Rights Violations in 2019

Interview | Trans student, Şafak Koç, was expelled from the dormitory: “The number of those who undergo gender affirmation surgery and get murdered is the same as the number of those who don’t undergo the surgery and commit suicide.”

Source: Trans student, Şafak Koç, who was expelled from the dormitory: “The number of those who undergo gender affirmation surgery and get murdered is the same as the number of those who don’t undergo surgery and commit suicide.” (Yurttan atılan trans erkek öğrenci Şafak Koç: “Türkiye’de cinsiyet geçişi yapanlarla, yapmayıp intihar edenlerin ve öldürülenlerin oranı eşit”) F. Çiçek Yaman & Rojhat Tunç, Gazete Hayır, April 3, 2019, http://gazetehayir.com/roportaj-yurttan-atilan-trans-erkek-ogrenci-safak-koc-turkiyede-cinsiyet-gecisi-yapanlarla-yapmayip-intihar-edenlerin-ve-oldurulenlerin-orani-esit/

On Wednesday, March 27, we made an interview with Şafak Koç who is a student at the Department of Media and Communication at Üsküdar University. Şafak was expelled from Ataşehir KYK* Dormitory for Girls where he had been staying before coming out as a trans man. We met with Şafak after this event to reveal the problems that LGBTI+ individuals have in their social life.  Şafak began his story by describing his life starting in Van and then moving to İstanbul. The interview is below.

First of all, can you tell us about realizing your gender identity?

A child discovers his/her gender identity around at the age of 3. I thought I was a boy, but I realized my body was female when I saw the penis of my male cousin at the age of 5. I didn’t talk at all until the age of 9 because of the discourses that “girls don’t do that” and  “girls don’t play with boys.” I was not able to talk with people and express myself. I didn’t even know how to walk actually. People used to tell me that “you don’t even know how to walk.” I researched about gender identity for 3 years, because everyone around me was either female or male profile and I didn’t fit among them.

 

I couldn’t act like a woman or reveal the man inside me because I was ashamed. When a person told me that “you walk like a man” I got so sad. I wondered: “is there something wrong with me?” Moreover, I had nobody to help me and I was always confused. I hadn’t shared this confusion with anybody until the age of 18. I searched for things like “the mind is male and the body is female; what does this mean?” I thought a person who is not like this would not search for this kind of information. Then, when I was 18 years old, I learned that I was a transsexual person. I became so happy because I realized I was not alone and there were people just like me. On the other hand, I was scared of what my family would say. Because the number of those who undergo gender affirmation surgery and get murdered is the same as the number of those who don’t undergo the surgery and commit suicide.

Did you have problems during your high school? High school years can be problematic.

Yes, of course I did. Girls had to wear skirts at our school. Wearing trousers was forbidden. I would wear it compulsorily and I couldn’t go outside of class by any means. My hair was always in an updo and I couldn’t get my hair cut. Also, girls who  had their hair cut were considered awkward in Van. Then, people started to ask me “why don’t you go out with boys?” They even thought that I was a lesbian. So, many friends of mine ended their friendship with me without even talking to me just because of this thought. Everyone around me thought I was a lesbian, because I wouldn’t go out with boys and would act like a man. But, believe me, acting like a man was not something I could avoid–I felt that way deep inside. What could I do? I started to wear trousers in 11th grade and I was given reprimand. I had reactions from my family because of it too.

How did it go after you realized your gender identity?

When I went to a psychologist for the first time in 2016, I asked: “I really wonder how many people are there like me coming here?”. The psychologist answered me that [there are] “two other people.” They were children of teachers and they came here from other cities. That means I was the only person who was born and raised in Van who had the encourage to be their self. This frightened me a lot. I left Van by changing my choices.  I wanted to come to İstanbul and study media and communication because I though I would be somewhat free if I came to İstanbul and studied here. But then, I thought and told myself “what about other people?” It makes no sense. However, my family didn’t want me to study media and communication so I enrolled in the school by myself. Besides that, I was arrived just one day before the end of the enrolment period and it was difficult. I thought I became free when I came here. Everyone had come down hard on me and were both physically and psychologically abusive. I was already so confused because I was 18 and their reactions made everything more difficult.

So, you were the first person who saw a psychologist in Van about it?

Yes. But that doesn’t mean that there are no transsexual people there. We are not visible. For example, the suicide rates in Van is really high and people don’t know the suicide reasons for the majority of deaths.

How did your gender transition process start?

When I began studying at university, I planned to start the process after I graduate and become economically independent. But I broke down psychologically this year; it is really difficult to bear. So I went to a psychologist and learned that I had to start my gender transition for my mental health and medical treatment was started.

Have you ever had a chance to talk to your family about it, do they know?

I have. They know. But they reacted really bad. I don’t blame them completely, because this is something that they have never seen before and they are shocked about it. Just think about it: the person who you think is a girl for 18 years is actually a boy. They didn’t accept it. They insulted and beat me, just because I am a transsexual individual. Why do these things happen? It is really strange. Moreover, some people think that this is something arbitrary. Who wants to live a life like that? I think people should really understand. My family cut their financial support for me when I came to İstanbul. When they did so, I moved to a KYK dormitory because I had no place to stay. I have many relatives here, but I didn’t want to go to them. I have a sister one year older than me. She lives in İstanbul. But I couldn’t call her either when I was expelled from the dormitory. She already said to me that she wouldn’t help me if something happened. She told me to be still and live my life as a woman even if I am a transsexual person. I thought everything ended when I came to İstanbul, but I felt uneasy about going outside during the first couple of months, thinking they might be around. I couldn’t talk to anyone again. If a person is scared of his/her family, yes, there will be a little fear. The fear is less than the previous year, though. Now I think that everything that will happen can happen because I’ve given up on myself.  For some reason, my fighter side came to exist. I came from there, but I still fret about what those people are doing. Some of them send me text messages. It hurts a lot. They are forced to get married and I think about being forced to get married to some guy, I would probably commit suicide. Every 6 in a thousand people are born transsexual. This is not a low rate.

Can you tell us about the period after you moved to the KYK dormitory?

When I first entered the room, I told my roommates that “I am a transsexual person”. “Keep it in mind when you dress up or undress if you feel uncomfortable about it.” There was no problem. We were 8 people in the room and one of them wouldn’t come to the room. 6 of them were supporting me. This year was the same. We slept together and were really close. I am currently staying at the house of my friend who I met at the dormitory last year. I had no problem with the students at the dormitory. Just one time, the female president of the dormitory told me “your hair is so short, you look like a man. Grow it long!” I got so angry at her and that’s why I had my hairs cut shorter the next day. And then, she laughed at it. I and the president would joke with each other. But she would often interfere with the students staying at the dormitory and ask questions like “why do you wear such revealing clothes?”.  For example, a female student was expelled from the dormitory just because she hugged her boyfriend in front of the dormitory door. When the meals were terrible and students protested demanding better quality food, all the protesters were punished. Actually, almost all KYK dormitories are the same.

