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Discrimination blights the lives of lesbians, Daily as a precaution, which I think was unfair, gay men, bisexual and transgender people Gay and bisexual men are often accused they locked me in a room for seven days. in Turkey. Successive governments have, at of violating narrow definitions of masculinity They guarded the room. I was only able to best, ignored these communities’ demands while and bisexual women suffer go to the toilet once a day when the rest of for their rights; at worst, they have publicly discrimination because of both their gender my squadron was away. I was only able to announced their prejudices, which has and their . Transgender eat when they brought food. Otherwise I compounded negative stereotyping in the people often have greater visibility – which spent 24 hours in that cell.” media, and tolerated homophobia and means they are more likely to be subjected Young gay man who was in the army in Thrace, transphobia by public officials. to violence at the hands of public officials. western Turkey, January 2010.

Many people in Turkey hide their sexual Arbitrary fines are routinely handed out to In the face of government hostility and orientation or from their transgender women going about their daily discrimination, lesbian, gay, bisexual and employers, public officials and even their lives by police officers, in a way that transgender (LGBT) rights groups play a families due to fear of violence or other amounts to systematic harassment and vital role in providing support and advice. negative treatment. They have no legal a punishment due to their gender identity. However, these organizations are also protection against discrimination based on Transgender women have been fined targeted: the authorities attempt to close their sexual orientation or gender identity. thousands of euros for “obstructing traffic” them down, and violate their members’ right Turkey must introduce constitutional or “breach of the peace” while simply to freedom of association. While the groups change creating these protections and walking on the street. If they challenge the paving the way for comprehensive non- fine, they may face a more violent reaction. discrimination legislation. “I was sworn at, harassed Many gay men performing their compulsory military service talk of widespread abuse. and beaten as well as other unbearable things.” “After I talked with my commander the young gay man who was in the army in thrace, western whole squadron found out everything. I was turkey, January 2010. sworn at, harassed and beaten as well as other unbearable things. Then perhaps

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have successfully challenged the Civil Code Public attituDes, legal Lef t: Transgender activist kissing her partner cases against them in court, the judgement Protection at the Pride march, 2009. from the highest appeal court provides a Since the Justice and Development Party Abov e: Pride March in Istanbul, 2009. loophole for further cases to be opened. (AKP) came to power in 2002, there have been some improvements to the protection The government must break with its past Ultimately, continued and accepted of in Turkey. However, legal record and ensure that its officials do not discrimination can be used to justify hate changes so far have not included protection make statements that are likely to increase crimes against lesbians, gay men, bisexual of the right not to be discriminated against discrimination. In June 2011, a significant and transgender people. In 2010, LGBT on grounds of sexual orientation or gender number of members of parliament who associations documented 16 cases where identity. Without protection in domestic law, supported the human rights of lesbian, gay, people were murdered, apparently because widespread discrimination against the rights bisexual and transgender people during of their perceived sexual orientation or of lesbian, gay, bisexual and transgender their campaign for election were elected to gender identity. Crimes such as these people continues, not only within the courts Parliament. The draft Law to Combat continue. On 31 July 2011 Didem Soral, a but also in everyday life. Discrimination and Equality is scheduled to transgender woman living in Istanbul was come before Parliament in this current murdered. According to press reports, the The absence of protection in law, together session. If it is amended in line with alleged perpetrator told police that he killed with government failure to take a stand international standards and it becomes law her because of her identity as a transgender against discrimination also sends a without delay, there would be woman. message to public officials, the media and comprehensive protection in law against all wider civil society: that homophobia and forms of discrimination in Turkey. The authorities’ current policies and transphobia are tolerated. When the former practices are not effective in combating Minister for Women and the Family, Aliye suspected hate crimes. Urgent steps are Kavaf, said in 2010 that “ is “Homosexuality is a biological needed to prevent further hate crimes and a biological disorder, an illness and should disorder, an illness and should to ensure that past crimes are effectively be treated” the government reinforced the investigated, and the perpetrators are prejudice by failing to distance itself from be treated.” brought to justice. the statement or issue an apology. former minister for women and the family, aliye kavaf, 2010

