violation of the right to life

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.

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The Hearing on the Attacks on Trans People’s Right to Housing Postponed

Source: Kaos GL, “Transların Barınma Hakkına Saldırı Davasında Erteleme,” (“The Case on the Attacks on Trans People’s Right to Housing Postponed,”) 18 December 2013, http://kaosgl.org/sayfa.php?id=15429

The lawsuit filed for the attacks on trans people’s right to life and right to housing in Avcılar’s Meis Compound was postponed until 21 April 2014. Though there is no decision of confidentiality on the file, the judge forced LGBTI activists and the media to leave the courtroom.

In the last days of September 2013, Meis residents verbally and physically assaulted trans residents because of their gender identity and organized walks with torches. Kanaltürk’s “Neşter” (“Scalpel”) TV program aided the hate group.

Lawyer Rozerin Kip, representing the assaulted trans women, stated that 9 homes of trans women were sealed with the allegation of prostitution. The suspects in the Meis case are residents in the Meis and surrounding compounds.

More on the case: Avcılar-Meis Housing Complex: Violation of the Right to Housing

All Three Defendants Acquitted in Trans Murder

Source: “Trans cinayetinde 3 sanık da beraat etti,” (“All three defendants acquitted in trans murder,”) DHA, 13 December 2013, http://www.evrensel.net/haber/74020/trans-cinayetinde-3-sanik-da-beraat-etti.html

The three defendants who were being tried, without arrest, for the murder of trans individual Ece Pulat were acquitted due to a lack of evidence. Ece Pulat was found in İzmir’s Aliağa district having been decapitated and left on vacant land in March 2011.

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SPoD’s Status as Joint Plaintiff in the Case of Roşin Çiçek is Removed Without Reason!

Source: Ömer Akpınar, “Roşin Çiçek davasında SPoD’un müdahilliğine gerekçesiz ret!,” (“SPoD’s status as joint plaintiff in the case of Roşin Çiçek removed without reason!,”) Kaos GL, 05 December 2013,  http://kaosgl.org/sayfa.php?id=15332

In the 8th hearing of the Roşin Çiçek case who was murdered because of his sexual orientation in the southeastern city of Diyarbakır, justice was not granted once again. The new court board removed SPoD’s (the Social Policies, Gender Identity and Sexual Orientation Studies Association) status as a joint plaintiff and the next hearing was postponed until February 10. The arrest warrant for the accused two uncles and the father is still in place.

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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.

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The Case of Roşin Çiçek: Violation of the Right to Life

Since the publication of this report, the 13th hearing of the case was completed on 15 August 2013 with no progress on the prosecutor’s renewal of the meritorious demands. The next hearing will be on 5 December 2013. Roşin Çiçek was 17 when he was killed. 

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 law and justice. (The prosecution has not been completed yet. The file will be analyzed again after the procedures of the local court and the Supreme Court of Appeals.)

Scope of Investigation

Diyarbakır Third Criminal Court for Aggravated Crimes File 2012/495.

Procedures of Investigation

Roşin ÇİÇEK was found wounded following a tip-off on 02.07.2012 at the corner of the Diyarbakır Research and Education Hospital on the road to Elazığ and passed away on 04.07.2012 in the Dicle University Hospital. The autopsy report, requested by the Prosecutor’s Office, revealed that Roşin Çiçek died due to being wounded by a firearm and the bullet’s entry point on the victim’s head revealed that the firearm administered a contact shot.

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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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