What was the process which led to your expulsion from the dormitory?

This year, I have been fairly visible on Twitter. A news article about me was published and I started to become known. Almost everyone at the dormitory learned that I am a trans person. The majority supported me while only a couple of people reacted badly. I was a little scared because if a complaint about it was made to the dormitory I would directly be sent to the disciplinary board, it would be written in my records, and my scholarship would be cut. So I decided to share the situation with the dormitory administration. I had consulted with the psychologist of the dormitory a couple of months before. I had told I was a transsexual man. I had shared my concerns and worries. The psychologist had told me “don’t share it with anyone at the administration, they will immediately send you away.” But I shared it with the administration last week. I told them “If a complaint is made, you can get trouble and a woman can get uncomfortable. If she makes a complaint to somewhere else, it gets worse for me; therefore, I am sharing it with you now.” At first, they seemed to be reacting well, but I was expelled from the dormitory the next day.

Let me tell you about these two days. On the first day, the day when I came out being a trans man to the president of the dormitory, they told me that they understood me and wouldn’t see me as a deviant. They even said that saying to someone, “you are not a deviant” is a transphobic statement. Because you cannot say it to any person when it is not true. Therefore, you cannot say it to me, as well. Then, the psychologist of the dormitory said that “We will ask you to leave tomorrow, you should stay at the house of a friend of yours temporarily”. After news started to spread, a lawyer contacted me and told me that they were trying to intimidate me and they were treating this way so that I wouldn’t cause a problem. The lawyer explained to me that the administration may had heard about it through Twitter or a newspaper article; they would try to shut the event down and thought that I may do something or that they may get affected by it. The lawyer told me to contact them if a problem occurs tomorrow, and that they could come to the dormitory right away.

The next day, I told the president that I didn’t have a place to stay and I was not dependent on anyone because the state granted me the right to stay at this dormitory. I asked for a month of time. She tried to look like she was treating me well again and told me “We need to think for ourselves. You leave the dormitory tomorrow and stay at a friend’s house, won’t you?”. Then, she gave me a paper and asked me to sign it. Afterwards, I acted as if I believed her; I told her that I wanted to go outside to call a friend in order to learn if the house was available. I called my lawyer.

After the lawyer came, the president heard about it and went mad. She locked me inside a room and didn’t allow the lawyer to come inside. She started to shout, pressed the alarm button, called someone, and asked them to come to the room immediately. 6 women came to the room; one of them was the psychologist of the dormitory and another one was an officer working at the district directorate. We started to quarrel. All of them started to shout at me. When I told them that I had the right to defend myself, they told me that they would initiate legal actions. When I answered that “Okay, you are talking about legal actions, but I am an ordinary citizen. So, I want you to negotiate it with my lawyer.”, they didn’t accept it once again and told me that they would have nothing to do with a lawyer. They asked me to direct this to a higher board. The president of the dormitory had always been like this. She didn’t even get a signature from a women she previously expelled from the dormitory. She had made up something and expelled them, but she tried to make me sign a paper because there was no reason to expel me. In the meantime, they kept telling me that they would take disciplinary action but I didn’t believe them at that time. “This is ridiculous,” I laughed at them.

During the quarrel, they often talked about my gender identity. I felt really offended. You get really offended when a person insults you just because you are a woman; it is the same, or double time worse. They acted like I was a guest of theirs and a burden to them. One of them said that “if even your family doesn’t care about you, why should we do?”. It hurt a lot. Then, I reminded them about my right to stay at the dormitory. I told them that I couldn’t stay at the dormitory for boys because my identity card is pink. Because my identity card hasn’t changed; even if I take hormones and become a man and my beards start growing, I am seen as a woman in this country as long as my identity card doesn’t change. So, they cannot expel me from the dormitory just because I underwent breast surgery. One of them told me that “you say your identity card is pink and claim you are a man. You contradict yourself. If you are a man, just leave!” When I repeated that I didn’t have a place to stay, they told me that “did you consult with us about it?”, as if it is something arbitrary. I asked them directly, “So, I am being expelled right now, just because I am a transsexual person, am I right?”. Nobody could say anything for a while. Then, one of them told me that I was being expelled not because I was a transsexual person, but because I was disrupting the moral order.  When I told them that what I was doing was not immorality, they said to me that “It is not immorality, but you are disrupting the order. Why did you reveal yourself? Why are you sharing it on Twitter? Okay, you are a transsexual person, but you should have kept it to yourself, why do you share it with people?” When I told them that the situation which I am in now is the result of the society pushing us to be invisible, they said to me that I am facing all these because I made myself visible. I understand it, they don’t know that transsexuality has a place in society; however, gender transition is one of our rights stated in law. Nethertheless, their attitude was like this.

When I told them that I didn’t think they had helped me, they got angrier and said to me that I had 3 hours to leave the dormitory. They threatened me by saying that I would be punished more and something bad would happen to me if I tried to resist.

You said that the psychologist of the dormitory was there during all the quarrel. How did she react?

When I told the president that the psychologist already knew that I was a trans man, the psychologist denied it. However, she had asked me not to tell the president about it, otherwise, she would get into trouble too. All these people in that room were afraid of each other. Think about it, even the psychologist couldn’t remain unbiased.

There are 788 students at the dormitory. Are there other LGBTI+ individuals you know there?

Yes, there are. I am sure about it. There are 4 LGBTI+ individuals that I met at the dormitory, but none of them are visible, because people are really cautious. I have a pansexual friend at the dormitory. They always protested the situation saying “Why can’t I walk by holding hand with the person I love? Why can’t I talk about it to someone? Why are people always biased about me?”

So, did the students react against the administration?

They started to a petition to show they were standing by me. They thought they could use it as proof when a lawsuit was opened. Something like “Şafak was expelled for no reason because nobody was disturbed by Şafak.” There were so many signatures at the petition, however, they stopped because they were afraid of someone notifying the president. Then, we consulted the lawyer and they said that it would not cause a problem. They continued to collect signatures for the petition afterwards. In addition, I received so many text messages from the dormitory. The people I don’t know sent me messages saying “We were not disturbed by you, how come they expelled you, you were an honest and composed person”.

How did the students at the university react before and after the event?

I have had no problem at the university. There are already visible LGBTI+ people there, like me. The rector, the dean, and my friends know that I am a transsexual man. Some of the students have negative attitudes; despite that, I have never experienced something like that before. I am introverted because my voice is high pitched, and I sometimes don’t want to go to school.

