unjust provocation

Provocation Reduction for Bishop’s Murderer

Source: Burcu Karakaş, “Rahip katiline tahrik indirimi,” (“Provocation reduction for Bishop’s murderer,”) Milliyet, 24 January 2013, http://gundem.milliyet.com.tr/rahip-katline-tahrik-indirimi/gundem/gundemdetay/24.01.2013/1659533/default.htm

Murat Altun, who was being tried for life in prison for the murder of Bishop Padovese in Iskenderun in 2010, benefited from the unjust provocation reduction and was sentenced to 15 years in prison in January 2013.

Bishop Luigi Padovese, Representative of the Catholic Church in Anatolia, was stabbed to death in his home on 3 June 2010 in the Iskenderun region of Hatay. His murderer Murat Altun was tried for life in prison but received only 15 years jail time. The Iskenderun Second High Criminal Court agreed with the prosecutor’s reasoning that “the defendant’s claim that there was a demand for sexual intercourse must be considered given the principle that the suspect benefits from doubt even though the deceased cannot prove otherwise.” Based on this reasoning the court ruled on the “unjust provocation reduction” for the defendant.

(more…)

The Rights Violations Against LGBT People: Selected Case Analyses

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 (The Rights Violations Against LGBT People: Selected Case Analyses.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf   

The Social Policies, Gender Identity and Sexual Orientation Studies Association has been working in the field of access to law and justice since it was founded two years ago. We have organized educational workshops on LGBT rights for lawyers in order to strengthen LGBT people’s methods of accessing justice. We have also given legal aid to LGBT people whose rights have been violated. Our other work includes tracking legislation, participating in the New Constitution drafting process, and pursuing selected cases.

This report includes case summaries and analyses of SPoD’s selected cases. The selection has been made according to the LGBT public’s key issues. Cases based on the frequent violations of LGBT people’s right to life, work, and housing have been chosen. Emphasis has been placed on joining cases as joint plaintiffs while working with lawyers, NGOs, and the Grand National Assembly of Turkey (TBMM) for positive results. Furthermore, the media has been lobbied for the selected cases to ensure the flow of correct and effective information to the public and to make sure that victims are not doubly victimized by the media’s homophobic/transphobic language. A legal battle has been waged against the “hate language” produced by the media in general. Therefore, we did not focus solely on the legal aspects of the cases but also on their background in order to change the biases that lead to rights violations.

(more…)

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.

(more…)

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.

(more…)

The Case of Ahmet Öztürk: 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 investigation and prosecution and whether these procedures have been conducted according to the rule of law and the tenets of justice.

Scope of Investigation

Istanbul First Higher Court of Aggravated Crimes File No: 2010/368 and Decision File No: 2010/285.

Procedures of Investigation

Ahmet Öztürk was killed on 08.08.2010 at the residential address of Gülbağ Mahallesi, Yağmur Sokak No: 5 D: 9. Ahmet Öztürk was killed at the scene by being stabbed: 3 times on the lower right side of his chest, 1 time on the lower left side of his chest, 1 time in his throat, 1 time in the back of his neck, 1 time in the chest.

The suspects were caught due to an anonymous tip on the following day.

(more…)

The Case of Ahmet Yıldız: Violation of the Right to Life

The case of Ahmet Yıldız was postponed to 7 July 2015, which will be the 20th hearing.

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 investigation and prosecution and whether these procedures have been conducted according to law and justice.

Scope of Investigation

Üsküdar First Higher Criminal Court for Aggravated Crimes File 2009/166

Procedures of Investigation

Ahmet Yıldız was killed by bullets from a firearm fired by his father on the night of 15 July 2008.

There is still no progress at the 13th hearing of the murder of Ahmet Yıldız.

Despite the fact that a red notice has been issued for the defendant’s father Y.Y., he has not been found.

The Incident

Ahmet Yıldız (b. 1982), the son of a family from Urfa, left his partner İbrahim Can at home and went out to get ice cream on the night of 15 July 2008. He was 26 when 5 bullets allegedly fired by his father Yahya Yıldız killed him. He was a senior in Marmara University’s Physics Department and was preparing for his last finals to complete his studies. Though he tried to get away from the aggressor by running to his car and starting it, he could not get far because of 3 injuries to his chest; he lost control of the steering wheel and crashed into a pharmacy’s wall. He died there. His corpse was not claimed by his family and was only received days later by his uncle at Yenibosna Forensic Medicine Institution.

(more…)