Kürşat Mican

Evrensel: Mican’s threats and hate speech is considered freedom of speech

The Istanbul Chair of the Alperen Hearths Foundation, Kürşat Mican’s threats and hate speech against LGBTI Pride Walk was evaluated and ruled to be within the scope of freedom of speech by a state prosecutor’s investigation. Despite the fact that Mican is not a journalist, the prosecutor emphasized the ‘freedom of press’ in his verdict.

Source: Cansu Pişkin, “Mican’ın tehditleri, nefret söylemi ifade özgürlüğü sayıldı!”, Evrensel, February 10, 2018, https://www.evrensel.net/haber/345211/micanin-tehditleri-nefret-soylemi-ifade-ozgurlugu-sayildi

A criminal complaint had been filed against Kürşat Mican, who used threats and hate speech bearing statements during a television programme on KRT. The statements were directed towards the LGBTI Pride Walk planned to take place on June 25 last year. Lawyers Rozerin Kip and Levent Pişkin filed a complaint to the Istanbul Office of the Chief Public Prosecutor, stating that Mican was inciting the public to hatred and animosity, using threats and insults. Mican had threatened the Pride Walk with the following statements: “These people plan to build a structure in every neighborhood. We warn our Intelligence Agencies. This is a project of the capitalist, communist, imperialist powers. They aim to spread homosexuality, to destroy the unity of family, to stop procreation, to end the husband-wife relationship and to prevent the growth of a generation which is a result of said relationship and which would do good for this nation. This dynamite is planted at the foundation of the structure of the family. Young people are getting inclined towards this direction. They especially went down to working at the level of neighborhoods. We will not allow this, whatever the cost may be. I’m addressing the Turkish nation, these are very dangerous structures. We need to prevent this immorality, this will spread otherwise. If the state allows this, we won’t. Where ever they will walk, we will go and block that region, that avenue, they won’t be able come there anyway. We will not let them walk. We can find 200 thousand people if need be.”

The statements were interpreted as within the legal parameters of press freedom.

Public Prosecutor Ersoy Altıntaş from the Istanbul Office of Chief Public Prosecutor Press Crimes Inquiry Bureau evaluated the criminal complaint and found the statements to be within the scope of freedom of speech. Rather than focus on Mican’s words, Altıntaş frequently emphasized ‘press freedom’ in his verdict and on the medium of the statements, the TV channel, and the program–even though Mican is not a journalist. Altıntaş stated: “If a journalist is sentenced for helping disseminate another person’s words, this will create a serious obstacle against the contribution of the press in public debate. Thus, this should not be the path to take unless there are valid reasons to do so. To set the condition for the journalists to systematically refrain from statements which can hurt, incite, or defame others does not comply with the role of the press to inform the public on current affairs, opinions and notions.”

Prosecutor Altıntaş also suggested “freedom of speech is among the most fundamental rights in a democratic society” and stated “according to the regulation in the law, there needs to be a concrete danger in order to have an element of crime. The news article in this case does not create such a concrete danger; therefore, as in the incident for which the complaint is filed, the legal elements for the alleged crimes are not existent. As a result of the investigation carried out by our Office of Chief Public Prosecutor, it was understood from the documents pertaining to investigation that the alleged crimes had not come into existence”. The case is at the moment deemed as nolle prosequi. Rozerin Kip and Levent Pişkin have stated their intention to file an appeal to this verdict.

Kaos GL: “Good behavior” reduction to threat against LGBTI+ individuals

Far-right ultranationalist Alperen Hearths’ Istanbul Chair Kürşat Mican receives a judicial fine of 4,000 Turkish Liras (about 1,050 USD) due to his “good behavior” on trial where he was charged with “inciting the public to hatred and enmity” after he threatened Pride March. The Alperen Hearths are a far-right ultranationalist and Islamist youth group linked to the nationalist Great Union Party (BBP).

