Rights Violations in 2015

Rights violations on the basis of sexual orientation and gender identity in 2015 in Turkey

Genetically Modified Tomato Awards Presented: 140Journos, Istanbul University…

12th Genetically Modified Tomato Awards were  distributed at the ceremony on Thursday. Boysan Yakar, Zeliş Deniz and Mert Serçe, the activists who lost their lives last year, were also commemorated in the ceremony.

Source: “Hormonlu Domatesler Sahiplerini Buldu: 140Journos, İstanbul Üniversitesi…”, BİA Haber Merkezi, June 24, 2016, http://bianet.org/bianet/lgbti/176181-hormonlu-domatesler-sahiplerini-buldu-140journos-istanbul-universitesi

12th Genetically Modified Tomato Awards found their new winners on Thursday in a ceremony at Şişli Urban Cultural Center.

There were stage performances at the ceremony and the entire audience danced to commemorate the three activists who lost their lives last year, Boysan Yakar, Zeliş Deniz and Mert Serçe.

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Yeni Akit daily received the majority of the votes in the media category with its headline “The number of deaths increased to 50 at the bar visited by the perverted homosexuals” following the Orlando attack, but since the newspaper has continuously perpetrated hate speech with its news and won the award repeatedly, it was given the “Lifetime Genetically Modified Tomato” award.

In the “media” category the award was merited by 140 Journos, which used a transphobic language while covering last year’s Trans Beauty Pageant, and announced its nomination for Genetically Modified Tomato Awards upon the criticism it received. Other nominees in this category were Sabah daily, Cem Keçe and Hürriyet Aile, Hayrettin Karaman of Yeni Şafak, Milat daily and its reporter Enes Babacan, Vahdet daily, Milli Gazete and Yeni Akit.

(more…)

32 Hate Crimes Directed at LGBTI People Appeared in the Press in 2015

According to Kaos GL’s Sexual Orientation and Gender Identity-based Human Rights Observation Report, in the year 2015 there were 5 hate crime-murders, 32 hate crimes, 2 cyber-attacks and 3 suicides appeared in the press.

Source: Kaos GL, “2015’te LGBTİ’lere yönelik 32 nefret saldırısı basına yansıdı!” (“32 Hate Crimes Directed at LGBTI People Reflected in the Press in 2015”), kaosgl.org, May 25 2016, http://kaosgl.org/sayfa.php?id=21730

The Kaos GL Association has published its 2015 Sexual Orientation and Gender Identity-based Human Rights Observation Report. The report, which the association has published regularly since 2006 to monitor the human rights violations of lesbian, gay, bisexual and transgender individuals, contains striking conclusions about this past year.

5 hate crime-murders, 32 attacks!

General findings are listed in the introduction of the report as follows:

“2015 was a year in which bombs exploded, massacres occurred, systematic attacks were carried out against social groups at the government’s hand, surveillance and detentions were carried out, and the most basic right, the right to life, was not protected. From the perspective of LGBT rights, alongside positive developments it was a year in which generally the routine was not broken;

“Throughout the year of 2015, there were 5 hate crime murders, 32 hate crime attacks (with more than 15 committed by more than one person, 2 at the hands of the police, 12 with a sharp object, 2 with a firearm, and 1 with arson), 2 cyber-attacks, and 3 cases of suicide that were reported to the media;

3 instances of discrimination were reflected in the media. Of these instances, 2 occurred in prison and 1 occurred in the workplace. Out of 9 cases of hate speech, 4 were produced by political figures and 3 appeared in newspapers known to be close to the ruling government.”

Call for killing of LGBTI people

“The societal reflection of hate speech can be [a] hate crime. The attacks by police at the Pride March and ensuing instigation of hate at the hands of politicians turned into a call for murder. A group calling themselves the Young Islamic Defense hung posters on the streets of Ankara calling for the killing of LGBT people.”

Censorship for the internet

“Administrative measures were taken by Turkey’s Telecommunications Directorate (Telekomünikasyon İletişim Başkanlığı, or TIB) against 7 LGBT websites. Of these decisions, 1 was lifted by TIB after making its way into the press and another after being appealed to TİB. However, 5 sites still cannot be accessed. In 2 cases students were attacked because of LGBT banners and a rainbow flag at a university. Bafra Penitentiary denied prisoners access to Kaos GL publications on the grounds of its “obscene” content.”

“The police attacked the Pride March with plastic bullets, teargas, and water cannons; a number of people were injured.”

“The Constitutional Court identified the state’s official relationship format by using the expression ‘unnatural relation,’ in clear violation of the Constitution.”

The report only contains cases reflected in the media

While emphasizing that only cases reflected in the media were reported, problems experienced in the reporting process are outlined in the report as follows:

“The violations found in the report are cases reflected in the media only. For this reason this report does not display all of the human rights violations experienced by lesbian, gay, bisexual and transgender (LGBT) people in Turkey

“We have presented this report as the 2015 Sexual Orientation and Gender Identity-based Human Rights Violation Observation Report. However, our struggle continues in reaching the problems of gay and bisexual women and the discrimination and human rights violations suffered by transgender men.”

The report contains separate sections on ‘hate crimes and violations of the right to life,’ ‘discrimination and hate speech,’ ‘freedom of expression,’ and ‘lawsuits taking place and ending in 2015.’ Violations reflected in the media over the course of a year are listed.

What should be done?

