Parliamentary Questions

Parliamentary Questions on LGBTI issues submitted by Members of Parliament in Turkey

The Turkish Grand National Assembly discussed KYK cutting loans of students arrested during METU Pride March

The Grand National Assembly of Turkey Discussed the Credit and Dormitories Institution (KYK) Cutting the Financial Aid of Students who Were Arrested During METU Pride March.

Dilşat Canbaz, a HDP (The People’s Democratic Party) member of parliament for İstanbul asked the Minister of Youth and Sport why KYK cut the loans of the students arrested during the METU Pride March.

 Source: The grand national assembly of Turkey discuss the Credit and Dormitories Institution (KYK) cutting the loans of the students who were arrested during METU Pride March (KYK’nın ODTÜ Onur Yürüyüşü’nde gözaltına alınan öğrencilerin kredilerini kesmesi Meclis gündeminde) Yıldız Tar, Kaos GL, July 5, 2019,

https://kaosgl.org/sayfa.php?id=28480&fbclid=IwAR1JcbY4m_cQUfz7dK62mfaYTIynceNRpLhXt056JrhvnCXI3sXqxLAGJFY

 HDP İstanbul member of parliament Dilşat Canbaz asked the Minister of Youth and Sports Mehmet Muharrem Kasapoğlu about KYK’s discriminatory policy in a series of questions written by KaosGL.org. 

 Canbaz asked Kasaoğlu the following questions regarding why the KYK cut the scholarships and loans of the students who were arrested during METU LGBTI+ Pride March on May 10:

 *What is the reason for cutting the financial aid of these students?

 *How many students’ scholarships and loans were cut on the grounds that they attended the aforementioned march? Among these students, are there any students who were dismissed from the dormitories of KYK?

 *Has cutting the financial aid been done upon the request of the General Directorate of Security?

 *How many students were denied their KYK rights within the last 3 years? What are the reasons for this?

 *Is there any particular policy being applied to the students who exercised their democratic rights guaranteed by the constitution and participated in the protest march?

 *Is your ministry conducting a project relating to the social exclusion that LGBTI+ students?

 

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?

HDP’s Sancar submits parliamentary question on hate speech and hate crimes committed against LGBTIs

Source: Mithat Sancar, Soru Önergesi, 7 March 2017.

TO THE OFFICE OF GRAND NATIONAL ASSEMBLY of TURKEY

I present below questions to be answered in writing by The Minister of Interior Süleyman Soylu in accordance with Article 98 of the Constitution and Articles 96 and 99 of the standing orders.

Mithat Sancar

Mardin MP

It was noted by the press that you have said “Who are you speaking for Ertuğrul Özkök? Do not interfere with things you don’t know, go be with whoever you want to be with, whether it’s the fruity types in America or Europe“ regarding Ertuğrul Özkök, during the “Referendum Consultation Meeting” that took place on March 7, 2017 in Trabzon’s Akçaabat district. On an advisory jurisdiction by Council of Europe Ministers Committee on 1997, hate speech is defined as “all forms of expressions that spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other forms of hatred based on intolerance.” Even if it does not always constitute a crime on its own, it is an act of strong aggression and silencing by the powerful against the certain populations that are socially disempowered, and it gives way to the hate crimes. The stereotypes created with these words can result in the othering of certain groups, to the incitement of the violence against them or to these groups becoming invisible.

It is clear that the use of the word “nonoş”, which is defined as “homosexual man” in the Turkish dictionary of Turkish Language Institution, with the intention of insult is a sexist and discriminatory discourse. The violence against those “nonoş” as you called them, is ever more intense due to the rampant nationalism. According to Kaos GL’s report, one in every four hate speech is articulated by politicians, no precautions were taken against the posters or news that target LGBTIs.

In March 2016, a trans woman called Buse was found dead in her house, lost her life as a result of assault and hacking inflicted injuries. On March 21 in Çorlu, a trans woman sex worker Aleda was stabbed to death. Hander Kader’s photos resisting police during the banned Pride Walk in June 2015 were published by the press, her body was found completely burnt in Zekeriyaköy on Aug. 8, 2016. Around the same time, Muhammed Wisam Sankari, a gay Syrian refugee who has been living in Istanbul for around a year, was threatened, abducted, raped, decapitated and killed brutally.