Source: “ ‘Good behavior’ reduction to the threat against LGBTI+ individuals” (“LGBTİ+’ları tehdide ‘iyi hal’ indirimi”), kaosgl.org, December 14, 2017, http://kaosgl.org/sayfa.php?id=25086

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The third hearing of the trial of Alperen Hearths’ Istanbul Chair Kürşat Mican took place on Dec. 14 in Kartal Courthouse, 44. Court of First Instance. Mican was charged with “inciting the public to hatred and enmity, deliberately insulting a section of the public based on differences in social class, religion, sect, gender and region” after his threat against the 2016 LGBTI+ and Trans Pride March.

Mican, on trial with a demand for up to 6 years in prison, was sentenced to 4,000 Turkish Liras (about 1,050 USD) judicial fine due to his “good behavior” on the charge of insulting a section of the public based on differences of gender. Dogan news agency reported that the court decided that the fine be paid in 10 installments.

Ankara ban becomes premise for Mican

Mican defended himself at the last hearing, saying “The state should not allow these to do such things. Our state has protected every sect’s belief but the liberty demanded here is not a normal liberty.” At today’s hearing Mican pointed out the ban issued by the Ankara Governor’s Office against LGBTI+ activities as a premise.

What had happened?

Muslim Anatolia Youth, a group organizing over social media issued a call for an event called ‘ We won’t let undignified perverts walk’ against the 2016 LGBTI Pride March planned for June 26 and June 16 Trans Pride Marches.

Alperen Hearths Foundation Istanbul Chair Kürşat Mican threatened the June 26 LGBTI Pride March, using homophobic and transphobic hate speech. Alperen Hearths had gathered on Istiklal Avenue during Pride Walks as a small group and tried to provoke the crowd yet failed to block the walk. Their chair Mican stated:

“We will never allow this type of immoralities which touch upon the nerve ends of the society disguised as Pride Walks, to be normalized or encouraged. Our reaction will be clear and severe. They always do the same things on a holy month. They mock us, ignoring our values and making fun of us. Esteemed state authorities, do not let us be occupied with these. Either do what’s necessary or we will take care of it. We will take every risk, we will directly block the walk. Our state should stop this, considering our national values. Because this is not a normal liberty. This is our warning now. We let you know about what is to come beforehand, we will not be held accountable after this point.”

Istanbul LGBTI Solidarity Association and Human Rights Association had filed a common criminal complaint regarding the threats and demanded that Mican and other stand trial. Halkevleri had also filed a criminal complaint.

Following the reactions Mican suggested that he did not threaten the walk, saying “I’m not suggesting that we chase people around with bats in Taksim.”

Bianet: The defendant who threatened LGBTIs and his lawyer do not show up in court

Trial began today for Alperen Ocakları Istanbul Provincial Chair Kürşat Mican, who made a call for violence directed at Pride Week participants. Neither Mican nor his lawyer attended the hearing. 

Alperen Ocakları (Alperen Hearths) are a far-right ultranationalist and Islamist youth group linked to the nationalist Great Union Party (BBP).

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Source: Çiçek Tahaoğlu, “LGBTİ’leri Tehdit Eden Sanık da, Avukatı da Mahkemeye Gelmedi,” Bianet, 18 May 2017, http://bianet.org/bianet/lgbti/186590-lgbti-leri-tehdit-eden-sanik-da-avukati-da-mahkemeye-gelmedi

The first hearing of a trial leveled at the Alperen Hearths’ Istanbul Provincial Chair Kürşat Mican for his threatening calls directed at Pride Week participants last year took place in the Kartal Judiciary’s 44th Penal Court.

Defendant in the trial Mican and his lawyer did not attend the hearing, but six people who were Alperen Hearths members and wore BBP badges came to observe the hearing. After six observers from Alperen Hearths entered the courtroom, only six people from [a group of] LGBTI rights advocates were let into the courtroom.

A decision was issued to forcibly bring to court Mican, who did not have justification for not attending the hearing.