The conclusion of the report lists the necessary steps for getting ahead of human rights violations as follows:

  • Lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals should be granted equal civil rights in the Constitution and “sexual orientation, gender identity, and intersex status”(CYCKİD) should be protected categories in the Constitution’s discrimination article
  • Adjustments should be made to the Turkey Human Rights and Equality Foundation Law to include protections for CYCKİD; the law should be rewritten to take into account Civil Society recommendations about the impartiality of the foundation
  • LGBTI people should be included in public social policy
  • Effective campaigns should be led against the homophobic and transphobic hate speech of politicians, public authorities, and opinion leaders
  • All relevant public institutions, especially the Directorate General of Migration Management, should develop sensitivity towards and policies related to the various problems of LGBTI refugees
  • The Turkey Human Rights and Equality Foundation and the Ombudsman Institution should handle all violations of human rights, democracy, and law that come under its jurisdiction with an approach based on sexual orientation and gender identity
  • Clauses on sexual orientation and gender identity should be added to articles regulating discrimination law in the judicial system
  • Regulation regarding hate crimes should be expanded to cover basic rights such as the right to life, bodily integrity, education, and shelter alongside hate speech, and clauses on CYCKİD should be included in hate crime regulation. The necessary punitive measures should be taken for hate crimes directed at LGBTI (lesbian, gay, bisexual, transgender, and intersex) individuals; modifications in the law should be made to prevent reduced sentences for “grievous provocation” following hate crimes
  • Ambiguous phrases such as “general morality,” “public decency,” “obscenity,” “immodesty,” and “infamous crimes” used in the Turkish Republic Constitution, the Turkish Penal Code, Civil Code, Law of Misdemeanor and various other foundations and institutions should be taken out of regulation or readjusted in a way that cannot be interpreted as against LGBTI (lesbian, gay, bisexual, transgender, and intersex) people.
  • Turkey should immediately take all necessary legal and political steps to fully comply with the 2010 Combating Discrimination on Grounds of Sexual Orientation and Gender Identity Recommendations from the Committee of Ministers of the Council of Europe, of which Turkey was a founding member
  • In the investigation and prosecution stages following rights violations such as hate crimes, discrimination, and police violence suffered by LGBTI people, precautions should be taken to eliminate the discriminatory and/or prejudiced attitudes of law enforcement officers and forensic units, which heighten the victims’ suffering
  • The classification of homosexuality and transsexualism in the Turkish Armed Forces Health Code as “sexual identity and behavior disorders” and practices suffered by homosexual, bisexual, or transgender individuals that damage their honor and dignity should be eliminated
  • The Turkish Armed Forces Discipline Code, which punishes homosexuality by stigmatizing it as an “unnatural relation” and leaves the homosexual officers in question to fall victim to discrimination in the workplace and lose their jobs, should change and homosexuality should no longer be considered a crime.
  • The government should regulate CYCKİD discrimination in work life. Regulations directed at LGBT workers should be made in job announcements, hiring, continued work relationships, and termination. Sexual orientation, gender identity, and intersex status should become protected categories under the discrimination article in the Labor Law
  • Societal and institutional educational programs to eliminate the rights violations experienced by LGBTI people in education, employment, and health in the public sector and private institutions, as well as in access to services, should be applied and followed as a positive obligation of the state.
  • On every subject relevant to human rights and especially when making changes related to the prevention of discrimination, opinions from the United Nations, Council of Europe, European Union, and related units should be taken into account. Human rights organization, organizations that work in the field of women’s human rights, and LGBTI organizations should work in collaboration to accomplish all of these endeavors.
  • Statistical studies to aid in bringing discrimination to light should be completed.
  • To ensure fair trials, human rights education based on homophobia, transphobia, and discrimination should be designed for law enforcement officers and members of the judicial branch. This education should be carried out in collaboration with civil society organizations.
  • Prison schemes should be designed with respect to sexual orientation and gender identity; an end should be put to isolation.
  • Pursuant to all of these endeavors, dialogue and collaboration should be established between LGBTI organizations and public establishments and Parliament.

Access report here [Turkish]

Court Sentences Trans Woman who was Denied Access to Health Care

The trans woman, who was refused to be examined by a gynaecologist who told her “You are a man, I do not condone your situation”, has been sentenced to one year and two months of prison.

Source: “Doktor Muayene Etmedi, Üstüne Mahkeme Ceza Verdi”, (“Doctor Who Didn’t Examine Trans Woman, Court Punished Trans Woman”), bianet, 8 December 2015, http://bianet.org/bianet/saglik/169985-mahkeme-saglik-hakki-engellenen-trans-kadina-ceza-verdi

Trans woman H.Ç. has been sentenced to one year and two months in prison after gynaecologist F.H. refused to treat her because of her transsexuality and then filed a lawsuit claiming insult against her. The Ninth Istanbul Criminal Court of First Instance decided to delay the punishment.

H.Ç.’s application to the prosecutor’s office regarding the gynaecologist who refused to examine her was rejected because the governorate did not allow an investigation.

She said “you are a man” and did not examine trans woman

Last year, H.Ç. received her gender reassignment surgery in a private hospital and went to the General Surgery Department of Reşat Belger Göz Eğitim Araştırma Hastanesi (Eyesight Training and Research Hospital) in Beyoğlu, Istanbul on 31 March 2014 to get a prescription.

According to H.Ç., General Surgery directed her to the Maternity Ward Service. However, F.H. who worked in that service said, “It is not my specialty, I will not do the examination. You are a man, I do not condone your situation” and refused to examine H.Ç. H.Ç. told her that she’ll file a complaint against her and the doctor F.H. said, “Go complain wherever you want.”

H.Ç. went to the chief physician with her lawyer and filed a complaint. Dr. F.H. made a criminal complaint against H.Ç. for the claim of insult.

On 15 September, H.Ç. filed a complaint against the doctor for “discrimination, insult, preventing access to the right to medical treatment and negligence in medicine.” The governorate did not allow the investigation after the complaint.

Social Policies, Gender Identity and Sexual Orientation Studies Association (SPoD LGBTI) lawyer Rozerin Seda Kip objected to the governorate’s decision but her objection was denied by a majority of votes at the Istanbul Regional Administration Court.  

More on this case:

https://lgbtinewsturkey.com/2014/10/10/dr-fatma-hut/

https://lgbtinewsturkey.com/2014/10/10/dr-fatma-hut-update/

Another Transphobic Murder in Istanbul

 

On the evening of 2 December at approximately 20:30 in the Avcılar district of Istanbul, a trans woman was stabbed in the heart and killed on the street she worked.

Source: “İstanbul’da Yine Transfobik Cinayet!”, (“Another Transphobic Murder in Istanbul”), pembehayat.org, 2 December 2015, http://pembehayat.org/haberler.php?id=933

The trans woman, Alev, lost her life as a result of being stabbed through the heart by a man who approached her as a customer while she was working on the street.

While Alev died at the crime seen as a result of the transphobic hate crime that occurred around 20:30 today (02.12.2015), her friends rushed to the police station. The Avcılar police department also brought in Alev’s trans woman friends for questioning about the murder, which occurred in the Haramidere neighborhood.