After the event, how did the school administration react? Did they support you?

I don’t know if they know about it or met with anyone. I have no idea.

You are seeking a job in the meantime. What difficulties do you face in business life?

Generally, “It is okay for us, but the customers may feel uncomfortable,” they say. Trans women are in a more difficult situation than I am because people don’t notice trans men after the gender transition. Even before that, it is hard to notice if his voice is not high pitched. After starting to take hormones, you become like a biological male when your beards start growing. But trans women are more easily noticed. They cannot find a job under any circumstance and are forced to work as a sex worker. At first the system constrains them and forces them to do so; then people criticise them by saying “why do they work as a sex worker?”. But it is the system that forces them to do so, and I cannot understand this.

You are staying at a house of one of your friends and have recently been looking for a job. Are there any LGBTI+ individual who you know went through the same process?

I have two transsexual friends. Both of them were expelled from the dormitory. Let me share the story of the expulsion of one of them. This boy goes to his home town and meets his lover there. The lover’s brothers and father beat the boy for an hour and a half, harassing him. They threaten to rape him. The event takes places in the newspapers and the boy gets expelled from the dormitory. He was forced to leave the school; then he was expelled from the school too. I reached out to him and asked that “Why did you give up?”, but he said to me that “What else could I do?” Just think about it, I will stay quiet, not go to school, and leave the school, etc. I would never do something like that. This year, another friend of mine was expelled, too, moved to a private dormitory, and they told me the same thing. They make us ashamed of ourselves. I got so sad about all this and I had already known that it would happen to me too. I was expecting it. For a month, I told my friends that I would never stay still if I were expelled. Because, if I were the only one living all these problems, I would just go away and not care about them at all; however, -believe me- some people are not accepted to dormitories in the middle of Anatolia, just because of having a short hair. Just because they have short hair. So, I want to set off a reaction at least. In the end, I am not doing all these so I can go back to the dormitory. We need to set off a reaction to prevent anything like this. They don’t accept us to the dormitories for boys, we cannot stay there. We are expelled from the dormitories for girls. Then, they should build a dormitory for trans individuals or stop discriminating against us. If I felt guilt, did something to a woman, or stole something, they could expel me right away. But there is nothing wrong with me. Just think, you get expelled from the dormitory, because you are a woman, Çiçek. Or you, Rojhat, get expelled from dormitory because you are a man. I think this is ridiculous.

Is there something you want or plan to do for LGBTI+ individuals?

For example, I will be on the videos of the program called “Soramazsın” (You cannot dare to ask) as a transsexual man. It will be broadcasted in the third week of April. But it is not something that I do to become a celebrity. When we look at the media, trans women are known and visible, whether or not they want to be; because people cannot help but notice them from their voices. But trans men are like “I became a biological man and will continue my life like this from now on.” As it is for Rüzgar Erkoçlar. He said that “I don’t want to be mentioned as an LGBTI+ individual”. Because society really tries to make us ashamed. So, people are not trying to be visible, they try to save themselves. But I have realized that I am not the only one I need to save, after the things I saw in the east of Turkey and the people in the east who reached out to me. So, I attended the video program called Soramazsın, despite the fact that my family can see it. Other than that, there is a documentary which is planned to be broadcasted internationally. It includes my gender transition process and the event of getting expelled from the dormitory; it will be filmed for 2 years. Actually, I attend to do various projects in several places. There is also a book project and a journal at Sabancı University.

Şafak’s life, starting in Van and moving to İstanbul looks like it has two different stories from city to city but it shows us a scene where, between the cities, only the methods of pressure are changed . Şafak has highlighted many times that transphobia, homophobia, and biphobia are reproduced in social life through many ways (series, movies, education, workplaces, etc.) and one of the ways to prevent it is to be visible. He has stated that the main reason for his will to prevent it is because this problem is not only his personal problem; it is a mutual problem shared by many people recently. Lastly, despite all the physical and psychological violence, Şafak clearly declares that he will not give up fighting; he invites people sharing these problems to be “visible together” and to fight together.

Translator’s note, KYK: Higher Education Student Loans and Dormitories Institution of Turkey

Experiences of LGBTI individuals in the workplace: “Get out right now”

LGBTI individuals in Turkey have to hide their identity for fear of losing their jobs, having a difficult time finding a job, or facing discrimination. Practises during the recent state of emergency (OHAL) have worsened the problems for “disregarded” LGBTI individuals.

Source: LGBTIs in business life: “Get out right now” (İş hayatında LGBTİ’ler: “Derhal terk edin burayı”) Burcu Karakaş, Deutsche Welle, December 14, 2018, https://www.dw.com/tr/i%C5%9F-hayat%C4%B1nda-lgbtiler-derhal-terk-edin-buray%C4%B1/a-46733048

“I couldn’t reach the status of a white collar worker. I have never been able to find a job. I came to a point where I was going to commit suicide because I couldn’t find a job.”

Trans woman Pınar started sharing her story to us by telling how she had faced discrimination during university education before beginning to work. While she was studying at the Department of Communication at Marmara University, the head of the department asked her “to dress properly”. “I was 20 years old then. I was suspended from school because I didn’t fit the model they asked for.” Pınar who shared her experiences with DW Türkçe has always returned empty-handed from the dozens of job applications she has made till today. Pınar is only one of the LGBTI people in Turkey who face discrimination in their work life  because of their gender identity.

The results of the questionnaire “LGBTI+ in employment” which was issued by Prof. Mary Lou O’Neil, Dr Reyda Ergün, Selma Değirmenci, Doğancan Erkengel in cooperation with Kaos GL Association and Kadir Has University and edited by Murat Köylü reveal discrimination LGBTI individuals are exposed to in their work life in Turkey.

The questionnaire that was filled out by 198 private sector and 89 public sector employees, involve senior executives, mid-level managers, specialists, labourers, and researchers. The questionnaire’s results show that LGBTI employees take some precautions, hide their gender identities and sexual orientations, as well as changing their style of speaking and body language. This starts when job seeking and continues during employment because they think they will definitely be subjected to discrimination. In the evaluation of the questionnaire’s results evaluated, it is stated that “the experience of having to walk on thin ice all the time becomes an ongoing discrimination and can cause severe psychological effects on LGBTI employees.”

“There is discrimination; but what can you do about it, I have to earn my living.”

58% of the private sector employees who attended the study were subjected to discrimination in the place of work or had to hid their identities to prevent it. Only 32 of the 198 people were plain-dealing with their gender identities during the job application, while 89 hid their identity entirely. A gay person working as personnel in the field of the law says that “I cannot be open about it; because they would not definitely employ me. This is a small town; the employers are somewhat conservative.” A gay person working as a service personnel at the entertainment business states that “I am always exposed to discrimination by the customers; but what can you do about it, I have to earn my living”, while a trans woman working as a mid-level manager at an advertisement business says that “being a trans person has isolated me.”

