Defamation

Pecuniary Fine to Pişkin in “Fag” Tweet Case

Source: Ömer Akpınar, “‘İbne’ Tweet’i Davasında Pişkin’e Para Cezası!” (“Pecuniary Fine to Pişkin in “Fag” Tweet Case,”) kaosGL.org, 22 May 2014, http://kaosgl.org/sayfa.php?id=16655

LGBTI activist Levent Pişkin has been fined 1500 Turkish Liras (720 USD) in the case started against him by Prime Minister Erdoğan for “fag” tweet.

In the second hearing of the case on 22 May 2014, Pişkin has been punished in the lower limit for written defamation (Turkish Penal Code 125/2). Pişkin was sentenced to a fine of 1500 TL to stand for 2 months and 15 days of jail time. Pişkin spoke to kaosGL.org about the decision.

“The judge gave a lower limit sentence out of fear”

Pişkin declared that he will make a complaint to the Constitutional Court because the sentence given is below the appeal range. He said, “It should have been a decision of acquittal. The judge gave a lower limit sentence out of fear.”

In the first hearing of the case, the judge had told Pişkin: “Don’t be scared, we are judges of 17 December. Tell your side freely.” The second hearing, which was to take place on 25 March was postponed and the judge was changed.

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Public Case against Yeni Akit for Insulting Homosexuals

Source: Kaos GL, “Yeni Akit’e Eşcinselleri Aşağılamaktan Kamu Davası,” (“Public case against Yeni Akit for Insulting Homosexuals,”) 19 August 2013, http://kaosgl.org/sayfa.php?id=14666

Kaos GL’s (Kaos Gay and Lesbian Cultural Research and Solidarity Organization) 10.03.2013 objection to the prosecutorial decision, which deemed insults to homosexuals as freedom of expression, was accepted. This is followed by a case against Yeni Akit, a conservative Turkish daily newspaper.

Bakırköy Public Prosecutor’s Department declared a newspaper article that defined homosexuality as “perverse” within “freedom of expression” under Article 10 of the European Convention on Human Rights and gave a non-prosecution decision. However, the court accepted Kaos GL’s objection to this decision and Bakırköy Public Prosecutor’s Department lifted the non-prosecution decision and filed a lawsuit against Yeni Akit.  Now the court will make a decision on whether homosexuality, which has so far divided the judiciary, is perverse or a sexual orientation.

On October 23, 2012 Yeni Akit published an article which states: “The homosexuals who increase their perverse demands everyday under the guise of “democratic rights” have now entered schools. Kaos GL Association printed a brochure and started to distribute it in schools. The brochure presents perverse tendencies as “normal” and asks for “tolerance” towards students who have these tendencies. The aim is to present perverts as “normal”.” Thereon, Kaos GL Association made an official complaint about the the author Furkan Altınok.

Bakırköy Public Prosecutor’s Department stated that the article was within the scope of freedom of the press and decided for non-prosecution. The court, which accepted Kaos GL’s objection to the non-prosecution decision of the prosecution, decided that a lawsuit must be filed against the Yeni Akit article.

The court evaluated Kaos GL’s objection and decided by 2 votes against 1 that the description of homosexuals as perverse in the October 23, 2012 Yeni Akit article cannot be deemed freedom of expression.

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