Alev’s friends said that the murder was carried out by a man who approached her like a customer.

While the investigation about the crime is still ongoing, the murder suspect has yet to be caught.  

In the past ten days in Istanbul there have been two back to back transphobic hate crime murders. On the afternoon of November 23rd, a woman named Nilay was stabbed in front of her own home in Maltepe and then strangled with the sash of her robe. Following this, Alev lost her life as a result of a knife attack.

Following the lynching attempts at the Meis apartment complex, which began in 2012, many trans women in Avcılar have become a target for hate crimes.

Previously, a mob gathered in front of the homes of the many trans women who live in the Meis complex hurled threats at the women with torches in hand, and shot bullets into their houses. A lawsuit filed about the Meis complex attacks on the premise that they interfered with the right to housing is still ongoing.

Transphobic discrimination from the police

The Istanbul LGBTI Solidarity Association, which accompanied a lawyer to the police station after the murder, criticized the police officers’ disinterested, discriminatory and transphobic attitudes through a post on their social media. Istanbul LGBTI shared that while waiting with the lawyer, they heard the police officers say “There are so many fags, friend:”

“Alev gets stabbed in the neck with a knife in the area she works. She runs to the truck lot located in the area behind it and asks for help. But because her carotid artery was severed, she collapses to the ground before an ambulance can even be called.

“The murderer is among us right now. He could be sitting next to us on public transportation. Or he could be walking right behind us when we walk home.

“The police are saying, ‘There are so many fags.’ Now, let’s sit and think about this. Is the murderer only the person who pulled the knife on Alev? Of course not! The murderer is also the police and the state who say, ‘There are so many fags’ and take no notice of our right to life, instead of finding the perpetrator!

“Trans murders are political!”

The attack will be protested in Ankara

Following the transphobic murders that have occurred recently, the Ankara LGBTI organizations Pink Life, High School LGBTI, and Kaos GL have sprung into action. On 3 December at 18:30 there will be a press release to protest these hate crimes in front of the Yüksel Human Rights Monument.

 

Gay inmate: “It wears me down to be penalized on top of my sentence”

“Some of us only wish for a cup of tea.”

Source: “Hücre cezası uygulanan eşcinsel: Ceza içinde ceza yatmak beni çok yıpratıyor” (“Gay inmate: It wears me down to be penalized on top of my sentence”), T24, 1 December 2015, http://t24.com.tr/haber/hucre-cezasi-uygulanan-escinsel-ceza-icinde-ceza-yatmak-beni-cok-yipratiyor,318524

14 LGBTI inmates in Alanya L-Type Closed Prison are serving time in solitary cells – a practice that only applies to convicts sentenced to aggravated life imprisonment – and are denied a special ward despite their numbers. Lawyers affiliated with the Alanya Board of Women’s Rights say, “The convicts are held in confinement 23 hours a day and are let out for fresh air for only an hour.” The convicts reported on their situation in letters that they sent to non-governmental organizations:

“I feel suffocated. It wears me down to be in a situation I did not deserve and to be penalized on top of my sentence. … I am only allowed to get fresh air in the yard for an hour a day as if I am sentenced to solitary confinement. If I were, it would not feel this horrible.”

“There are 15-20 of us here with reports that identify us as gays. But they don’t open a ward for us. We are serving our time like our friends who are sentenced to aggravated life imprisonment. The well-off ones among us have things like a TV, a fridge, or an electric teapot. Others don’t have anything and only wish for a cup of tea. If there was a ward and we all lived there, we would at least have an environment to share things among us.”

“They only let us out for an hour a day and they let us out one by one. I can’t sit down and have a conversation with any one of my gay friends. You could guess that we are already ostracized by our families because we’re gay. Our mental state is already off. We need to support each other at times like these, but we’re further banished by the government instead.”

Turkey had been convicted

Turkey was convicted by the European Court of Human Rights as a result of a lawsuit known as “X v. Turkey” about a gay individual who was confined to a solitary cell for 8 months. It is also against Turkish law to confine an inmate to a solitary cell without a sentence to that effect.

“The capacity is much higher [than stated]”

During the lawyers’ visit, prison director Ali Şeref Gül reportedly said, “The prison has a capacity of 480 inmates, though it currently holds more than 1600 convicts and detainees. So it is difficult to assign a special ward for people suffering from homosexuality.”

The capacity of the prison is stated as 1820 inmates on the website of the Ministry of Justice. The prison authorities that we were able to reach stated that the capacity is higher than 1820 inmates.

Several NGOs are collecting signatures for a petition to lift the solitary confinement penalty on gay inmates and vowed to follow up with the petition. The following is a list of the NGOs behind the petition:

 

Afyon LGBTİ Kuruluşu

Akdeniz Pembe Caretta LGBTQ

Bilgi Gökkuşağı

Boğaziçi Üniversitesi LGBTİ Çalışmaları Kulübü (BÜLGBTİ)

Boğaziçi Üniversitesi Sosyal Hizmet Kulübü (BUSOS)

Bursa Özgür Renkler LGBTİ

Ceza İnfaz Sisteminde Sivil Toplum Derneği (CİSST)

Cinsel Şiddetle Mücadele Derneği

Çağdaş Hukukçular Derneği İstanbul Şubesi

Dokuz Eylül Üniversitesi Eşit Şerit Topluğu

Edirne LGBTİ Çalışma Grubu

Erktolia

Erzincan Katre Kadın Oluşumu

Flu Baykuş

Görülmüştür

Hebun LGBT Diyarbakır

Hevi LGBTİ

İnsan Hakları Derneği Genel Merkez

İnsan Hakları Derneği İstanbul Şubesi

İnsan Hakları Derneği Sakarya Şubesi

İstanbul LGBTİ Dayanışma Derneği

İzmir LGBTİ İnisiyatifi

Kaos GL

KESK Kadın Meclisi

Keskesor LGBTİ Diyarbakır Oluşumu

Kırmızı Şemsiye Cinsel Sağlık ve İnsan Hakları Derneği

Lambda İstanbul Derneği

LGBTİ Aileleri ve Yakınları Derneği (LİSTAG)

Liseli LGBTİ

Mahsus Mahal

Malatya Gökkuşağı LGBTİ İnisiyatifi

Mersin 7 Renk LGBTİ Derneği

Moira Kadın Dayanışma Derneği

MorEL LGBTİ

Muş Kadın Derneği (Mukadder)

Özgürlükçü Hukukçular Derneği

Pembe Hayat LGBTT Dayanışma Derneği

Pozitif Yaşam Derneği

Sınır Tanımayan Kadınlar / Göçmen Kadınlarla Dayanışma Grubu

Siyah Pembe Üçgen İzmir

Sosyal Politikalar Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği (SPoD)

T-Klüp

Toplumsal Dayanışma İçin Psikologlar Derneği

Toplumsal Haklar ve Araştırmalar Derneği

Trabzon Mor Balık LGBT

Yeni Demokrat Kadın

Yoğurtçu Kadın Forumu

Queer Documentaries

Inquiry into Policemen who Attacked the Pride Parade was not Permitted!

