunda, Kıvılcım Arat da aynı eyleme başladı”, Gazete Karınca, February 6, 2018,

Keskesor activist Diren Coskun, who was arrested in August 2017, has completed the 13th day of her hunger strike in Tekirdağ No.2 Prison.

Istanbul LGBTI Solidarity Association Board Member and spokesperson for Democratic Women Movement Kıvılcım Arat had announced that trans woman Coşkun has started a hunger strike against the prevention of her right to surgery and treatment, and the rights violations occurring in prison. Coşkun had declared her protest as follows:

“I’ve been subjected to many humiliating practices here. I lay my body to die, to gain my right to surgery and treatment, and to have this severe isolation abolished. I hereby declare to democratic public opinion that I have started a hunger strike as of January 25.”

As Coşkun’s death fast continues, Kıvılcım Arat announced that she has “started a death fast in order to reinforce Diren Coşkun’s voice and to make her demand for treatment heard”.

Kıvılcım Arat tweeted on February 6:

“In spite of our best efforts, we were not able to draw attention to Diren’s demand for access to treatment. Her trans identity cast a shadow over her protest and rendered it invisible. As of February 6 00:00, I have started a fast in order to reinforce Diren Coşkun’s voice and to make her demand for treatment heard.”

Arat stated that she will continue the fast until Diren Coşkun’s demands are met. Arat has criticized the LGBTI community for its lack of interest in Coşkun’s current situation and has emphasized that the oppression and violence against trans individuals remains invisible.

Kaos GL: Human rights defender Ali Erol freed under judicial control!

Our co-founder and LGBTI rights defender Ali Erol was detained on Friday, Feb. 2 in his Ankara home where he lives with his partner on the grounds of his social media posts. Following his statement to the police and the prosecutor Tuesday, he was sent to the Criminal Court of Peace with a demand that he be put under judicial control. The Fifth Criminal Court of Peace ruled to free him under judicial control.


We could not find the details of this detention and the ongoing investigation due to a confidentiality decision and this is a clear violation of freedom of thought and expression. The detention and investigation of Ali Erol due to his social media posts demanding peace following Ankara governor’s “ban on LGBTI events for an indefinite period” in November 2017 reveals once again the increase in obstacles and pressures against LGBTI rights.

This pressure, detention and investigations against human rights defenders shows how much we need human rights. We once again repeat that everyone needs human rights.

Each year, thousands of human rights defenders are trying to be silence through fabricated or ridiculous reasons that turn into lengthy, costly and mostly unjust judicial processes. The long struggle in the field of human rights shows us that the effect of silencing human rights defenders can be more unnerving and long-lasting than directly putting pressure on those groups. Silencing human rights defenders who work to initiate civil organizations with bravery, who speak up and who are respected through their bravery and work is a powerful tool. Trying to suppress the courage of human rights defenders is a common tactic by those violating rights. Because of this, protecting human rights defenders is a fundamental area of work for human rights organizations across the World today. Because fear is as contagious as courage and fear can only be beaten by standing with courage.

Kaos GL Association

Editor’s note: Judicial control in Turkey usually entails going to the police station periodically and a ban on traveling abroad. 

Kaos GL: Co-founder Ali Erol has been detained

LGBTI activist Ali Erol, a member of the initial team to begin publishing Kaos GL magazine in 1994 and one of the founders of Kaos GL, was detained in a police operation on the house he shares with his life partner Friday morning.


While there was no clear information on the grounds for Ali Erol’s detention, the lawyers said his social media posts were included in the detention warrant. The detentions of many people in Ankara police operations due to social media posts has been reported.

Detained Ali Erol is a leading LGBTI activist in the world and was the recipient of the David Kato Vision & Voice Award in 2013.

The detention of Erol, a leading activist in the LGBTI movement, once again shows the point freedom of expression has come to in Turkey. Erol’s detention following Ankara governor’s “ban on LGBTI events for an indefinite period” in November 2017 reveals once again the increase in obstacles and pressures against LGBTI rights.

Our lawyers are following the judicial process. We will continue sharing as we learn details.

Freedom of expression is a fundamental right. LGBTI rights are human rights. We demand that one of our founders, LGBTI activist Ali Erol be immediately released!

Kaos GL Association

Editor’s note: Hundreds of people have been detained on alleged terror propaganda charges on social media relating to Turkey’s cross-border operation on a Kurdish-held enclave in northern Syria. The Turkish military and allied Syrian opposition forces are fighting the People’s Protection Units or YPG in Afrin. Turkey considers the YPG a terror group and an extension of the Kurdish insurgency within its own borders. The YPG is also a key ally of the United States in combatting the Islamic State group in Syria. Operation Olive Branch was launched on Jan. 20 and the Turkish government has cracked down on critical opinions of the military offensive. 