It is clear that the violence against the LGBTIs is not always visible, but according to the data published in press, it is certainly established that at least 41 trans individuals were victims of hate murders between the years 2008-2015. Since 2009, over 100 “nonoş”s are estimated to have lost their lives due to hate murders. Harassment, rape and other cases of violence are not even reported. The police force either remains completely insensitive towards these cases or is the very perpetrator of this violence.

Within this scope:

  1. Who did you precisely indicate when you said “nonoş”?
  2. While the LGBTIs are exposed to daily violence in the country you are a minister for, how do you think your use of the word “nonoş” as an insult will effect this violence?
  3. How many LGBTI murders were committed since the day you have become a minister?
  4. How many cases of violence against the LGBTIs have been reported since the day you have become a minister?
  5. Of the cases mentioned in questions 3 and 4, how many perpetrators have been found?
  6. What initiatives did your ministry took in order to solve the unresolved hate murders?

Rape and Police Violence Carried to Parliament with Tanal’s Parliamentary Question

Mahmut Tanal, the Republican People’s Party’s member of parliament from Istanbul, submits question to Minister of Interior Sebahattin Öztürk about the experiences of trans activist Kemal Ördek.

Source: Kaos GL, “Tecavüz ve polis şiddeti Meclis’e taşındı” (“Rape and Police Violence Carried to Parliament”), kaosgl.org, 11 July 2015, http://kaosgl.org/sayfa.php?id=19823

Following the rape in their home and exposure to police violence of trans activist and Red Umbrella Association member Kemal Ördek, a parliamentary question was submitted by Mahmut Tanal.

The question encompassed the involved police officers’ covering up of the event and their use of offensive language, as well as the release of the people who allegedly committed the crime and their continued threats to Kemal Ördek over the phone. The following questions were posed to the Minister of Interior:

  • Are the allegations that on the night of these events, when Kemal Ördek asked for help from the police, they were not taken seriously and were reprimanded by the police officers, despite being the victim, true?
  • What was the legal justification for Kemal Ördek being brought to the police station alongside the suspects in the same car? Has any inquiry about the police officers who did this been started?
  • Are the allegations that upon entering the police station one of the police officers said, “Enough of this Tribe of Lot!”, that the other police officers mocked the victim for their gender identity, that the police officer who took the victim’s statement tried to make the victim sign a record of statement, different from their own and that this police officer interfered with the victim’s statement-giving true?
  • Has an inquiry regarding these police officers and other public officials been started by the Ministry?
  • What administrative sanctions will be taken towards these officials?

Kürkçü asked the Labour Minister about the LGBTI employment

Ertuğrul Kürkçü from HDP submitted a motion regarding the employment of LGBTI to the Labor and Social Security Minister Faruk Çelik.

“Kürkçü, Çalışma Bakanı’na LGBTİ istihdamını sordu” [“Kürkçü asked the Labour Minister about the LGBTI employment”], Kaos GL, 05 February 2015, http://www.kaosgl.org/sayfa.php?id=18650

Ertuğrul Kürkçü, Mersin Representative of HDP, asked the Labor and Social Security Minister Faruk Celik if they will begin taking actions about sexual orientation and gender identity discrimination in employment.

Minister Çelik did not count LGBTI (lesbian, gay, bisexual, transgender, intersex) among disadvantaged groups in the labor force participation while answering the proposed motion Mahmut Tanal from the CHP presented in November.

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LGBT People are not protected against hate speech in Grand National Assembly of Turkey

The campaign against hate speech and discriminatory statements in the Turkish Parliament does not cover “sexual orientation, gender identity and gender expression”. It has also been revealed that gay and trans people are excluded from the scope of protection.

Source: Murat Köylü, “TBMM’de LGBT’ler nefret söylemine karşı korunmuyor”, (“LGBT People are not protected against hate speech in Grand National Assembly of Turkey”), Kaos GL, 03 February 2015, http://www.kaosgl.org/sayfa.php?id=18630

The campaign against hate speech and discriminatory statements in the Turkish Parliament does not cover the statements “sexual orientation, gender identity and gender expression”. It has also been revealed that gay and trans people are excluded from the scope of protection.

The parliamentary question from Sezgin Tanrıkulu, Deputy Chairman of the Human Rights Commission of the Turkish Parliament, of the Republican People’s Party (CHP), received a response.

The above mentioned parliamentary question on the “prevention of usage of hate speech and discriminative statements in Grand National Assembly of Turkey” submitted to Turkish Parliamentary Speaker’s Office was responded to by Sadık Yakut, Turkish Parliamentary Deputy Speaker.