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The legal changes together with the political FreeDom oF association them of violating administrative codes and will to combat discrimination should help to The concept of morality in the Civil Code receiving irregular funding. Such threats to put an end to the discriminatory use and has also frequently been used by prosecutors the right to freedom of expression and interpretation of law. For example, Article to request the closure of LGBT associations. association violate Turkey’s obligations 125 of the Civil Servants Law, prohibiting under the European Convention on Human “immoral and dishonourable behaviour” LGBT associations work to combat Rights. has been used to dismiss civil servants discrimination, campaign for equality and on grounds of their sexual orientation. raise awareness in Turkish society. But the Prominent activists in Izmir have been rights of their members to freedom of threatened by police officers in their own The concept of morality in the Civil Code association have been attacked. The homes, telling them that the police would is used in different fields of public life. authorities have attempted to close down not allow them to live there if they continued Coverage of LGBT issues in broadcast every LGBT association founded before with their campaigning. and print media has also led to legal 2010. proceedings against media outlets for Pembe Hayat (Pink Life) reported that they allegedly violating obscenity and public LGBT support associations in the larger had been issued with an administrative fine morals provisions. In March 2011, the cities in Turkey provide solidarity and a for providing required documentation to the Radio and Television Supreme Council secure space for lesbian, gay, bisexual and local authorities too early. Another - (RTÜK), the state agency for regulating transgender individuals while campaigning based LGBT association, Kaos-GL, reported radio and television broadcasts, started against hate crimes and discrimination. In that they had been issued with a fine legal proceedings against a television addition, civil society networks – known as following an audit by an office of the channel that bought the rights to the film “initiatives” – have been established in Ministry of the Interior, in an apparently Sex and the City 2 . The Council found that Diyarbakır and Eskişehir, and initiatives in arbitrary application of the rules regarding scenes in the film depicting gay marriage other provincial towns and cities are set to receiving funds from abroad. Kaos-GL also “violated national and spiritual values and follow. told Amnesty International that they had Turkish family structure”. If found guilty, the been audited eight times by this office channel will be fined at least 10,000 Far from facilitating the work of these between 2006 and 2009 – a far greater Turkish liras (€4,500). groups, however, the authorities have number than other human rights threatened them with closure, accusing associations were subjected to.

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Lef t: Protest at the closure case against Black associations violate “Turkish morals and suprEmE Court ruling Pink Triangle LGBT Association in İzmir, during family structure”. Complaints by local the “Struggle against hate crimes” week 2009. Governors’ offices have been made against lamdaistanbul faced a closure threat from Abov e: March in Ankara on Anti-Homophobia all but the most recently established LGBT the istanbul governor’s office in 2006. the Day, 2010. rights associations, and it remains to be complaint was rejected by the istanbul state seen whether such attempts will also be prosecutor’s office in 2007 only for the local made against them. authorities in istanbul to appeal this decision. the decision was overturned and a closure Such methods have been employed for case opened. in 2008, the local court upheld There are continued threats of violence and many years. Apart from the costs of the complaint and ordered the closure of the other forms of harassment against LGBT defending these actions, which divert association. that decision was, however, rights activists, but online activism has financial and other resources from the overturned by the supreme Court of appeals provided a safe space in which to campaign associations’ core work, some of the cases and finally confirmed by the local court in and share information. Yet this too has been have been drawn out over years, leading to april 2009 following a high profile campaign threatened. LGBT groups run by activists in uncertainty over their future. in turkey and internationally. Diyarbakır and İzmir on the social networking site Facebook were shut down Despite the ruling of the Supreme Court of the supreme Court of appeals was positive in by Facebook’s site administrators following Appeals earlier in the year, another closure supporting the right of all individuals to form complaints from unidentified individuals, case brought on grounds of public morals associations irrespective of their sexual resulting in the groups losing hundreds of was opened against the İzmir-based Siyah orientation or gender identity, but the verdict contacts. Facebook stated that the groups Pembe Üçgen (Black Pink Triangle) also stated that encouraging others to had been shut down in error, but that they association in 2009 following a complaint by become lesbian, gay, bisexual or transgender were later re-opened. the local authorities. The closure case was was not protected by the right to freedom of rejected by the local court in İzmir on 30 association and that such a justification could The most frequent method used by local April 2010. lead to the closure of an association. authorities to suppress the work of LGBT there is a danger that this ruling could be rights associations has been to open civil used to open future closure cases against law closure cases on the grounds that the lgbt associations.

index: Eur 44/010/2011 amnesty international october 2011 ahmet yilDiz, istanbul ahmet yıldız, an openly gay man, was shot on 15 July 2008 in what many believe to be an “honour killing”. this killing has come to symbolize the authorities’ failure to prevent violence based on an individual’s sexual orientation or gender identity. ahmet yıldız was shot dead outside the house that he and İbrahim Can shared in Üsküdar, istanbul. as in other suspected “honour killings”, the family failed to collect the body

for burial as a gesture of their rejection. l a n o i t a n in the months before the murder, ahmet yıldız r e t n had asked state prosecutors for protection as I

