baki koşar

Is the Proposition of Homosexual Intercourse an “Unjust Provocation?”

Elif Ceylan Özsoy, “Eşcinsel İlişki Teklif Etmek “Haksız Bir Fiil” midir?” (“Is the Proposition of Homosexual Intercourse an Unjust Provocation?”), bianet, 17 March 2009, http://bianet.org/biamag/bianet/113198-escinsel-iliski-teklif-etmek-haksiz-bir-fiil-midir

The judiciary in Turkey is, unfortunately, biased against homosexual and transsexual people who have been victimized or murdered. It is a position that essentially blames them and punishes them for existing and constituting an identity.

What hurts our feelings of justice in homosexual and transsexual murders is the fact that the perpetrators benefit from unjust provocation reductions. The defense, memorized by perpetrators, “he proposed homosexual intercourse, I lost it and killed him,” is typical; the court accepts this defense and gives a reduced sentence..

What are  the legal grounds to justify these reduced sentences? In this article, I will discuss the “Situations Affecting Crime” and the Unjust Provocation institution.

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The Case of Baki Koşar: Violation of the Right to Life

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (LGBT Rights Violations: Analysis of Cases.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf

Subject of Investigation
The procedures of the investigation and prosecution and whether these procedures have been conducted according to law and justice.

Scope of Investigation
Istanbul Sixth Higher Criminal Court for Aggravated Crimes File 2006/172 E, 2007/26 K.

Procedures of Investigation
Baki Koşar was found dead on 24.02.2006 in his house at Şişli Bozkurt Mah. Eşref Efendi Sok. No: 84/1.

Proceedings regarding suspect Serhat Süs:

Serhat Süs was taken into custody as a murder suspect on 25.02.2006 after his fingerprints were discovered at the crime scene. The same day, his time in custody was extended by 1 day on the orders of the Şişli Public Prosecutor.

The same day, the Şişli Second Criminal Court of Peace ruled to take blood samples from the suspect for criminal investigation. Again on the same day, the Şişli Second Criminal Court of Peace allowed a search of the suspect’s house.
On 25.02.2006, Serhat Süs’s friend Atilla Uslu gave a statement to the Şişli Public Order Department. In this statement, there was no information that would indicate that the suspect Serhat Süs was prone to violence.

The suspect Serhat Süs used his right to remain silent during his statement to the Şişli Public Order Department on 26.02.2006.

When the suspect Serhat Süs gave his statement to the Şişli Public Prosecutor on 27.02.2006, he admitted to living with the victim but denied the murder allegation. The Şişli Public Prosecutor sent Serhat Süs to the Court with the request for his arrest on the same day.

On 27.02.2006, the Şişli First Criminal Court of Peace interrogated Serhat Süs and the suspect denied the allegations. The Court ordered his arrest. On

07.03.2006 the Şişli Twelfth Criminal Court of First Instance rejected Serhat Süs’s lawyer’s objection to the arrest.

On 27.03.2006, upon the one-month completion of suspect Serhat Süs’s detention and the review of the arrest, the Şişli First Criminal Court of Peace decided that the arrest would continue.

The other suspect, Serhat Bağlan, admitted to the crime on 31.03.2006 at the Public Order Department- Homicide Department and Serhat Süs was released on 01.04.2006 by the Şişli Criminal Court Judge on Duty.

The “Expert Report” submitted by the Criminal Police Laboratory of the General Directorship of Security on 05.04.2006 states that there was no blood trace on the seized belongings of Serhat Süs.

The Şişli Public Prosecutor issued a “Decision of non-prosecution” on 18.06.2006 for Serhat Süs and Serhat Bağlan’s friend Emrah Arslan.

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