MP Yakut from Justice and Development Party (AKP) referred to parliamentary immunity in his response and he reminded [the minister] that “according to the Bylaws of Grand National Assembly of Turkey, a person who utters rude and hurtful statements in the General Assembly will be immediately warned by the Chairman, requested to leave the floor in the case of that person’s insistence on speaking and may be excluded from the session if the Chairman deems it necessary”.

Sadık Yakut, Deputy Chairman of Grand National Assembly of Turkey, attracted attention to the Political Ethics Conciliation Commission’s bill of law on preventing hate speech and discriminative statements in the Assembly, which was finalized in December 2012 and submitted to the Parliamentary Speaker’s Office.

In this bill of law from the Commission, which was established with the purpose of developing a clear, honest and accountable understanding of politics and defining ethical principles by making a detailed examination on political ethics, the principle that “any discrimination due to such reasons as language, race, color, gender, political opinion, philosophical belief, religion, age, physical, mental and psychological disabilities shall not be in question” was indicated. The fact is statements such as “sexual orientation, gender identity and gender expression” were not indicated and trans and homosexual people’s exclusion from the scope of the protection attracted attention.

In his response, Mr. Yakut also shared the [names of] MPs who received disciplinary punishment in the 24th Term of the 3rd Legislative Year of the Turkish Grand National Assembly.

DISCIPLINARY PUNISHMENTS IN 24TH TERM OF THE 4TH LEGISLATIVE YEAR

Serial No

MP who receives disciplinary punishment

Disciplinary Punishment

Other Details re Disciplinary Punishment

Name Surname

Election District

Type

Reason

Session No

Date

1

Kamer Genç

Tunceli

Prohibition from speaking

Digression from the subject being discussed

102

12.06.2014

2

Kamer Genç

Tunceli

Punishment of  Permanent Exclusion from two sessions

Revilement to Deputy Chairman who chairs the session

78

17.04.2014

3

Oktay Saral

İstanbul

Reprimand

Carrying out an attack

51

23.01.2014

4

Özdal Üçer

Van

Reprimand

Rude and hurtful utterances

33

16.12.2013

TBMM Başkanlığı “milletvekillerinin, danışmanların, yasama uzmanlarının ve yardımcı personelin nefret söylemine karşı farkındalık düzeylerinin artırılmasına” ilişkin olarak ise TBMM’nin Etik Komisyonu’na işaret etti.

The Presidency of the Grand National Assembly of Turkey pointed to the Assembly’s Ethics Commission regarding “increasing the level of awareness of parliament members, consultants, legislative experts and supportive personnel against hate speech”.

Sezgin Tanrıkulu, MP from Republican People’s Party (CHP) asked the following in his parliamentary question:

1- Is any kind of mechanism projected which follows, assesses and plans the required steps through analysis on hate speech (or speech which have a high potential of being understood as hate speech) by MPs?

2- Which sanctions are applied or could be applied against hate speech and discriminative statements by MPs?

3- In the previous legislative year, was any provision of a by-law or any other legislation applied due to hate speech, discriminative statement or revilement? If yes, in which cases was it applied?

4- Does the Parliamentary Speaker’s Office plan on any project to increase the awareness and responsibility levels of parliament members, consultants and party group management of hate speech and discriminative language?

Turkey’s Minister of Family sees homosexuality as a “preference”

Ayşenur İslam, the Minister of Family and Social Policy, noted that there is no statistical record of gender and “preference” in applications received by the Ministry.

Source: “Aile bakanı eşcinselliği tercih sanıyor”, (“The Minister of Family thinks homosexuality is a preference”), KaosGL.org, 29 January 2015, http://kaosgl.org/sayfa.php?id=18593

Responding to CHP MP Mahmut Tanal’s request for information on discrimination and violence against LGBTs (lesbian, gay, bisexual, trans), Minister İslam claimed that the Ministry produces “holistic social policies that target the entire society and prioritize disadvantaged segments.”

The Minister of Family does not observe international terminology

Not mentioning LGBTs in her response, the Minister of Family and Social Policy İslam used the term “preference” instead of “sexual orientation.”

Remarking that the applications received through the Ministry’s Social Support and Social Aid phone lines are processed based on the nature of the request, İslam said, “there is no statistical record regarding [the applicants’] gender and preference.”