Eight lawyers were at the ready for the trial, in which the Istanbul LGBTI Association, the Human Rights Association (IHD) and representatives from community centers joined as complainants.

The next hearing will take place on 5 October at 13:30.

Mican is being tried for the crime of “incitement of animosity and hostility or contempt” (Turkish Penal Code 216 / 1.2).

Defendant who made calls for violence had been tried before for torture

While saying that discrimination against LGBTI individuals was wrong, lawyer Eren Keskin emphasized that in the European Court of Human Rights, the only and most indicative criteria for speech constituting a crime is making calls for violence.

Keskin, while reminding [the court] that the defendant had been tried previously for torturing a person for eight days, demanded that Mican be held pending trial.

While saying that the calls for arrest were rejected at this stage, the court issued a decision to bring Mican to court forcibly for the next session. Mican did not have justification for not attending the hearing.

“A threat not only to LGBTI [individuals], but to all citizens”

Rozerin Seda Kip, one of SPoD LGBTI’s lawyers, requested to intervene in the case. Kip, who emphasized that SPoD [a non-governmental LGBTI organization in Turkey] had 400 LGBTI members, said that they had another file in which they were complainant against the defendant that was in the investigation stage.

Kip, who spoke to Bianet, explained that while the chief judge asked all complainants who gave statements, “Are you LGBTI?” the defendant’s calls were violent and a threat to not only LGBTI [individuals], but to all citizens in the country.

Kip said the following: “We remember the experiences of Pride Week like yesterday. We will pursue this trial. Many of our lawyer friends joined this trial. There will be even more of us in the next hearing.”

What happened?

Last year, prior to the 7th Istanbul Trans Pride March planned for June 19 and the 14th Istanbul LGBTI+ Pride March planned for June 26, a number of groups such as the Anatolian Muslim Youth and Alperen Hearths spread threatening messages and called for attacks of the marches.

While Alperen Hearths put together a press meeting in Üsküdar on June 14 at 22:30, [their] Istanbul Provincial Chair Kürşat Mican said that if the government did not block the marches, Alperen Hearths would block them as “representatives of the deep nation.”

On June 17, the Istanbul Governorship announced that it would not “give permission” to either one of the marches.

Istanbul LGBTI, the Human Rights Association (IHD), SPoD LGBTI, and the Pride Week Committee alongside individual activists turned to prosecution and filed a criminal complaint about the threats directed at the marches and the Governorship’s decision to ban the marches.

In the criminal charge prepared for Alperen Hearths Istanbul Provincial Chair Kürşat Mican, it is requested that Mican be punished for the crime of “incitement of animosity and hostility or contempt” (Turkish Penal Code 216 / 1.2).

Istanbul LGBTI+ Pride Week Committee sues leader of far-right group for targeting Pride 2016

 

THIS IS OUR CALL!

On the eve of LGBTI+ and Trans Pride Marches in Istanbul on 2016, Alperen Hearths Istanbul Chair Kürşat Mican organized a press meeting and declared us to be “immoral,” threatening the marches. Mican’s statement that “We will never, ever allow such Immorality, like this march that is called “honor” but really it is immoral, that touch the nation’s nerves, to be normalized or encouraged” is deliberate hate speech directed against LGBTI+s’ struggle for honorable life and it can not be accepted. As LGBTI+s we are taking him to court!

As a result of our criminal complaint against him, Kürşat Mican will be tried on the charge of “inciting the public to hatred and animosity.” The first hearing is on Thursday, May 18, 13:30 at Kartal Courthouse 44. Court of First Instance. We are expecting all our friends to support our case at Kartal Courthouse on May 18, 13:30.

We will initiate a social media campaign with the hashtag #alışındavacıyız (#getusedtoitwesue) on May 16, 21:00, to make our voices heard and to stand by our Pride Week and our case.

We will be plaintiffs for all the injustice, pressure, and hate speech against us!

Get used to it, we are here, #alışındavacıyız!