 

The Governorship of Istanbul has not permitted a legal inquiry to be initiated against the police who attacked the Pride Parade, injuring many people and detaining journalists.

Source: “Onur Yürüyüşü’ne Saldıran Polislere Soruşturma İzni Çıkmadı!” (“Inquiry into Policemen who Attacked the Pride Parade was not Permitted!”) KaosGL.org, 25 November 2015, http://kaosgl.org/sayfa.php?id=20603

Following the police attack of LGBTI organizations’ 2015 Pride Parade, the official complaint for trial of the officials of the General Directorate of Riot Police was finalized. The Governorship of Istanbul has not permitted inquiry into the policemen who attacked the parade.

The Governorship, stating that the Pride Parade had been “banned”, defended that the police attack that occurred throughout the day was “within the legal limits”. It further argued that there was not “any information, document, or video recording in relation to misconduct of the policemen”, despite the evidence submitted by LGBTI organizations and images shown in the media.

LGBTI organizations had filed an official complaint

LGBTI organizations had filed an official complaint, with regard to the police attack of the Pride Parade, concerning the Minister of Interior Affairs Sebahattin Ozturk, Istanbul Governor Vasip Sahin, and Istanbul Police Chief Selami Altınok, who executed the unlawful order.

Kaos GL, Lambdaistanbul, SPoD LGBTI, and Red Umbrella requested that the responsible parties be tried based on the following crimes: wounding with intent, torture, persecution, mistreatment, coercion, transgression of right to use force, misconduct, issuance of unlawful order and execution thereof, prevention of exercise of freedom of speech, prevention of exercise of freedom of association and right to hold meetings and demonstration marches, and restriction of liberty.

What happened at the Pride Parade?

The police attacked the Istanbul LGBTI Pride Parade with tear gas, water cannon, and plastic bullets. The protesters were detained, the journalists were assaulted. Yıldız Tar, KaosGL.org’s Editor, and Cicek Tahaoglu, Bianet’s Women and LGBTI News Editor, were among the detained and battered journalists.

Members of the Parliament from HDP and CHP stood hand in hand in opposition to the police. The rainbow flag flew in all of Beyoglu’s streets despite the police attack that went on throughout the day. The Governorship of Istanbul stated that the police “interfered” with the Pride Parade due to the possibility of “provocation”, even though there was no trouble of any kind until the police attack.

Following the Istanbul LGBTI Pride Parade, as the Governorship claimed there were “no injured people”, it was discovered that many were injured after being subject to police brutality. Among the injured was Sinan Onder Duman. Duman was injured in his right eye due to the targeted shot of a plastic bullet by the police.

Even though the Governorship alleged that no one suffered any injury, LGBTI activists were attacked by unidentified assailants in civilian dress, in Tophane. One person’s nose and another’s hipbone were broken.

Trans Woman Stabbed And Strangled To Death

Nilay, a trans woman in Maltepe, Istanbul has been found dead at her home. She was first stabbed and then strangled with the bathrobe belt. Police told Istanbul LGBTI activist who requested information, that “Already dead, why do you care?”

Source: Pembe Hayat, “Trans Kadın Önce Bıçaklandı Sonra Boğularak Öldürüldü!”, pembehayat.org, 24 November 2015, http://www.pembehayat.org/haberler.php?id=923

Nilay, a 33 years old trans woman in Maltepe, Istanbul lost her life after a transphobic hate crime. Nilay who was attacked yesterday (23 November) around noon at her house suffered several stabbings on her body. The murderer strangled her with the bathrobe belt after stabbing her.

Yanki Bayramoglu, friend of deceased Nilay stressed the fact that this transphobic hate crime took place right after 20 November Transgender Day of Remembrance:

First he stabbed her, then strangled!

“The attack took place yesterday after 3pm. Our mutual friend Emel talked to Nilay on the phone around 3 pm. Nilay said that her client was about to arrive and then she hung up. Later, we tried to call her again but couldn’t reach her. Emel got suspicious at night and went to her home. She kept knocking on the door but there was no answer. They called for a locksmith and found Nilay’s dead body.”

“I saw the house myself, too. Everything was scattered. There was blood. The girl’s body was stabbed everywhere. In the end when she was in death agony, he strangled her with the belt of a bathrobe, and left her there with the knife he used.”

The family is on the road to pick up the funeral

After Nilay’s friends found her body, they called the police. CSI team and the state prosecutor decided to move Nilay’s body to Kartal Training and Research Hospital’s morgue.

Bayramoglu, stated that they informed the family of Nilay and they are on the road from Diyarbakir to pick up her body.

Police to Istanbul LGBTI activist: “Already dead, why do you care?”

Kivilcim Arat from Istanbul LGBTI Solidarity Association said that they kept calling police offices all night after they heard about the attack in order to get concrete information. However, they were not informed by the police officers. Arat, “Police officers talked to me in a very disrespectful manner and mockingly. We were trying to get information for legal follow up procedures, but they did not provide us any information. They said “already dead, throat is cut open, why do you care” and such other sentences.”

According to the information provided by police to Yanki Bayramoglu, the suspect has not been identified yet. Istanbul LGBTI lawyers will follow up the legal process after murdering.

Transphobic Hate Attack Three Days Ago!

On 20 November Transgender Day of Remembrance, a trans woman was attacked by a group of men in Istanbul. Around 3 am in the night, Adriana was wounded by a pry bar.