In international documents, the term sexual orientation, which signals an unchangeable characteristic of the individual, is preferred over “sexual preference,” which implies voluntary choice.

The Protection of the Family Act ignores discrimination

Responding to the question regarding measures to make it easy for LGBTs to place complaints about domestic violence, İslam said that there is no discrimination in the Protection of the Family and the Prevention of Violence Against Women Act.

Mahmut Tanal, a member of the Human Rights Commission of the Grand National Assembly of Turkey, placed two expansive requests for information covering a number of issues including policies for the social inclusion of trans individuals, the social aid allocated to LGBTs, LGBT suicides, and policies addressing the special needs of minor, teenager, senior, and disabled LGBTs.

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MP Mahmut Tanal’s Parliamentary Question on LGBT Employment

Mahmut Tanal, a parliamentarian from the Republican People’s Party filed a parliamentary question on LGBT employment. PDF

The Grand National Assembly of Turkey
Republican People’s Party (CHP)
Group Presidency
Date: 18 November 2014
No: 32293

To the Presidency of the Grand National Assembly of Turkey

Ankara

I respectfully request the Minister of Labor and Social Security Faruk Çelik to respond to the questions below in writing in accordance with the 98th bylaw of the Constitution and the 96th bylaw of the Standing Orders.

Lawyer Mahmut Tanal

Member of Parliament from Istanbul

  • Does your Ministry do any work to include lesbian, gay, bisexual and trans citizens in the employment policies, especially regarding the participation of disadvantaged groups in labor force?
  • Do the public expenditures and the Ministry policies regarding youth empowerment include measures to help LGBT youth escape the circle of discrimination and social exclusion they are intensely exposed to, as well as suggestions based on human rights to address the problems of this group?

Ministry of Labor does not support LGBT participation in labor force

Turkish Minister of Labor and Social Security Faruk Çelik stated that the policies to support participation in the labor force do not include LGBTs.

Source: “Çalışma Bakanlığı: LGBT’lerin işgücüne katılımını desteklemiyoruz”, (“Ministry of Labor does not support LGBT participation in labor force”), kaosGL.org, 23 January 2015, http://kaosgl.org/sayfa.php?id=18556

The Ministry of Labor and Social Security responded to a parliamentary question submitted by the main opposition Republican People’s Party (CHP) MP Mahmut Tanal on the inclusion of LGBTs in its employment policies.

Minister of Labor and Social Security Faruk Çelik did not count LGBTs among the “disadvantaged groups” in employment which the Ministry gives support to for their labor-force participation.

Çelik’s answer to Tanal’s parliamentary question was as follows and can be seen in the original PDF here:

“The measures taken by our Ministry to support the labor-force participation of especially disadvantaged groups and to tackle discrimination and social exclusion concern women, children, people with disabilities, the youth, ex-convicts, the Roma, immigrants, the poor or people under poverty risk, addicts and seasonal workers.”

MP Mahmut Tanal had asked Çelik the following questions:

  • Does your Ministry do any work to include lesbian, gay, bisexual and trans citizens in the employment policies, especially regarding the participation of disadvantaged groups in labor force?
  • Do the public expenditures and the Ministry policies regarding youth empowerment include measures to help LGBT youth escape the circle of discrimination and social exclusion they are intensely exposed to, as well as suggestions based on human rights to address the problems of this group?

MP Tanal asks Minister of Justice their activities on protecting the human rights of the LGBT citizens

Mahmut Tanal, a member of the Grand National Assembly of Turkey’s Human Rights Commission, is waiting for a response to his questions regarding the activities of the Ministry of Justice.

Source: “Milletvekili Tanal, Bakan Bozdağ’a LGBT Yurttaşların İnsan Haklarını Koruma Çalışmalarını Sordu”, (Parliamentarian Tanal asks Minister of Justice Bozdağ their activities on protecting the human rights of the LGBT citizens”, KaosGL.org, 22 November 2014, http://www.kaosgl.com/sayfa.php?id=18021 

Mahmut Tanal, a parliamentarian of the Republican People’s Party (CHP) from Istanbul; submitted 20 questions to the Grand National Assembly to get information about the activities of the Ministry of Justice, the Ministry of Social Security and the Ministry of Family and Social Policies for protecting the human rights of LGBT citizens.