8 of the private sector participants express that they are directly exposed to discrimination during interviews and tests during the hiring process. A gay individual working as a specialist in the information sector shares discrimination he faced and says “During the interview, I was asked why I am exempted from serving in the military. I told them the truth. The woman who was interviewing me sent me away, saying ‘get out right now’.” When they were asked whether or not there is any institutional prevention mechanism against discrimination in the private sector, 94% of the participants answer that there is no such mechanism or they don’t know anything about it

Pınar: They changed their mind when they saw the blue identity card

Trans woman Pınar who shares her story with DW Turkish says that she is a private school graduate. Pınar can speak French and English. Despite the fact that her university education is left half-finished, she thought she could find a job because she was sure about herself due to her previous education; however, it didn’t work out. She states that the employers who had said “there is no problem, you can work here” changed their minds when they saw the blue identity card; “I didn’t have the operation. When I gave my identity card, they would get baffled. The people who told me that I could work with them would send me away when they saw the blue identity card.”

Pınar came to the brink of suicide when she couldn’t find a job after having to quit her education at the Faculty of Communication. One day, while she was walking back to her home with rat poison, she saw an advert saying “toilet cleaner wanted” on the window of a third-class pub. She entered inside right away: “The man felt sorry for me and I started working there as a toilet cleaner. Six months later, my boss said to me that “Pınar, you need to work as at the bar” and my life became totally different.

The effect of the state of emergency on business life

The experiences of the public officers who participated in the study are not so different from those of the private sector employees. To the question “Do you think you can be open about your gender identity at the place of work?”, 36% of the public sector employees answered that “I completely hide it”, 39% say they are partially open, and 7% tell that they are “completely open”. Moreover, to the question of whether or not they face direct or subtle discrimination, 43% of the participants stated that “I don’t face discrimination because I hid my identity”. According to the public sector participants, practises during the recent state of emergency (OHAL) have made the problems in the workplace worse for LGBTI individuals. To the question “Do you think if you experience any change regarding your working conditions at the institution during the state of emergency?”, 36% of the participants indicate that the conditions have gotten worse. The public employees point out that the pressure has increased during the state of emergency and therefore, the conditions for LGBTI employees in the public sector have become more difficult.”

“LGBTIs are neglected”

To the question “How do the problems they face because of their gender identities affect their productivity at the place of work”, a gay police officer answered that “I see everyone as a potential threat. I am disgusted by my job and the environment that I am in”, while a gay gardener states that “I  am cautious in case someone finds out and blacklists me. When a person implies something, I start to think he or she learned it and to get cold feet about it; because I could lose my job.”

A bisexual woman working as a sociologist in the public sector states that she hasn’t faced discrimination at the institution but not because of the positive attitude towards LGBTI people but because LGBTI individuals are ignored.

When both private and public sector employees were asked what they would recommend for the fight against discrimination the answers which stand out are: social awareness campaigns, prohibition of discrimination in national regulations, inter-corporate training as well as organized solidarity and discrimination resistance networks. Additionally, the report highlights that the state should fulfill its duty for protection and support.

Photo credit: Peter Hershey

 

An expelled police officer: If I can’t have a private life, what am I living for?

A police officer in Van was expelled from his job as a result of his homosexual relationship. Telling his story to DW, the police officer, who had been working for 12 years, states that he faces discrimination and cannot find a job because of his private life.

Source: An expelled police officer: “If I can’t have a private life, what am I living for?” (İhraç edilen polis: “Özel hayatım olamayacaksa niye yaşıyorum?”) Burcu Karakaş, Deutsche Welle, March 13, 2019, https://www.dw.com/tr/ihra%C3%A7-edilen-polis-%C3%B6zel-hayat%C4%B1m-olamayacaksa-niye-ya%C5%9F%C4%B1yorum/a-47883571

The report “The Situation of LGBTI Public Sector Employees in Turkey — the Research from 2018,” which was issued by the Kaos GL Association in cooperation with Kadir Has University points out that the working conditions of LGBTI individuals (Lesbian, Gay, Bisexual, Trans, Intersex) working in the public sector has become tougher and that these people are afraid of being in the line of fire, because of the increased pressure during the period of the recent state of emergency (OHAL) in Turkey. On the other hand, LGBTI individuals who works in law enforcement live on pins and needles all the time, independent of the political environment. Due to an article in the legal code, it only takes a matter of time for them to be expelled from their jobs. Metin is one such individuals who was fired from his job because of his homosexual relationship.

“When it happened my gut told me that ‘I had lost my job.’”

Metin, whose name we changed for security reasons, was a police officer working in Van. He spent some time with a man, whom he liked, at a hotel room two years ago and had a sexual relationship with him. At the time, Metin’s sexual orientation was not known to those around him. One day he went to drink tea with his friend at the police guesthouse, when the police commissioner called Metin had to leave the location for half an hour. When he returned, he saw that his friend was about to be taken to the police station because he had panicked and claimed to be a police officer and when asked for identification his lie had been exposed.

Although Metin described him as “a friend,” when brought to the police station the man filed a complaint against Metin claiming, “Metin had forced himself on me without my consent.” In spite of the fact that the friend said later that he had given this statement because he was afraid, Metin was arrested for the crime of “a major sexual assault.” Metin remembers that day as follows:

“When it happened my gut told me that ‘I had lost my job.’ You get so sad at that moment, but more than being sad, you think ‘What am I going to do now?’ I was thinking about what to say to my superiors, more than being afraid of losing my job, I was afraid of being humiliated.”

Reason: “Unnatural intercourse with a person”

Metin’s friend didn’t know yet that Metin had been arrested because he had left Van and returned to the city where he lived. He withdrew his complaint after hearing about Metin’s arrest. Metin was released after being held for 8 days. He was suspended from his duty; however, he eventually returned to his job after a decision stating there was no need to prosecute him. Though at this time he was appointed to Zonguldak. None of his friends would talk to him while he was leaving Van.

He continued working as a police officer in Zonguldak for a year and a half. However, he was expelled for the second time on November 2017 by a decision of the High Disciplinary Board of the Security General Directorate, due to “having unnatural intercourse with a person” which is listed among the acts that cause expulsion from one’s job in the Law on the Disciplinary Provisions for General Law Enforcement Forces.

In his written defence, Metin stated that he didn’t want to be expelled from his job and he had no criminal history. He had researched and read all the decisions for the cases opened in relation to sexual orientation, especially those given by the Council of State.