Lesbian Dating Site Banned Over “Obscenity” Back Online

Source: Çiçek Tahaoğlu, “Lesbian Dating Site Banned Over ‘Obscenity’ Back Online”, bianet, 17 November 2015, http://bianet.org/english/lgbti/169339-lesbian-dating-site-banned-over-obscenity-back-online

The administrative measure against lesbian dating site www.lezce.com, blocked over “obscenity”, has been lifted a few hours after the incident took place.

Web administrator Erman Paçalı telling the ban has been lifted after the incident took place and was in the media, said the following:

“They shut down the website and lifted the ban out of the blue. We haven’t made any change on the website as to the content. We hadn’t managed to contact an authority from TIB despite all our efforts. When we looked at the Presidency of Telecommunication’s (TIB) query panel, the administrative measure appeared on the screen. When we repeated the same query 20 minutes ago, it states there is no decision implemented as to this website.

“The decision to lift the ban hasn’t been issued to all service providers yet, but it will be by the end of the day”.

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What had happened?

Speaking to Bianet, web administrator Erman Paçalı had said that the site doesn’t have any content that could be a subject to blocking, they couldn’t find any addressee regarding the matter, and they will go to court to stop the execution.

Source: Çiçek Tahaoğlu, “Lesbian Website Blocked over “Obscenity”,” bianet, 17 November 2015, http://bianet.org/english/lgbti/169329-lesbian-website-blocked-over-obscenity

Turkey’s only lesbian dating website, http://www.lezce.com*, has been banned for “obscenity”.

“Since obscenity can’t be determined by looking at a user name and password page on our home page, it has obviously been aroused by the name ‘lezce’. We are face to face with an administration that is aroused by letters. These practices encourage homophobia by state itself”, said the administrator of the webpage that operates on a membership system.

Lezce.com content advisor and administrator Erman Paçalı speaking to Bianet said they couldn’t find any addressee relating to the blocking decision and that they will file a complaint with the administrative court to grant a motion for stay of execution.

“We’ve sent our petition to the Presidency of Telecommunication (TIB) but it is unclear when they will respond since there is no law imposing a time limit on TIB. TIB experts conveyed via central office that they won’t contact us directly. We can’t find any addressee. It is not clear what is obscene in the content and what sort of evaluation they made.

“This decision violates the principle of equality. We will go to the district administrative court to stop the execution. We want a verbal hearing because we want to express ourselves”.  

TIB doesn’t inform

Paçalı said they have tried to contact TIB but they couldn’t receive any information regarding even the grounds of the decision.

“Whenever we wish to contact the institution, they express that there is prime ministerial circular stating experts cannot be met with. Thus, as far as we understand there is a circular allowing them to not meet with anyone if they wish to do so.”

Paçalı added that TIB has taken the decision based on “reasonable doubt” and “in order to constitute reasonable doubt, there must be content in line with that. However, our home page doesn’t have any content except for username and password panel, and TIB doesn’t present any content as to the ‘doubt’”.

* Lez is shortened for lezbiyen, which means lesbian, and Lezce stands for Lezbiyence, which means lesbianish.

 

Defendant accused of murdering trans woman Çağla Joker gets a sentence reduction because of his age, then a reduction for having been ‘unjustly provoked’

In the case of Çağla Joker, the victim of a hate-crime killing in Beyoğlu last April, the court reduced the defendant’s sentence to ten years on the grounds of “unjust provocation.”

Source: Burcu Karakaş, “Çağla Joker’in katil zanlısına yaş indiriminden sonra bir de ‘haksız tahrik’ indirimi” (“Defendant accused of murdering Çağla Joker gets a sentence reduction because of his age, then a reduction for having been ‘unjustly provoked'”), Diken, 1 October 2015. http://www.diken.com.tr/cagla-jokerin-katil-zanlisina-yas-indiriminden-sonra-bir-de-haksiz-tahrik-indirimi/

Trans women Çağla Joker and Nalan suffered an armed attack in Tarlabaşı on the night of 20 April [2014], and 25-year-old Çağla Joker, wounded in the chest, lost her life at the site of the incident. H.T., sentenced to 16 years and getting a reduction for being 17 years old, said in testimony given in court:

“We met two persons who we supposed were women. We negotiated. He said he was a man. I asked him to give me back the money I had paid. He said he would not return the money and cursed vehemently.”

Though tried for intentional homicide and life in prison, the court reduced the sentence to 10 years in prison due to reductions for “unjust provocation,” “good behavior,” and on account of him being younger than 18.

Not returning the 50 liras was an unjust provocation

In its decision, the judicial panel gave its opinion that Çağla Joker’s failure to return the money that the defendant had paid constituted an unjust provocation. The following phrases appeared in the reasoning:

“The defendant wanted the 50 liras back, and when at every stage he demanded its return, the deceased asserted that they would not return the money; confronted with the declarations of the deceased, the defendant came under the influence of anger and distress, and under the influence of anger and distress drew his weapon.”

These punishments will not be effective in ending the murders

Lawyer Fırat Söyle, commenting on the decision for Diken, emphasized that the sentence reductions being applied to defendants accused of hate crimes would not help to end the murders, and said:

“Inflicting very severe penalties on those who act out of the hatred engendered by government and society will not put an end to hate-crime killings, nevertheless, we demand that the severest penalties be inflicted on defendants accused of hate-crime killings, in the name of satisfying a sense of justice within this system. Unless the material and moral culture of the government system and of society changes, the punishments handed down to defendants will, unfortunately, be ineffective in ending these murders.”

No one has taken ownership of the case

On the other hand, reacting to the fact that no one has taken ownership of the case, Söyle continued as follows:

“The slogans that slam the government, patriarchy, and transphobia, and the statements made by the press, fade away before three days have passed, and even before seven days have gone by, they are forgotten. Çağla, and people like Çağla, were not organized, and their circle was not ‘extensive.’ Çağlas are destitute people, and those who are left behind to weep and mourn for them are those who are like them. In the newspapers they get a single mention on the third page at most. The reactions immediately following their murders end up buried in deep silence as the trials progress.”