Tanal, a member of the Grand National Assembly of Turkey’s Human Rights Commission, requested a written response from the Ministry of Justice Bekir Bozdağ for the following questions:

  • Is there any activity carried out by your Ministry for recognising and protecting lesbian, gay, bisexual and trans citizens, in accordance with international obligations?
  • Is there any activity being carried out for the Ministry staff, including the staff in provincial areas, to build awareness on this subject? What are these activities? What stage are these activities at?
  • Are there any occupational trainings regarding the problems and special needs of lesbian, gay, bisexual, and trans detainees and convicts given to correctional officers, teachers, social workers, psychologists, sociologists, and health personnel working within the prison system?
  • For the internal training of the aforementioned personnel, which resources and publications are used for the contents about human rights and democratic citizenship?
  • In the recruitment process for the aforementioned personnel, are there any criteria requiring knowledge and experience that are to be met on LGBT persons’ human rights and special needs?
  • Are there any awareness-building and violence prevention programs given to correctional officers and other inmates on combating stereotypes based on sexual orientation and gender identity, exclusion and violence?
  • When a violence threat towards LGBT people from correctional officers or detainees and convicts is reported, what kind of procedure is followed by your Ministry for protecting the LGBT person, or as a sanction to the perpetrator?
  • What kind of mechanisms are there present in the prisons for LGBT convicts to easily report complaints to the management, or for the management and prevent them to be aggrieved and for establishing complete privacy and security?

Ministry of Justice: LGBT training is provided to prisons’ psycho-social service experts

The Ministry of Justice responded to a request for information regarding LGBT inmates and said that it provides training on how to approach LGBT convicts and detainees to the prisons’ psycho-social service experts. The Ministry did not respond to the question on whether correctional officers and the general inmate population receive programs on awareness-building and violence prevention.

Source: Murat Köylü, “Adalet Bakanlığı: Cezaevi psiko-sosyal servis uzmanlarına LGBT eğitimi verildi”, (“Ministry of Justice: LGBT training is provided to prisons’ psycho-social service experts”), Kaos GL, 30 December 2014, http://www.kaosgl.com/sayfa.php?id=18372

The Ministry had said “We do not do any work on LGBT rights”

The Ministry of Justice sent a partial answer to Mahmut Tanal’s request for information regarding “LGBT rights in prisons”. Mahmut Tanal is a member of the Grand National Assembly of Turkey’s Human Rights Commission.

The Ministry of Justice had answered that they do not conduct “any work on LGBT rights”, in response to another request for information by Parliamentarian Tanal. However, it has been revealed that the Ministry is in fact giving trainings on the issue to the prison psycho-social service experts.

Isolation instead of education!

The European Court of Human Rights had found Turkey guilty of discrimination and ill-treatment in a 2012 case regarding a gay inmate’s “isolation for his own security.” In the following months of the judgement,  the Ministry of Justice had put forth an “LGBT-only Prison”, which was criticized by civil society as “collective isolation”.

Mahmut Tanal, Member of Parliament from the Republican People’s Party, submitted a parliamentary question in November 2014 to the Minister of Justice Bekir Bozdağ on “LGBT inmates rights”. However, given the fact that questions submitted by opposition parties usually go unanswered, the same questions were submitted to the Ministry through a request for information, which makes a response mandatory.

The questions submitted by MP Tanal are:

  • Are there any occupational trainings regarding the problems and special needs of lesbian, gay, bisexual, and trans detainees and convicts given to correctional officers, teachers, social workers, psychologists, sociologists, and health personnel working within the prison system?
  • In the recruitment process for the aforementioned personnel, are there any criteria requiring knowledge and experience that are to be met on LGBT persons’ human rights and special needs?
  • Are there any awareness-building and violence prevention programs given to correctional officers and other inmates on combating stereotypes based on sexual orientation and gender identity, exclusion and violence?

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Turkish Ministry of Justice: “We do not do any work on LGBT citizens’ human rights”

The Turkish Ministry of Justice responded to an application to acquire information on LGBT rights: “There is no work on the protection and recognition of lesbian, gay, bisexual and trans citizens’ human rights conducted by our Ministry.”

Source: Murat Köylü, “Turkish: ‘Adalet Bakanlığı: LGBT yurttaşların haklarına dair hiçbir faaliyetimiz yok”, (“Turkish Ministry of Justice: We do not do any work on LGBT citizens’ human rights”), Kaosgl.org, December 30, 2014, http://kaosgl.org/sayfa.php?id=18362

An application to acquire information on LGBT rights made in November by the main opposition party’s, the Republican People’s Party (CHP), MP Mahmut Tanal, a member of the Parliamentary Human Rights Commission, was responded to by the Ministry of Justice.