The police officer who was expelled is now unemployed. He has a house in Istanbul and he is planning to sell it. He has applied to many job announcements; however, he has not received any answer from them. He is upset about the reason for the expulsion:

“I said to my superior’s face: this is my private life, there was no problem about my job. If I can’t have a private life, what am I living for? If someone else will decide what happens in my private life, what am I living for?”

“Sexual orientation is an important part of private life”

Metin filed a lawsuit at Zonguldak Administrative Court through his lawyer Fırat Söyle in order to stop the prosecution and end the expulsion. Lawyer Fırat Söyle stated that the reason used to fire his client is contrary to the rule of law. Calling attention to the decision of the  Turkish Constitutional Court, Söyle said that “according to the Constitutional Court, the notion of private life protects facts such as ‘person’s sexual orientation and sexual life’ and ensures people can live their lives without being exposed to any external intervention. Whether or not a person is heterosexual or homosexual, sexual orientation is an important part of private life.”

For Söyle, the legal article “having unnatural intercourse with a person,” which was employed in this case, is contrary to Constitutional Law Article 10 that regulates equality. Drawing attention to the fact that public police officers who are homosexual are exposed to discriminatory legal action due to the stated article, Söyle stated that “This legal arrangement means that the police officers who have different sexual orientations will be extracted from the state apparatus.”

For the lawyer, who emphasises the fact that the perception of “approving” sexual relations between opposite sexes and defines homosexual relations as “unnatural,” the state is discriminating against people through this definition.

“The criminal record of Turkey is getting worse”

Mustafa Sarıyılmaz who is the general coordinator of the Social Policies, Gender Identity, and Sexual Orientation Studies Association (SPoD), which is located in Istanbul, emphasizes that discrimination based on people’s gender identities and sexual orientations is forbidden in democratic states.

“In the majority of the documents of the Council of Europe and the United Nations that Turkey is a party to, this prohibition is clearly stated,” says Sarıyılmaz, and he adds that protecting people from discrimination based on their gender identities and sexual orientations in public institutions and the private sector is one of the responsibilities of the state.

“However, we, unfortunately, see that Turkey’s criminal record, which is already not very clean, is getting worse when we look at the current implementation and the statements of the politicians.”

 

Police just sat back and watched the transphobic assault by night club’s security personnel

A night club in Eskişehir didn’t allow two trans women and a trans man to enter into the club. Police officers just sat back and watched the assault by the night club’s security personnel.

Source: Police just sat back and watched the transphobic assault by the night club’s security personnel (Polis, gece kulübü güvenliğinin transfobik saldırısına seyirci kaldı) Kaos GL, March 6, 2019

http://www.kaosgl.org/sayfa.php?id=27765

The night club 222 Park in Eskişehir didn’t allow two trans women and one trans man to step inside. During the late hours of March 5 and the early hours of March 6, around at 00:30, two trans women, one of whom is a member of the Pink Life LGBTT Solidarity Association Management Board, and one trans man who is a member of Kocaeli LGBTI+ were stopped from entering the nightclub.

According to the statements of the trans people who were exposed to discrimination, it happened as follows:

Discrimination at the club

The security personnel at the entrance wanted to move the three people away after saying “we are closing the club”. When the personnel were told “this is a club that we came to before. You are not allowing us just because you want to do so,” they answered “you can go in, but your friend cannot. We let in whom we want to and don’t let in those we don’t want to.”

Police officers joked around with the security personnel

After being stopped from entering the club, the trans people notified the police. The police officers who came to the scene joked around with the security personnel of the club and said “they let in whom they want to and not let in whom they don’t want to.”

Assault by the security personnel

Then, the security personnel assaulted the trans people. The police officers didn’t stop the assault, handcuffed the trans people’s hands behind their backs, made them get in the police car by force, and took them to Yunus Emre Public Hospital. The police officers ridiculed the sexual identities of the people who were assaulted. When the activists tried to videotape the things they faced, the officers hindered them, seized the camera, and deleted the recordings.

Handcuffing behind their back!

The trans people were examined at the hospital while handcuffed behind their backs. After the examination, they were taken to the police station in the same car and gave a statement there. At the police station, firstly the security personnel’s and then the police officers’ statements were taken. Lastly, the statements of the trans activists who were exposed to the discrimination and assault were taken. Pink Life and Kocaeli LGBTI+ declared that they will follow up the process.

Prohibition of discrimination in access to goods and services

One of the legal counsel of Kaos GL, Lawyer Kerem Dikmen gives examples of discrimination in access to goods and services, and explains why preventing a person from accessing goods and services just because s/he is an LGBTI+ person is discrimination and what the relevant laws says, as follows:

“Goods and services is the general name for all kinds of goods and services regarding  commercial and personal consumption in daily life. For example, a lawyer provides a legal counselling service for a fee. A pharmacist gives medications in return for a certain amount of money. Whether or not the provider of a good or service is a public institution is not a matter in terms of this right or prohibition.”

“The kinds of forms of buying and selling activities in daily life, such as the relationship between a landowner and a tenant, the transportation service to be received from a taxi driver, the entertainment service at a café, the service from a bathhouse, constitute the topic of the right to never be subjected to any discrimination in access to goods and services.

“What this topic means for LGBTI+ people is that people refuse to provide goods and services to LGBTI+ people due to a homophobic or transphobic motivation. In other words, LGBTI+ people cannot make a buying and selling transaction that every person can make, or LGBTI+ people are prevented from renting a house that can be rented by anyone, just because they are an LGBTI+ person; all these are examples of discrimination against LGBTI+ people.”

 

In memory of Hande Şeker: The gender of transgender killings

Hande Şeker was killed in her house on 9th of January, 2019 by a cop who was there as her client.* Her housemate who is a trans woman as well was wounded by the same person. Despite some improvements in the language of the media since the 90s thanks to the struggles of the LGBTI+ movement, this murder which is clearly a hate killing was presented in the news with transphobic and misogynistic language.

Source: In memory of Hande Şeker: The gender of transgender killings (Hande Şeker’in ardından: Trans cinayetlerinin cinsiyeti) February 5, 2019 http://www.5harfliler.com/hande-sekerin-ardindan/

After Hande Şeker was killed, many newspapers and news websites shared her name presented in her ID card. This was done even though there is no public benefit in sharing it and her approval cannot be given because she was murdered. In addition papers when mentioning Hande Şeker, referred to her as a “transvestite” and “trans person”. “Transvestite who uses the nickname Hande Şeker” (Milliyet), “Hande Şeker codenamed transvestite” (Habertürk), “Trans person who uses the nickname Hande Şeker” (Sabah). All these news articles show how trans women are considered in the newsrooms. The journalists’ refusal to recognize trans women as women leads them to use a misogynistic and violent language.