*Translator’s Note: The Turkish language does not have gender pronouns and translation into languages with gender pronouns poses a challenge. In this translation, we have opted to use several pronouns to describe the victim. In statements by the perpetrator, we used the pronoun “he” because the perpetrator argues that the victim was male. In statements by the court, we used the pronoun “they” because the sentences do not make clear how the court views the victim’s gender. This choice does not reflect an openness by the court to identify the victim as the gender-neutral pronoun “they,” but to reflect that the Turkish language does not have gender pronouns. In the journalist Burcu Karakaş’s narration, we have chosen the pronoun “she” as the journalist works on women’s and LGBTI rights issues.

Rainbow and Feminist Flags on LGBTI Activists’ Coffin Cause for Tip Off by “Informant Neighbor” and Police Questioning

Stepping into action in light of a tip off given by “neighbors” about a rainbow flag draped over the caskets of LGBTI activists Boysan Yakar and Zeliş Deniz, who lost their lives in a traffic accident, police went to the mourners’ home wanting to take a statement.

Source: “‘Muhbir komşu’ işbaşında: Tabuta örtülen gökkuşağı bayrağına ‘yasa dışı’ ihbarı”, (“The ‘Informant Neighbor’ is back at work: ‘Illegal’ tip off given about rainbow flag wrapped around casket”), Diken, 10 September 2015, http://www.diken.com.tr/muhbir-komsu-isbasinda-tabuta-ortulen-gokkusagi-bayragina-yasa-disi-ihbari/

We are coming because of the tip off

Ayşe Yıldırım, a writer with Cumhuriyet, explained what happened in her column today: “The garden gate was opened. Three civilian men with radios and papers in their hands came inside. It was around 11:00 in the morning. “Is the family of the funeral here?” they asked everyone sitting in the garden. The crowd pointed to Neriman Deniz. When the three men came came towards Neriman, because of the radios in their hands, she thought, “They are either police who came to express their condolences from the municipality or police who are going to give some information about the crash.” One of the men took out his ID and said, “I am a police officer, we are coming because of a tip off.”

boycan-cenaze

According to Yıldırım, the police said that they had come after getting a tip off that the funerals had been performed with an illegal organization’s flag. Neriman Deniz, who asked whether the feminist movement’s flag and the LGBTI movement’s rainbow flag were considered illegal, got “no, of course not,” as an answer.

Those flags were at Şişli Mosque, the police were there too

When Neriman Deniz asked, “Well then, why have you come?” the police said that they had taken action because of a tip off received from a neighbor. As a response, she said, “Do you all have no intelligence information at all? The television networks and newspapers covered the funeral. Did you not see that either? How can you come up to a wounded mother, to a house in mourning like this?”

When the police asked, “Wasn’t this the accident in Gallipoli?” Neriman Deniz said this in reaction: “You know that, but you do not know what flags were at the funeral. Those flags were at Şişli Mosque and the police were there too. The real terrorist in Turkey is the state, it is ISIS, let the police deal with them.”

Is it a crime to be a leftist in this country?

Following Neriman Deniz, the police this time headed towards Zeliş Deniz’s sister, and indicated that they had gotten a complaint about the funeral being performed with a PKK Flag. They then asked for Neriman Deniz’s ID to record a statement, but were forced to leave the house when the family said, “We will not give it to you, inform your superiors.”

Neriman Deniz, who was clearly very upset and angry about the police’s approach, showed her reaction by saying, “In the middle of the casket there was an LGBTI flag, at the head there was a socialist feminist flag and a purple kerchief, and at the foot there was a red flag. It was embroidered with roses and pictures. Is it a crime to be a leftist in this country? They cannot come into my house like this.”

Rampant Transphobia in Turkey: Trans Dentist Ece Loses Her Job But Is Defiant

Ece is a 41-year old dentist and a trans woman. A week ago, she lost her job, because her colleagues refused to work with her. Ece wants everybody to know that there is a trans dentist in Turkey.

Source: Yıldız Tar, “Bir Trans Kadın Mükemmel Olmak Zorunda” (“A Trans Woman Has to be Flawless”), kaosgl.org, 23 August 2015, http://kaosgl.org/sayfa.php?id=20063

In Turkey, being a trans woman is associated with one single thing: hate crimes. We associate trans women with bodies ruled by violence and life that resists violence. However, transphobia is not just hate crimes. Discrimination is ordinary and rampant. Making a living, finding accommodation, having access to medical treatment like everybody else are treated like excessive demands when they come from trans people.

Recently I received a phone call about this sort of discrimination. Istanbul LGBTI Solidarity Association told me about a 41-year-old trans woman who recently lost her job. Ece was fired from the clinic where she worked a week ago.

ecehanim1

I called Ece and introduced myself. Speaking hurriedly, she told me about herself and what she’d been going through. We scheduled an interview right away.

I first saw her in front of the French Cultural Center. She was sitting next to street musicians and listening to their music while waiting for me. We talked all the way down to Cihangir. She spoke with the palpable excitement of having finally found an audience.

“I thought I couldn’t find a job because I didn’t have experience”

Ece graduated from Marmara University in 2000. Two years later, she started working at the clinic where she was recently fired from:

“No one gave me a job back then except for them. At the time I didn’t understand what was wrong. I thought I couldn’t find a job because I didn’t have experience. The truth turned out to be different.”

Ece continued her work all the while knowing that something was wrong. Then she left for New Zealand, Thailand, the US, and the Netherlands. Back in Turkey, she returned to her former employer.

“The saddest part is not being accepted by my colleagues”

“I went back to my former employer because I had to: they were the only ones who treated me fine. I started immediately and went on for two years. At first, I felt accepted. Then I started putting on makeup. The other girl did too; why wouldn’t I? What mattered was my work. I wanted them to respect me the way I was and approach me knowing who I was. The truth is, no matter what I did, I wasn’t appreciated. Patients picked others over me.

“My colleagues called me ‘Bey’ [‘Mister’]. I asked them not to: I wanted them to simply call me ‘Doctor.’ The patients were confused by this.

“Finally my boss told me that he couldn’t tolerate the complaints about me anymore. He said we couldn’t work together anymore but it didn’t have anything to do with my work as a doctor. I offered to finish the scheduled work with my patients. He said no. I think the other doctors at work didn’t want me either. And that is the saddest part: that my colleagues would not want to work at the same place as me. I had to leave immediately.”