“There is no work on LGBT citizens’ human rights”

In response to application to acquire information, the Presidency of Education Directorate affiliated to the Ministry of Justice stated “there is no work on the protection and recognition of lesbian, gay, bisexual and trans citizens’ human rights conducted by our Ministry. For Ministry personnel at any level, including those working in local bodies, we have not implemented any work so far in order to raise awareness on the issue.”

With reference to the response, concerns regarding the fact that the Ministry has no approach to and given no priority to LGBT citizens, apart from the Ministry’s both internally and externally very much criticized “LGBT prison”policy, were confirmed. This comes despite Turkey’s LGBT citizens, civil society organizations, opposition parties [the Republican People’s Party (CHP) and the People’s Democratic Party (HDP)] and the United Nations, the Council of Europe and the European Union emphasising how vital it is.

Tanal applied via the Act of Right of Information Acquirement

CHP MP Tanal submitting a parliamentary question “regarding LGBT rights” to the Minister of Justice, Bekir Bozdag, brought the same issue to the agenda of the Ministry by applying under the Act of Right of Information Acquirement having considered that most of the opposition parties’ parliamentary questions are left unanswered. According to the Act, the applicant should access the requested information or document in 15 working days. Otherwise it is sent to the supreme board and administrative jurisdiction.

MP Tanal asked the following questions:

  • Is there any work on the recognition and protection of LGBT citizens’ human rights in your Ministry in line with Turkey’s national and international obligations? What kind of work and to what degree are they conducted?
  • Is there any work [on LGBT citizens] for Ministry personnel at any level, including those working in local bodies? What kind of work and in to what degree are they conducted?

MP Asks Prime Minister Davutoğlu Parliamentary Question on the Ministry of Religious Affairs’ Fatwa Hotline and Homosexuality

Aykan Erdemir, a parliamentarian from the Republican People’s Party, filed an official parliamentary question asking Prime Minister Ahmet Davutoğlu to comment on the fatwa hotline of the Ministry of Religious Affairs. (PDF)

TO THE PRESIDENCY OF THE TURKISH GRAND NATIONAL ASSEMBLY

I present my questions below and request that they be answered in writing by Prime Minister Ahmet Davutoğlu.

Respectfully,

Asst. Prof. Dr. Aykan ERDEMİR
Member of Parliament from Bursa

In the Milli Gazete dated 25 November 2014, there was a news story about a meeting which the European Parliament had arranged in Tirana in connection with the rights of lesbian, gay, bisexual, and transgender people, where a member of parliament, the Government Auditing Commission, and NGOs from Turkey participated.

In the aforementioned news story, it was alleged that an inquiry “concerning participation in the meeting” had been directed by the employees of the Milli Gazete to the Ministry of Religious Affairs’ Hello Fatwa Line, and that a reply had been received saying that “It is certainly a perversion and is forbidden by our religion. Those who give support to such a meeting in a positive sense have accepted spiritual responsibility [for this sin]. It is necessary to publish the evil of this through the agency of NGOs”; and the aforementioned fatwa was shared.

In this connection:

  1. Was a question with the heading “concerning participation in the meeting” directed to the Ministry of Religious Affairs’ Hello Fatwa Line, as alleged in the aforementioned news story? If so, what kind of answer did the Ministry of Religious Affairs give?

  2. From 2002 until now, how many questions, and questions about what subjects, have been addressed to the Hello Fatwa Line either by homosexual and transgender citizens and their family members or in connection with the condition of homosexual and transgender persons? In what form and with what content have answers been given to these inquiries?

  3. What are the “religious and non-religious written sources” that the Ministry of Religious Affairs’ public services, including the Hello Fatwa Line, have taken or provided as references within the framework of the issue of discrimination, hate, and violence directed at homosexuals and transgender citizens? Do they include the human rights corpus, such as the “Universal Declaration of Human Rights” and other conventions and documents derived therefrom, the European Human Rights Convention, and the decisions of the European Court of Human Rights?

MP asks the Ministry of Justice about Hate Crimes

Melda Onur, a prominent parliamentarian in Turkey, filed an official parliamentary question, asking the Ministry of Justice about hate crimes against LGBTI individuals and formal measures taken against such crimes (PDF file).

