o norma Nombre-descripción de la norma Tipo Fecha Tema

20.05 As noted in the Human Rights Watch (HRW) report dated 16 October 2007, Turkey: End Legal Action Against Gay Rights Group:

“The Governor’s Office of Istanbul has demanded the closure of Lambda Istanbul, an organization defending lesbian, gay, bisexual and transgender (LGBT) people’s rights in Turkey, claiming that the name and objectives of the group are “against the law and morality”. The governor had asked in early 2007 that the group be shut down; in July, the local Prosecutor’s Office rejected the complaint. The Governor’s Office then took the case to a higher court, the Beyoglu Sutluce Court of First Instance No. 5, which heard the case in July 2007 and ordered a second hearing for October.” [9f]

20.06 The European Commission 2007 report recorded that:

“As regards anti-discrimination policies, the principle of anti-discrimination is enshrined in the Constitution and upheld in several laws. However, there is no specific protection against discrimination on grounds of age or sexual

orientation. A closure case against an association, which represents lesbian, gay, bisexual and transgender people, is ongoing. Transsexuals and

transvestites are, on occasion, subjected to physical harassment. There is a need for the police to properly investigate such cases.” [71d] (p20)

20.07 As reported on 13 October 2005 on the website of the Kaos GL:

“An official demand to ban Turkey’s first gay rights association was rejected by a prosecutor on Wednesday, allowing the KAOS Gay and Lesbian Cultural Research and Solidarity Association to continue to operate, reports Agence France-Presse. The decision was hailed by gay rights activists as a big step in combating discrimination in the country, which hopes to join the European Union. The Ankara governor’s office had informed KAOS last month that it had asked a court to dissolve the group because ‘associations against law and morality cannot be established.’ But the prosecutor reviewing the demand decided not to proceed with a court case on the grounds that the words ‘gay’ and ‘lesbian’ are used both in daily life and scientific research with no inhibitions and that homosexuality does not amount to immorality. ‘This is a big step in efforts to remove sexual discrimination in all areas of social life and allow Turkish homosexuals the equality and justice they deserve,’ KAOS said in a statement.” [96b]

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20.08 In a recent press release ‘Cancellation of the LGBT March in Bursa’ by the international Lesbian and Gay Association (ILGA) accessed on 22 August 2006, it was reported that:

“Our legal march has been suspended with the reason of an illegal aggressive protest! Our legal demonstration with a legal permission on 06.08.2006, called Homosexuals do have Associations; in front of the city museum has been hindered. With our friends from the organizations of Lambdaistanbul, Kaos GL, Pembe Hayat and from other cities who came to support the demonstration we have organized, we were surrounded by some aggressors and stuck in our building of Rainbow Association. About one hundred transvestites,

transsexuals, gays, lesbians and bisexuals coming from Istanbul Ankara and Bursa have been cursed and have not been let out of the building, moreover our building has been stoned. While aggressors were using even carring guns with fake bullets the officials who confirmed the legal permissions only watched our fundamental human right to peacefully march and demonstrate being violated. In that sense the civilian authorities are collaborators of the illegal lynch atmosphere experienced outside the building.” [27a]

20.09 As reported on the website of the Kaos GL on 4 October 2006:

“Belgin still vividly remembers the night, more than a quarter of a century ago, when police herded her and dozens of other transsexuals and transvestites on to a train as part of a campaign to clean up Istanbul.We did not know where the train was taking us. The police beat us and locked us up in the wagons. They gave us no water or food, she said, evoking scenes reminiscent of World War Two… Rights groups say transsexuals face increasing violence and this reflects a wider trend in Turkish society -- the growing influence of Islam in daily life since the centre-right AK Party, which has Islamist roots, came to power in 2002.Now the police raid their bars and take these people into detention more frequently, said Huseyin Ayyildiz, branch secretary of the Human Rights

Association in Istanbul. He said this reflected the AK Party's promotion of more Islamist-minded police officers keen to defend conservative family values.” [96d]

20.10 As reported on 9 December 2006 on the website of the Kaos GL News:

“A criminal court case has been filed in Ankara, Turkey against the chief editor and owner of Kaos GL Magazine which is the only LGBT Turkish magazine that has been published since 1994. Umut Guner, who is the owner of the magazine on behalf of Kaos GL and vice president of Kaos GL Association, is being accused of publishing pornographic issues based on Turkish Penal Code, Article 226. If he is convicted, he may face up to three years of jail sentence. Turkish Penal Code, Article 226, Part 2 says: A person who broadcasts or publishes obscene images, printed or audio material or who acts as an

intermediary for this purpose shall be sentenced to imprisonment for a term of six months to three years.” [96c]

20.11 The KAOS website however stated that the Turkish government provides neither positive programs to employ women, nor shelters for lesbians who are subjected to violence. Although some women’s shelters still exist, most have been closed due to financial problems. [96e]