The first message which was delivered via these news articles is that Hande is not Hande, often using the phrase “in reality”.  In other words, Hande Şeker, a woman who was murdered by a security officer of the government, is actually “fooling” us. Despite the fact that a trans woman lives, socialises, and works with a name she picked herself; this identity is just a “code name” for the media. Because mentioning Hande Şeker as Hande Şeker means recognizing the murdered person as a woman, normalising this fact, and not making it the centre of the news. However, this doesn’t suit the mainstream media which has traditionally made use of victims “being trans” to cause a stir.

First, they get a photograph of the victim from her social media account, which shows her beautiful face, probably taken by herself, and in which she looks in the way she wanted to look; and they put this photograph into the news article. And they write her name as Hande Şeker at the headlines. But then, they attach her name at the Identity card to the spotlight or under the photograph; the name which is coded with “maleness” and clearly not used by her. In this way, the message of “don’t believe in Hande” is delivered to the reader who was reading an article about femicide. So, it causes the readers to feel sympathy towards the transphobic killings’ culprits who testify before the court and to empathise with murderers who say “I thought she was a woman, but she is a man”. If the victim is a trans woman, questioning her “femaleness” in the news article is an additional strategy of the presentation. So, the focus of the news article is taken from the killing and the victim and transferred into the femaleness of the murdered woman, her background, the names and genders which are assigned to her without her will. The purpose is to confuse the mind of the reader who didn’t question the femaleness of the victim, to make them say “So, A is actually Y”, and to present “being a trans woman” as something horrible. Making them question the femaleness of Hande; ensuring the readers to watch their step by unearthing “this secret fact”. Otherwise, the readers may see the case in the shoes of the murdered woman instead of the man who entered her house and killed her; God forbid! They may see Hande as a woman, as she is; God forbid! They may forget questioning the femaleness of trans women for a moment; God forbid!

Cumhuriyet

Horror in İzmir… Cop shot trans people: 1 was killed

9th of January, 2019 Turkey

At the quarrel at an apartment in Konak District of İzmir, trans person Hande Şeker died and 2 people were wounded by the bullets of the gun of police officer A.D.

The incident occurred on the second floor of a 4 floored apartment in the Alsancak Neighbourhood today around at 06:30. Hande Şeker and second-hand phone seller A.T.K. who is reported to have gone to her house in order to have sex with her for money had a quarrel. According to the claims, police officer A.D. (23), who was allegedly outside of the building and on his off day, entered into the house as thinking that the trans people were attacking to his friend A.T.K., then he pulled out his gun and shot up one after another. 2 bullets hit Hande Şeker; her friend Y.A. who is a trans woman too and A.T.K. were wounded.

Taking this news article into consideration, the press working outside of the mainstream media still haven’t internalised the practice of writing trans-friendly news and haven’t thought about it enough. Nil who was wounded in the same incident, was only presented as Nil in the news article of Kaos GL; however, at several different sources, her name in her Identity card was stated fully or partially; or initials were used by some other sources. The point which led us to think about the lack of the practice is that even a newspaper such as Evrensel which is usually attentive to this point and usually cites news from Kaos already used the initials of Nil’s name from the identity card after presenting her as Nil first. The reason for it is probably because some of the journalists are attentive about it while the others are extremely careless when benefiting from different sources. For instance, Gazete Duvar and Gazete Karınca mentioned Nil with the initials of her name from her identity card, while Birgün did a good job and chose to mention about her as N with the first letter of her name, not her name from the identity card.

Hürriyet

News from Konak: Police officer killed a trans person and wounded 2 people in İzmir

Police officer killed a trans person and wounded 2 people in İzmir

Halil İbrahim KARABIYIK-Davut CAN/İZMİR, (DHA)- The quarrel occurred at an apartment in Konak District of İZMİR, trans person died and 2 people were wounded by the bullets from the gun of police officer A.D.

The incident occurred on the second floor of a 4 floored apartment in Alsancak Neighbourhood, 1468 Street today around at 06:30. The trans person who uses the code name of “Hande Şeker” and second-hand phone seller A.T.K. who claimed to have gone to her house in order to have sex with her for money had a quarrel. Meanwhile, police officer A.D. (23) who is reported to have been outside of the building and on his off day.

Milliyet

09.01.2019

Horror in İzmir during the early hours of the day!

Shot by the gun, Hande is dead and 2 people are wounded

After the quarrel at an apartment in the Alsancak Neighbourhood of the Konak District in İzmir, Hande Şeker died and 2 people were wounded, after being shot with a gun by police officer A.D. who was not on duty, according to claims.

The incident occurred on the second floor of a 4 floored building in Alsancak today around 06.30. The transvestite who uses the code name of “Hande Şeker” had a quarrel with A.T.K. who allegedly went to her house in order to have sex with her.

Using the word transvestite, which was an indispensable part of presenting this news until quite recently and has only slightly diminished (I say “slightly” because it appears that news articles are often written as if we are still the 90s, depending on the channel and journalist), is heavily connected with the tradition of writing “transvestite terror” in the history of Turkish media. By typing “transvestite horror” in your search engine, you can view the language of the current news articles; the same language in these articles continues appearing with the word “horror” which is a replacement for the word “terror”. The media’s intention to omit the womanhood of the trans women from the news articles is highly rooted in this sense. On the other hand, using “trans person” as a tool to “sterilise” Hande Şeker and all trans women from their womanhood is the new method of the trans-misogynistic news language.

Since we are threatened with death and forced to accept having malaria, some people expect us to see that choosing the words “trans person” instead of “transvestite” is an improvement. However, these people are women. Moreover, they are women who are subjected to the violence of men and were murdered by men. These news articles are not about different identities which are outside of the binary gender system, nor about trans men. They are specifically about the trans women killings. But the journalists or editors are clearly not willing to write the word “woman” and they grab the word “person” which is apparently perceived as more hygienic and neutral by them. For those who are more or less aware of the wrong in the subtle meaning of the word “transvestite” but are not willing to present trans women as women, “trans person” is a new lifesaver. Have you ever read something like “cis person” in a news article? If you read this, is it possible to understand the gender of that person? However, just like all other femicides, Hande Şeker’s killing is connected with her gender which news articles deliberately tried to separated from the case.

Mitch Kellaway, a trans male editor researched the trans killings presented in the news mostly in USA and Brazil in 2015 and realized that the ratio of trans female victims to the number of trans male victims is approximately 200 to 1. Despite the fact that there isn’t any similar research for Turkey, it is possible to see from the news and in real life that trans women, especially those who work as a sex worker, are so vulnerable to violence.