Ece reminds persistently that she was good at her job and that her boss acknowledged her skills too: “I love my job. I believe that I do it well. I’m certain that I’m not inferior to my colleagues and that I often approach my job more humanely than them. Money has never been the goal for me.”

ecehanim2

“Should I become a prostitute at this age?”

Having lost her job due to transphobic pressures, Ece asks if she is supposed to start prostitution for the first time to support herself. She doesn’t know what to do. On the other hand, she says she will start hormonal treatment in a couple of months. Hormonal treatment and the surgery to follow require money, a lot of money…

“I’ve always felt like a woman. I’ve always been trans but I’ve been lied to. Not one person told me that I was trans. And I didn’t consider myself trans either. Being gay and being trans are mixed up often. I think it has to do with the fact that most trans women are forced into prostitution. Even I believed that you weren’t trans if you didn’t do prostitution. Because I wasn’t a prostitute, I felt conflicted.

“I’ve been teased for acting like a girl, I’ve been lonely, I haven’t made friends. When you’re pushed into loneliness, you try turning into a man. I couldn’t see the truth that everybody else could. I’m really angry with myself.

“Being strong keeps you from seeing certain things clearly. I was not aware of my intelligence. I was not aware that I could perform pretty well. I tried to perform that I was a man. They thought I was a good performer, I thought I was terrible.”

“A trans woman has to be flawless”

I broach the topic of family. Without any reservation, she says she does not talk to them and goes back to discussing her employment:

“I haven’t talked to my family in 4 years. I was tired of hearing that I should get married every time I saw them. They were literally teasing me. My father passed away recently and I kept working even then. Nobody else would do that. I had to do it not to lose my job. Even though I didn’t talk to him, he was my father after all. You could say he was cold and heartless, but it’s more complex than that. A trans woman has to be flawless. Being average is not enough. So I am trying to be flawless. I try to conform to every situation. I even try to conform with my clothes, but I’m at my limit.”

Ece thinks she will face discrimination in any job:

“It won’t be different if I work as a sales clerk. They will tease me, stare at me, giggle, and complain to the boss. Now I understand why people go on to prostitution. I was mad at the people who chose prostitution but I think I understand them now. If you don’t have money, I don’t think there’s anything else for you to do.”

Ece explains that many trans women retreat into themselves because of their life experiences: “We shut ourselves in our homes. We shut ourselves off from the world.” And she asks:

“Is it okay when rock stars do it and not so when I do it?”

“Why am I harmful if I don’t bother anyone? What did I do to you? How have I done harm? Why do you care what I wear? Do I tell you what to wear? Is makeup for women only? Don’t men put makeup on too? Is it okay when rock stars do it and not so when I do it? Do you really have to be a rock star? The thing I want most is to be pretty. Nothing else. Why are they against beauty so much? What’s so wrong if we’re dolled up freely? I’m more comfortable with women’s clothes, that’s all.”

Ece says she stays strong despite everything and she will keep up the fight. I realize at that moment that I’m talking to an Amazon warrior like many other trans women. Her poise and words prove me right:

“They don’t like seeing a trans woman who has self-confidence. They don’t like seeing that we are strong despite everything. I want everybody to know that there is a trans dentist in Turkey. Knowing that would help the next trans doctor or dentist. We will free ourselves when we come together.”

Ece will continue fighting for her right to work. She will meet with the Chamber of Dentists and look for jobs with her open identity. Time will tell if her colleagues will show solidarity with a woman who has nothing left to lose except for her wish to tell the world that there is a trans dentist in Turkey.

Homophobic Attack in Datça

Yasin Keskin of Vegisso Kitchen suffered a homophobic attack in Datça. Another person alleged to be a plain-clothes police officer participated in the attack. The police who responded to the attack then mocked Keskin rather than catching the attacker.

Source: Yıldız Tar, “Datça’da Homofobik Saldırı” (“Homophobic Attack in Datça”), KaosGL.org, 17 August 2015, http://kaosgl.org/sayfa.php?id=20030

On the night of Saturday, August 15th, Vegan LGBTI activist Yasin Keskin suffered a homophobic hate crime in the town of Datça in Muğla province. Keskin, who first encountered disconcerting looks while dancing at the bar he went to have fun, later took a punch from an unknown person as he left the bar. Following this, a person alleged to be a plain-clothes police officer attacked Keskin with a pipe.

They saw him inside the bar and attacked outside

Keskin explained his experiences to KaosGL.org:

“We went to Datça for a one-day holiday as three friends. In the evening we went out to have fun and were dancing. While there I noticed that a group of men was giving us dirty looks. At the end of the night we came across a fight outside. A group of men was fighting.”

“At that point, although we had nothing to do with the fight one of the people from inside who had been giving us bad looks suddenly came up to me and smacked me. The area under my eye is still deep purple. After being hit I started yelling. The person who hit me ran away but then someone else started to attack me, this time with a pipe. Later the people around us said that the second attack was by an undercover police officer. And the bar owner, rather than helping us, threw us outside.”

Homophobic Discrimination from the Police

Immediately after the attack, Kesin called the police. He then recounted the attack to the police squad that came, but the officers laughed at him instead of taking his statement:

“The police came a while after I called them. I ran to the police car right away, but they didn’t pay attention to me. When I explained what had happened, the police and other people there laughed at me. I experienced violence, but they were preoccupied with making fun of me, probably because they were thinking, ‘What are we going to do with a fag?’” I said for them to take me to the police station and take my statement but they would not take me. They refused to carry out the procedure.”

Keskin reminded us that while he was living in Istanbul, he had faced violence from the police because of his homosexuality, and that following the homophobic attacks he has suffered in the past he again encountered discrimination at the police station and in the justice system. “Both because they laughed at me and because of my previous experiences, I distanced myself from the police,” he said.

“They were already watching you…”

While Kesin and his friends were trying to get away from Datça, two motorcyclists began following them. According to what Keskin explained, the motorcyclists’ words summarize the events of the night:

“The people inside were already watching you all. Be careful and get out of Datça. They will lynch you here. They are dangerous.”

Knife Attack on Trans Woman in Afyon

A trans woman in Afyon was attacked in her home by an assailant wielding a knife. The assailant also attempted to rob the woman. Buse Kılıçkaya from Pink Life Association commented on the attack: “Aggressors get encouraged when hate crimes go unpunished. We are treated like abandoned children.”