The Grand National Assembly of Turkey

Republican People’s Party (CHP)

Group Presidency

Date: 20 October 2014

No: 31239

To the Presidency of the Grand National Assembly of Turkey

I request that my questions below be answered by the Minister of Justice, Bekir Bozdağ, in writing.

Melda Onur

Member of Parliament from Istanbul

In Turkey, the othering of those who are perceived as different is transforming into hate murders when encouraged by the hate speech of some opinion leaders. The most obvious targets of these murders are LGBTI individuals and hate crimes against these individuals are increasing daily.

The murders that have been occurring in various cities show that the government does not take permanent legal measures or precautions against discrimination based on sexual orientation and gender identity.

These attacks, which especially target trans individuals, have most recently led to both the discovery of the dead body of a trans woman, Gypsy Gül, in her Istanbul home as well as the brutal murder of trans woman Corti Emel. Effective investigations are not conducted after these attacks, which threaten the right to life; the punishments given to the criminals do not act as deterrents.

On the other hand, the “Bill to Amend Various Laws to Improve Fundamental Rights and Freedoms”, more commonly known as the “Democratization Package” was put forth by the government in March and passed as law by the Parliament. With the Democratization Package, the phrase “hate” has been included in law for the first time. However, the terms gender identity and sexual orientation have not been included in the law and no added punishment will be given if sexual assault and sexual harassment, etc. are conducted with motivation rooted in hatred.

Therefore, the inability to prevent physical and verbal assaults against LGBTI individuals across the country is a reflection of this legal vacuum.

As such,

  1. In the new legislative year, do you foresee additional arrangements to include attacks against LGBTI individuals within the scope of hate crimes?

  2. Does your ministry’s agenda include an action plan to prevent hate motivated attacks and murders that target LGBTI individuals? Are you considering coordination with other institutions?

  3. What is the number of trans and gay individuals who have lost their lives due to hate crimes in the last five years? What is the distribution of these across different cities?

  4. How many people have been tried for hate crimes against LGBTI individuals up to today and what is the total amount of jail time that these people were sentenced to?

HDP’s Pervin Buldan Submits Parliamentary Question to Ministry of Justice on LGBT Rights

Source: Attached.

Grand National Assembly of Turkey

Peoples’ Democratic Party (HDP)

Group Presidency

No: 482

Date: 10.07.2014

TO THE PRESIDENCY OF THE GRAND NATIONAL ASSEMBLY OF TURKEY

I respectfully request the Ministry of Justice Bekir BOZDAĞ to respond to the questions below in writing in accordance with the 98th bylaw of the Constitution and the 96th bylaw of the Standing Orders.

Pervin BULDAN

HDP Group Deputy Chairman

Member of Parliament for Iğdır

 

On 2 July 2014, 17-year-old successful sports player and trans man dubbed ‘Efe Özyavuz’ by the public and the media, and who named himself Okyanus, ended his life.

As the words Okyanus shared on his social media account about his suicide clearly demonstrate: suicide is a valid concept that is experienced by all individuals who have different sexual orientations and who are the focus of hate speech due to their preferred sexual orientations.

LBGT individuals live out their lives in the clamp of violence created by the state and society’s pressure. In fact, hate speech and the violence created by these discourses and pressure is ignored and violence is seen as suitable for LBGT individuals. Every mechanism from laws to social norms clearly and openly seize LBGT individuals “right to life” as seen in this event.

In this way,

  1. Has your ministry led any efforts on the event of this death and its causes? If not, what is the reason?

  2. Do you think that the violence LBGT people are exposed to and its results are caused by the penal laws and the negative attitudes of police and legal mechanisms? Do you think the results that are caused by the laws and its practitioners constitute “violations of the right to life”?

  3. Are legal efforts regarding hate crimes on your agenda? If so, what is the scope?

  4. Are you considering any arrangements on hate crimes committed against LBGT individuals who are the focus of hate speech and who are not protected by any laws?

  5. What are the rates of LBGT individuals, who are increasingly the focus of hate speech and violence, applying to judicial mechanisms?

  6. What is the number of people who have been tried and punished for attacking LBGT individuals?

  7. What is the reason behind the fact that there are no effective trials in events of violence against LBGT individuals?

HDP Question to Ministry of Justice