Bianet: Fifth hearing of “Mobbing in GAP” case: “I have homosexual friends too”

Attorney for GAP, on trial for its practice of mobbing against a homosexual employee, claimed that Istanbul LGBTI was trying to build its reputation through the case. The association stated “We will not let our spaces of work be destroyed, they are already limited to begin with”.

Source: Çiçek Tahaoğlu, “GAP’te Mobbing Davasında 5. Celse: ‘Benim de Eşcinsel Arkadaşlarım Var”, bianet, November 9, 2017,

U.S.-based textile company GAP’s Turkey branch is on trial for practising mobbing against a homosexual employee. The fifth hearing took place today at Istanbul Ninth Labour Court today (Nov. 9).

A homosexual man, store manager who had been working in the Kanyon Mall branch of GAP for nearly ten years, resigned in early 2015 when he had started to experience mobbing after the regional manager M.A’s arrival.

The gay employee says that someone had filed a complaint with the ethics department of the company based on his sexual orientation and that he was warned during meetings with phrases such as “Are you a man?”, “Be a man”. The employee later sued the firm for mobbing with the help of Istanbul LGBTI Association.

At the hearing GAP’s attorney claimed that Istanbul LGBTI filed a lawsuit against the global company in order to make a name for itself. On the minutes of the hearing, Istanbul LGBTI was stated as a “sexual LGBT association.”

Istanbul LGBTI’s Chair Kıvılcım Arat told bianet “We regard this case not as a mobbing lawsuit filed by an individual, but an exemplary case in which we defend everyone who has been discriminated against based on their sexual orientation and identity. We will not let our spaces of work be destroyed, they are already limited to begin with.”

Complaint against homosexuality with the company’s ethics department

At the second hearing today, a witness for the plaintiff and another for GAP were heard. The witness for the plaintiff stated that he is homosexual as well and that he witnessed the gossip about the plaintiff, suggesting that both himself and the plaintiff were subject to mobbing due to their homosexuality. The witness also stated that there was a rumor about himself and the plaintiff staying in a hotel in Bartın together and that one employee sent an e-mail to the company’s ethics department [based] on this rumor.

The witness for GAP, the regional manager M.A, said that there was no discrimination at the company “based on religion, language or race”, that he had not witnessed any cases of mobbing against the plaintiff and that this person left his job of his own will.

GAP’s attorney also claimed that the report written by the Council of Forensic Medicine which states that the plaintiff was psychologically affected by the mobbing is not scientific.

The next hearing where other witnesses will be heard will be on February 28, at 11:50.

Istanbul LGBTI: We will not be “men”, we will be humans!

In its statement on the case, Istanbul LGBTI underlined the fact that the GAP company is known for its global social responsibility campaigns against homophobia and gender discrimination, stating “Every barrier you build against our right to work strengthens our determination for struggle and our spaces of solidarity! We will not be “men”, we will be humans! And we will take you out of the darkness created by manhood into the light of being human!”.

The association’s chair, Arat, emphasized the lack of awareness about mobbing in the Turkish judiciary and said:

“This case has been continuing for the last three years and in each hearing GAP finds an excuse and pushes for postponement. GAP’s headquarters in the USA does not make any explanation about the mobbing against the employees in Turkey and about the fact that the forensic report proved the practice.

“What we have seen is that GAP’s policies for the USA and Europe are highly different than that of the Middle East. We had a brief talk with GAP’s attorney after the hearing. They said that they have homosexual friends too. So I said I have heterosexual friends too.

“When I think of the current state of the justice system in Turkey, I can’t really predict the outcome of the trial. We sued Alperen Hearths and Muslim Anatolia Youth under the state of emergency circumstances and it was the first ever case of ‘inciting the public to hatred and rage’ against the fascists -an article which is generally used against the oppositional voices. We will also be following this trial.”

Kaos GL: “Good behavior” reduction to threat against LGBTI+ individuals

Far-right ultranationalist Alperen Hearths’ Istanbul Chair Kürşat Mican receives a judicial fine of 4,000 Turkish Liras (about 1,050 USD) due to his “good behavior” on trial where he was charged with “inciting the public to hatred and enmity” after he threatened Pride March. The Alperen Hearths are a far-right ultranationalist and Islamist youth group linked to the nationalist Great Union Party (BBP).