Source: Yıldız Tar, “Afyon’da trans kadına bıçaklı saldırı”, (“Knife Attack on Trans Woman in Afyon”), kaosgl.org, 5 August 2015, http://www.kaosgl.com/sayfa.php?id=19965

Trans woman Buse was attacked in her home by an assailant wielding a knife yesterday (4 August). After the hate crime, Buse was treated at the hospital and the assailant was caught and arrested by the police.

He attacked with a knife, attempted to rob

The assailant called and visited Buse, a sex worker, disguised as a customer. Immediately upon gaining access to her apartment, he stabbed her on the right side of the stomach. The assailant attempted to rob the trans woman, as she lay injured on the floor. When Buse told him that she had no money, the assailant fled.

Buse called her friend Derin, who came to her rescue on time. Buse was taken to the hospital and spent a day in intensive care. Her treatment continues.

Her friend saved her life

The assailant, a phone vendor allegedly named Süleyman, was caught thanks to Derin’s assistance to the police. Derin spoke to KaosGl.org:

“I immediately came to the scene when my friend called me. She told me about the incident before she lost consciousness. I found the number of the assailant in my friend’s phone and reported it to the police. That was how the police were able to find him.”

“We have been receiving threats on the phone”

Derin, also a trans woman, noted that she remains nervous because of the incident:

“I’m nervous and scared. I don’t want to communicate with anyone. I live alone just like Buse. I don’t have anybody. We have been threatened on the phone before but this is the first time a physical attack happened.”

“Aggressors get encouraged as crimes go unpunished”

We solicited the opinion of Buse Kılıçkaya, president of Pink Life LGBTI Solidarity Association and trans activist, on the attack: “Aggressors get encouraged as the attacks on trans people go unpunished.”

Kılıçkaya noted that this was a hate crime:

“This attack is called robbery and wounding in law. But in a country where trans people are not secured the right to live and treated like abandoned children, these attacks are beyond just robbery and wounding. If you don’t punish aggressors, trans sex workers will get treated as if they are objects.”

“The state’s and the aggressor’s mentalities are the same”

Recalling the posters about the “Tribe of Lot” in the streets of Ankara and the calls to massacre, Kılıçkaya remarked: “This is the country of trans people who are stabbed in the middle of the street, who can’t get anyone’s attention when screaming for help, and whose demonstrations get pepper sprayed.”

Noting that the state’s and the aggressor’s mentalities are the same, Kılıçkaya highlighted the discrimination that trans women experience in the legal process:

“Courts call trans victims “terrorists:” they nurture the attitude that “perverts” deserve their lot. As long as this climate of discrimination and hate is in place, the hate crimes go unpunished, and constitutional protection is unavailable, these attacks will sadly increase.”

Knife Attack on Young Trans Woman in Izmir

On August 11, a young trans woman by the name of Türkan who lives in Izmir suffered a transphobic attack.

Source: “İzmir’de Genç Trans Kadına Bıçaklı Saldırı” (Knife Attack on Young Trans Woman in Izmir”), Pembe Hayat, 12 August 2015, http://pembehayat.org/haberler.php?id=813

A young trans woman was subjected to the actions of a group of transphobic young people and was stabbed in the leg in front of Albayraklar on Bornova Street on August 11 in Izmir.

“Those are men, they’re faggots, they get f*cked in the *ss”

According to Türkan’s statement, the six young people, four men and two women, made verbal insults and engaged in harassment while passing through the hub where [Türkan and other trans women] were standing. After verbally harassing and laughing at the trans woman, the group attacked the trans woman who attempted to respond to her harassers.

Using transphobic statements, one of the men insulted the trans woman, saying things like “Those are men, like us. They are faggots, they get f*cked in the *ss.” Later the trans woman objected to these insults and a verbal altercation started.

“The men looked at each other, pulled up the courage and attacked”

Upon seeing that his friends approved of his transphobia, the young man making insults and harassing Türkan gained the courage to attack Türkan, injuring her with a knife.

The other trans people standing at the hub saved Türkan, who received a nine-centimeter-deep wound from being stabbed with the knife. They went to the police station and filed a report about the attacker and his friends, who had fled the crime scene.

“The attacker’s uncle called me and asked me to retract my police report”

While Türkan was giving her statement at the police station, the uncle of the attacker who had injured her with the knife called, saying, “My nephew just got out of prison, I’ll pull his ear, retract your report.” Türkan, who turned on her phone’s speaker so that police officers could also witness the call, did not retract her report.

The officers at the police station also told Türkan not to rescind her legal complaint and explained that she had a right to demand a lawyer during the litigation process.

Türkan, who is receiving treatment at the hospital, is currently struggling to stand up and walk. Despite being deemed to be in generally good health, she noted the wound in her groin has a depth of nine centimeters.   

Knife Attack on Young Trans Woman in Istanbul’s Şişli District

In the early hours of August 10 at approximately 04:00, two men injured a trans woman by the name of Ada Su with a knife in Istanbul’s Şişli neighborhood.

Source: “İstanbul Şişli’de Genç Trans Kadına Bıçaklı Saldırı” (“Knife Attack on Young Trans Woman in Istanbul’s Şişli”), Pembe Hayat, 10 August 2015, http://www.pembehayat.org/haberler.php?id=837

Ada Su, a young trans woman, was attacked early this morning. The attack happened on the street where she works after the woman said “no” to two men on a motorcycle who asked her, “Are you working?” The attackers, who got off their motorcycle, stabbed the young woman in three places with the sharp weapons they were carrying. The attackers then got back on their motorcycle and fled the crime scene after robbing the young woman.

Ada sustained severe injuries to her leg and was taken to the hospital by her friends. After receiving 17 stitches in her leg during surgery, the young trans woman was discharged and taken to the hotel where she lives.

Ada went to the police station to file a complaint about her attackers following the attack and hospital treatment. Police requested that city surveillance cameras be examined to find descriptions of the two attackers, whose identities have yet to be determined. The attackers, whose identities will be verified through the recordings from the surveillance cameras, will be charged with voluntary injury of another person and robbery.

Friends of Ada, whose financial situation was indicated to not be good, have made a call for solidarity.