Trans killings are a serious gender-based topic; moreover, eliminating their gender in the news articles about trans women killings is not only causing a will-breaking intervention to their existence but also objectifying them and pushing them to a distance where readers are unable to sympathise, by vanishing their identity. Additionally, eliminating femaleness from the readers’ eyes by using the name at the identity card many times is the news’ tactic to make the readers see the case in the shoes of the culprits of violence and therefore to cause an empathy towards these culprits. So, when writing these news articles, it is important to emphasise that victims and killings should not be eliminated from their gender, trans-misogynistic acts should not be separated from the picture, and many power dynamics among genders, which enable each of them to live, are important.

*Translator’s note: Hande Şeker was working as a sex worker. Read more about her in this Pembe Hayat article.

Illustration by Yayoi Kusama

Second expulsion for police officer Osman: It hurts…

Osman was fired from his job as a police officer, filed a claim against it, and won the case. However, the Council of State overturned this decision after he had worked as a police officer for 3 another years. “I took the exam with the people whom I had been drafted together at the same time; then I won the exam, met the requirements for the state of health, and became a police officer in this country. I don’t ask for a favour, I want my right.” said the police officer. Osman is bound and determined to fight in order to resume his job.

Source: Second expulsion for police officer Osman: It hurts… (Polis Osman’a ikinci ihraç: İnsanı yaralıyor…) Çiçek Tahaoğlu, Gazete Duvar, February 20, 2019, https://www.gazeteduvar.com.tr/turkiye/2019/02/20/polis-osmana-ikinci-ihrac-insani-yaraliyor/


DUVAR – Osman, whose real name is hidden by us upon his request, is one of the police officers who were expelled from their jobs due to homosexuality in Turkey. Years ago, his sexual orientation was found out as a result of unlawful wiretaps and he was referred to a disciplinary committee after being interrogated at midnight under insults and cuss words. Then, he was expelled from his job by the Ministry of Interior in 2013 due to his sexual orientation, after being told that “he had committed a disgraceful offence.”

Police officer Osman who did not accept the definition of this offence, filed a lawsuit at the Administrative Court in order to stop the execution of the decision regarding the expulsion and won the case. He was working as a police officer for the last 3 years; however, the Council of State reversed the district court’s decision by referring to the Article of the Law on Public Officers “doing something ungraceful and shameful at a degree which cannot be proper while holding a public officer title (Article 125/E-g of the Law no.657)”.  At the decision of the Council of State, it was also stated that the previous statement of police officer Osman “has the characteristics of a sincere confession” and his behavior is not proper for a public officer.

BY THE DECREE LAW NO.682, HOMOSEXUALITY IS BANNED FOR SECURITY, GENDARMERIE, AND COAST GUARD OFFICERS

Lawyer Fırat Söyle, who commented on the decision, highlighted that there is not a clear nor implicit statement referring to homosexuality in the Law on Public Officers and said that “despite the fact that offences as stealing, bribery etc are disgraceful offences, the administrators are trying to define homosexuality as a part of this category and work accordingly.”

Stating that police officer Osman had been expelled before the state of emergency after the July 15th coup attempt and the legal procedure had been conducted according to the Law on Police Officers. Osman’s lawyer, Söyle said that as a result of the Decree-Law no.682 which was published in January 2017, a “homosexuality ban” was put on all Security, Gendarmerie, and Coastguard Officers. As a consequence Söyle made a claim to cancel this ban: “Until now, only the Military Penal Code has had a  statement as ‘unnatural intercourse with a person’, but this statement has been expanded by including all the Security, Gendarmerie, and Coastguard personnel. After this Decree-Law became a Law, homosexuality was put into a definition as ‘unnatural situation’. Now, homosexual people are punished and dismissed from their jobs, and the personnel who are expelled from Security General Directorate, Gendarmerie General Command, or Coast Guard Command are not employed at other state institutions / establishments. We made a claim to the Constitutional Court on the grounds that this Article (8/6-cc of Law no.7068) is contrary to Articles 2, 10, 13, and 20 of the Constitution and Articles 8 and 14 of the European Convention on Human Rights.”

Now, Osman started the legal struggle in order to resume his job for the second time. With his lawyers, he requested the revision of the decision from the Council of State. The decision will be made within the coming days.  When we met for this interview, Osman said that “I am announcing to the public the cruelty that I have faced, the rest depends on the opinion of the people.” After indicating that his performance grades are high, he has a report stating “there is no inconvenience for him to work as a police officer”, and those who started the disciplinary proceeding about him and decided his expulsion in 2013 are under arrest now due to accusations as being involved in FETÖ (Fetullahçı Terör Örgütü – Fetullahist Terrorist Organisation), he added “Why cannot the people who love their country and nation work at the public institutions just because of their sexual orientations? I hope they will correct their mistake soon and allow me to resume my job which I love a lot.”

Now, let’s hear Osman’s words.

When and how did you hear that you were expelled?

A couple of months ago, I went to my job. We have a system called the Personnel Information System. I entered into this system, saw that I was expelled from my job as a result of a court decision, and was devastated.

Can you tell us about the job you had after winning the first reemployment case?

I was working with a team in the field. You know, we get police announcements, go to the location, solve the problem of citizens, and continue our duty again. I was working in İstanbul. I had a really nice work environment. I was getting along with my co-workers. I was the team leader.

Did the other officers at the police station know that you were reemployed after being expelled?

They knew it, but they didn’t know the reason for the expulsion. They were saying with puzzled eyes that “how come this could happen to a person like you?” Then, I mean, a couple of months ago, my co-workers called me when I was expelled again and they told me that “We are always here for you. You are always our team leader. We live in the 2000s and it is so cruel that a person is expelled because of a reason like this.”

So, they heard about the reason for the expulsion this time, didn’t they?

Yes, they heard the reason, as well. Someone told them at the police station.

You hid your sexual orientation at the police station where you started working after being expelled the first time. When you were expelled for the second time, it led you to come out to your co-workers, didn’t it?

Yes. After hearing the decision, they called and told me that they wanted to gather some money from among themselves and send it to me, and they wanted to meet with me. They did their best for me, to make me feel that I am not alone. I still meet with them, all of them are waiting for a positive decision to be given and for me to continue working with them. Moreover, a friend of mine told me that “I just got married. If my child in the future is a homosexual and wants to be a soldier or police officer, they cannot work in these jobs, can they?”

It seems the things you have faced have changed the police officers at the police station you worked.

Yes. I mean, the world has changed now, so we need to keep up with the changes. They see us as immoral people. Whose morals are these, what are they?

How does sexual orientation affect the job as a police officer?

