Kaos Gay and Lesbian Cultural Research and Solidarity Association and Pink Life LGBTT Solidarity Association is filing a criminal complaint with the Information Technology Bureau of the Chief Public Prosecutor’s Office regarding the group Young Islamic Defense’s statement issued on their website and the posters posted throughout Ankara streets which quote a hadith by the prophet Muhammad calling for the massacre of LGBT individuals. Attorneys Hayriye Kaya, Yasemin Öz, and Oya Aydın are accusing Global Analysis (Küresel Analiz), the content provider for the website, for violating constitutional rights and relevant legislation in the Turkish Penal Code regarding inciting hatred and provocation to crime. Below are key points underlined in the complaint:
- The LGBTIs have been characterized as “THE PEOPLE LIVING THE SUMMIT OF IMMORALITY” and were made the target of homophobic and transphobic hate and violence in the article entitled “Remains of the Tribe of Lot” published in the website www.gencislamimudafaa.com on 6 July 2015.
In the relevant article it was stated that:
“The march of the organization entitled ‘LGBT’, that we are ashamed even to write the long form thereof, has once again proven us that the remains of the Tribe of Lot are still present in this day and age. These people living the summit of immorality also made sure to ridicule the names of the holy Three Months, namely ‘Rajab, Sha’bān and Ramadan’. We could not have remained indifferent, in the God’s righteous path, to this deprived march in the void cause. We showed effort both to raise awareness of our society and to do a small portion of our part. By putting up our posters on this matter to some areas, we shared the hadith ‘If you see the one carrying out the Tribe of Lot’s dirty work, kill the doer and the done!’ mentioned in Tirmidhi and Abu Dawood, with our society in order to show that the Muslims must not stay silent about this and that Islam strictly forbids this matter. Our wish is that we learn the conduct Islam requests from us, in the light of the Quran and Sunnah, instead of learning it from the preachers who cannot scream the truth on televisions.”
Below the statement, there were photographs of the posters (Annex-1) stating “If you see the one carrying out the Tribe of Lot’s dirty work, kill the the doer and the done” that were put up in various areas.
There is an explicit call for the murder of LGBT individuals justified by religious references in the statement on the website and the posters (as shown in the photographs below the statement).
- Article 214 of the Turkish Penal Code entitled “Provoking Commission of Offense” states:
(1) The person who provokes a crime shall be punished by imprisonment for six months to five years.
(2) The person who provokes a section of society to arm itself and kill another section of society shall be punished by imprisonment for 15 to 24 years.
(3) In the event of said crimes being committed, the person who provokes the crime shall be punished as the person who enables the crime.
As explained above and as can be seen in the internet print outs attached to our petition, through this statement and posters, a call is issued to Muslims not to be spectators to “immorality” but to kill LGBT people.
- The right to life is a basic human right. The right to life and the material and spiritual integrity of a person is guaranteed in international covenants and the Constitution. Article 2 of the European Convention on Human Rights also emphasizes the right to life as one of the most fundamental provisions.