Source: “ ‘Good behavior’ reduction to the threat against LGBTI+ individuals” (“LGBTİ+’ları tehdide ‘iyi hal’ indirimi”),, December 14, 2017,


The third hearing of the trial of Alperen Hearths’ Istanbul Chair Kürşat Mican took place on Dec. 14 in Kartal Courthouse, 44. Court of First Instance. Mican was charged with “inciting the public to hatred and enmity, deliberately insulting a section of the public based on differences in social class, religion, sect, gender and region” after his threat against the 2016 LGBTI+ and Trans Pride March.

Mican, on trial with a demand for up to 6 years in prison, was sentenced to 4,000 Turkish Liras (about 1,050 USD) judicial fine due to his “good behavior” on the charge of insulting a section of the public based on differences of gender. Dogan news agency reported that the court decided that the fine be paid in 10 installments.

Ankara ban becomes premise for Mican

Mican defended himself at the last hearing, saying “The state should not allow these to do such things. Our state has protected every sect’s belief but the liberty demanded here is not a normal liberty.” At today’s hearing Mican pointed out the ban issued by the Ankara Governor’s Office against LGBTI+ activities as a premise.

What had happened?

Muslim Anatolia Youth, a group organizing over social media issued a call for an event called ‘ We won’t let undignified perverts walk’ against the 2016 LGBTI Pride March planned for June 26 and June 16 Trans Pride Marches.

Alperen Hearths Foundation Istanbul Chair Kürşat Mican threatened the June 26 LGBTI Pride March, using homophobic and transphobic hate speech. Alperen Hearths had gathered on Istiklal Avenue during Pride Walks as a small group and tried to provoke the crowd yet failed to block the walk. Their chair Mican stated:

“We will never allow this type of immoralities which touch upon the nerve ends of the society disguised as Pride Walks, to be normalized or encouraged. Our reaction will be clear and severe. They always do the same things on a holy month. They mock us, ignoring our values and making fun of us. Esteemed state authorities, do not let us be occupied with these. Either do what’s necessary or we will take care of it. We will take every risk, we will directly block the walk. Our state should stop this, considering our national values. Because this is not a normal liberty. This is our warning now. We let you know about what is to come beforehand, we will not be held accountable after this point.”

Istanbul LGBTI Solidarity Association and Human Rights Association had filed a common criminal complaint regarding the threats and demanded that Mican and other stand trial. Halkevleri had also filed a criminal complaint.

Following the reactions Mican suggested that he did not threaten the walk, saying “I’m not suggesting that we chase people around with bats in Taksim.”

Sputnik: Turkish Constitutional Court rules sex workers cannot be fined on the Law of Misdemeanors

Upon the application of a transsexual sex worker, the Turkish Constitutional Court decided that police officers cannot issue fines against sex workers based on the Law of Misdemeanors. The high court approved the verdict with majority of votes and the decision would establish a precedent.

Source: “Constitutional Court: Sex workers can not be fined on Law of Misdemeanors” (“AYM: Seks işçilerine Kabahatlar Kanunu’ndan para cezası kesilemez”), Sputnik, 21.12.2017,

According to a report by Deniz Ayas of Sözcü daily newspaper, a police squad issued a fine against a sex worker based on Law of Misdemeanors No. 5326 as she was waiting for clients in a 2014 incident. The sex worker protested the fine of 91 Turkish Liras and took it to the court. Yet the local court ruled for the law enforcers.

After the appeals procedures, the sex worker took the case to the Constitutional Court where her objection was evaluated. The detailed ruling was issued in the Official Gazette Thursday and included striking evaluations.

The verdict, which is to become a legal precedent was reached with a majority of votes and found the sex worker to be right, emphasizes that the procedure carried out based on the Law of Misdemeanors No.5326 dated March 30, 2005 cannot be valid.

The Law of Misdemeanors does not include prostitution bargaining

The reason for the ruling was stated as the noncompliance between the act of “disturbing others with the aim of prostitution” as reported on the administrative fine of the police officer and the article defined on Art. 37 of Law No. 5326; suggesting that in this incident the act “does not correspond to prostitution”.

“It cannot be fined”


It was stressed that the verdict was made based on the principle “No one can be fined due to an act which is not considered criminal based on the law in force at the time. No one can be sentenced to a heavier sentence than the one defined for that crime at the time the crime was committed”. As a result, it was decided that the right of the transvestite* was violated and that the 2 thousand lira cost of “judicial procedures” be paid to her. One member of Constitutional Court objected to the verdict.

Verdict sets legal precedent

The verdict sets a legal precedent for the practices that will follow. This means that the police will not be able to fine sex workers waiting for clients on the streets and avenues ‘just because they are waiting for clients’.

Translator’s Note: The original article uses the words “transsexual” and “transvestite” interchangeably. The article was translated verbatim so as to demonstrate the original wording of the reporting.

For more on the use of the Law of Misdemeanors, please see these translations.