It doesn’t affect it. Let me explain it like this: We are given performance grades annually at the end of each year. During the three years that I worked after gaining my right to be re-employed, the grades that I received was “excellent” which is the highest. You can see from this whether or not I let my sexual orientation be involved in my job. Actually, there is nothing to be involved, we are not from the outer space. We are the people of this country, too; we love our homeland and the people of our country. I wore that uniform with pride and I will again. I will win this case, too.

When we met 5 years and a half ago, when you were expelled the first time, you were so determined and won the case. What did you do till the time the re-employment decision was made? How did you pay your living expenses?

I worked. I found some jobs in the private sector. I stood on my own feet. There is always bread for a person who works. Each of us has just one stomach to fill.

You seem to love your job a lot. Have you always wanted to be a police officer?

I like helping people. I have always been a solution-oriented person. Who asks for help from a police officer? People who have trouble. I have been working as a police officer since I was 20. To me, the importance of solving a person’s problem and seeing the happiness on their face cannot be compared with anything.

How does being expelled from a job you work with passion feel like?

I can’t accept it, sometimes I can’t sleep because I am thinking about it. Because I’m in a situation that cannot really be accepted. The state makes me othered. I wish there was a machine which could compare my devotion to our country and my work ethic with those of the people who made this decision about me. Am I clear?

But you cannot work at the job you love because of a discriminatory law which bans homosexual people.

Yes, I have been exposed to discrimination, I have been unjustly treated, but I was on the streets during the night of the 15th of July for my country. If it were today, I would do the same. There was a coup attempt. I went out to protect our country and republic on that night, as every citizen should do.

Were you working as a police officer during it?

Yes. We received a message from the communication office, saying “go to the units you are located”. And I went to the closest police station, then I came to Vatan. We had a one-on-one fight that night. Why can’t people who love their homeland and nation in this country work in public institutions just because of their sexual orientation? Recently we see in the news cases of bribery, rape in a police car, police officers who cooperate with drug dealers. I didn’t do any of this. I just acted with my human feelings, I liked a person and I was judged because of it. President Erdoğan said yesterday that all citizens live their rights and freedoms in the broadest sense and that no one has the authority to intervene.

Now, you are fighting against the expulsion from the job the second time. How does it feel?

It hurts because I love my job a lot. I am always ready to die for this country. I do not have another homeland to go. I took the exam with the people whom I had been drafted together at the same time; then I passed the exam, met the requirements for the state of health, and became a police officer in this country. However, I face discrimination now, despite the principle of equality at the Constitution. If there was a situation preventing me from being able to work as a police officer, then I would say OK. But I went to Bakirköy Psychiatric Hospital twice and I got the report stating “there is no inconvenience for him to work as a police officer” on both times. I have excellent performance grades, but you see the decision of the court. I am tired of being a victim from this sort of thing. Can they destroy me? No, they cannot, I am a strong guy.

The Osman I met 5 years ago was different. Now, I see a self-confident, fighter, resistant Osman. Do you feel the same?


If the things you face make you stronger, that means you are on the right path. One of the reasons for this interview is that: Yes, we are a couple of people; however, there is a quote from His Holiness Umar “if there is nothing you can do against cruelty, announce it to the people.” I made it my priority. I am announcing to the public the cruelty that I have faced, the rest depends on the opinion of the people. I hope they will correct their mistake soon and allow me to resume my job which I love a lot. Actually, this is not asking a favour, I will not die until I get my right back.

During the first time you were expelled, you didn’t have any relation with activism nor the civil society. But in the meanwhile you met with LGBTI organisations. Can we say that this period made you an activist?

Yes, I realized the importance of organisations. Two heads are better than one. Maybe it seems like I am fighting alone, but there are lots of activist people who support me.

Before 2013, I mean, before the first expulsion, did you as a police officer have any prejudice against activists?

Police officers and activist people generally stand on opposite sides. But you stand at some kind of junction. It is correct, if you are a police officer, you have to obey the orders when a superior gives them, as long as these orders comply with the laws.

Orders may not always comply with the laws. I couldn’t go on without saying this when I find a police officer who answers my questions.

Then, you ask for a written order and fulfil the duty. No unlawful order can be given. If so, it is not fulfilled.

Regarding the topic, we can understand from their glances and body languages that police officers dislike or even hate activists and journalists.

Yes, because we have become polarised.

The thing that I am trying to understand here is that, did your thoughts about civil society and social movements change during your fight after the expulsion?

They definitely changed. I look at the case now as a human being. Nationality, gender, sexual orientation, etc are not really important. A person is a human being. Now, I don’t have any relation with politics, I stand apolitical.  

 

Court nullified the termination of a contract due to a “homosexual relationship”

Source: “Court nullified the termination of a contract due to a “homosexual relationship” (Mahkeme “eşcinsel ilişki” gerekçesiyle sözleşme feshini iptal etti) Kaos GL, 30 January 2019, http://kaosgl.org/sayfa.php?id=27479

The 34th Labor Court of İstanbul enforced the re-employment of R.S. whom Kağıthane Municipality fired without any severance pay upon discovery of a “homosexual relationship”.

The lawsuit filed against Kağıthane Municipality by garbage truck driver R.S. whom the Municipality fired without severance pay as a consequence of being in a “homosexual relationship” has been concluded. The court accepted the re-employment lawsuit of R.S. and nullified the termination of the contract.

According to the news piece by Dinçer Gökçe from the newspaper Hürriyet, the lawsuit was heard at the 34th Labor Court of İstanbul, where R.S.’s lawyer Mehmet Benan Ülgen demanded that the re-employment lawsuit be accepted, and stated that his client had no grounds to be fired.

Kağıthane Municipality’s lawyer Nebi Karaca stated as the defense that the lawsuit was not filed within the trial time limit and asserted that “we have rightful and valid reasons for the termination”.

After hearing the claims of both parties, the court decided to accept the lawsuit and invalidated the termination of the employment contract. As a result of this decision, R.S. can go back to their job.

The lawsuit of the other garbage truck driver A.S. who also filed a lawsuit will be heard in February.

What happened?

In July, the newspaper Hürriyet published the news with the headline “the homosexual relationship of garbage truck drivers caused trouble in the Municipality” and announced that the Municipality “fired 3 garbage truck drivers for having intercourse with the garbage collector laborer who works with them”. The newspaper used a discriminatory language regarding the violation against the right of privacy and the right to work.

Kağıthane Municipality said to the newspaper that the event which it describes as “improper” didn’t take place during the work hours and “as a result of the internal investigation carried out at once, the required procedure was conducted and the relevant people was fired immediately”.

The newspaper published these events as news and stated that “Kağıthane Municipality is shaken by the news of a homosexual relationship between 4 laborers who work in garbage collection for the district.”