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failure to investigate continued after the murder. © most critically of all, despite the fact that ahmet yıldız’ family had been making threats against hate crimes Although there is a high number of him, no attempt was made to interview his Violent crimes against lesbians, gay men, suspected hate crimes in Turkey, which father, the only suspect, until october 2008, bisexual and transgender people are far include those suspected to have been when an arrest warrant was issued. by this time from isolated incidents, and are frequently carried out with homophobic or transphobic ahmet yıldız’ father could not be found. reported. No official statistics are available intent, the authorities lack effective policies telephone records indicate that by this time but, in 2010 alone, LGBT associations or practices to combat such crimes. he may have travelled to iraq. documented 16 murders of individuals believed to have been killed because of The failure to prevent and effectively nearly three years later, a new judge was their real or imputed sexual orientation investigate suspected hate crimes violates assigned to the case, and at the sixth hearing on or gender identity. the authorities’ human rights obligations. 14 march 2011, an international arrest warrant As a state party to the European Convention was ordered for the father of ahmet yıldız. at the Hate crimes are defined as: “criminal on Human Rights, Turkey has an same hearing, the Court ordered an investigation offences, including offences against obligation to protect the right to life. As part into the threats made against ahmet yıldız by persons or property, where the victim, of this obligation the authorities are required the family before his death. However, at the premises, or target of the offence are to ensure that effective investigations are following hearing on 16 June 2011, no selected because of their real or perceived carried out in cases of alleged violations to international arrest warrant for the father of connection, attachment, affiliation, support the right to life. The same Convention also ahmet yıldız had been issued by the police. or membership of a group.” requires that investigations take all amnesty international members are Organization for Security and Co-operation in reasonable steps to uncover a hate motive campaigning for justice for ahmet yıldız. in order to satisfy the requirements of the right to life. “The state has failed to protect Ahmet’s right “The state has failed to protect to life and prevent his killing ” said his partner, Ahmet’s right to life and prevent Obtaining detailed information in relation to ibrahim Can “ This is compounded by the fact the suspected hate murders is difficult. In that, three years on from his murder, those his killing.” many cases information is obtained solely responsible have yet to be caught and brought to ibrahim Can, partner of ahmet y ıld ız through media reporting, while LGBT rights justice... I demand that those who killed Ahmet associations and in some cases partners of are brought in front of the courts. ”

amnesty international october 2011 index: Eur 44/010/2011 Far lef t: Protest against the killing of Ahmet Yıldız at the Gay Pride march, Istanbul, 2011. Lef t: Event against homophobia, with portraits of people murdered in homophobic hate crimes, Ankara University Campus, Turkey, May 2010.

eylül, eskisehir

Eylül is a 24-year-old transgender woman sex worker and founder member of morEl (purple Hand), a local network of lgbt activists. on 1 february 2011, at around 9.30pm, Eylül received a call from a man claiming to be a client and giving what turned out to be a false name. after agreeing on a price, the man arrived at Eylül’s house. when he disclosed his real name, Eylül recognized him as the man who had been allegedly involved in assaults and thefts on other transgender women sex workers.

she asked him to leave but the man refused. after threats of violence, Eylül was allegedly L G raped by the man. S O A K

© “My whole body was shaking. My sister and friends were also very frightened. I don’t know the victims are denied access to information Amnesty International is concerned that how to explain the sheer terror I felt. After he about the investigation. In 2011, Amnesty in cases of suspected hate murders the left, he continued to call on the phone. He kept International made an Information Law Turkish authorities are not upholding their saying ‘you are mine now; I will never leave you request that the authorities provide obligations under international law. By alone’. I am really very scared and don’t know statistics regarding the number of murders failing to involve the next-of-kin of the what to do. I need some kind of help. ” of lesbian, gay, bisexual and transgender deceased in the investigation of suspected Eylül, august 2011. individuals for each year since 2006 and hate murders, the authorities do not meet whether the perpetrators had been brought their obligations to conduct effective on 17 february 2011, Eylül reported that another to justice. In reply, the authorities stated investigations as set out in the case law transgender woman sex worker had been that no such information was available – of the European Court of Human Rights. assaulted by the same man and had needed six which suggests that even the most basic Amnesty International is also concerned stitches to her stomach after being attacked steps to combat hate crimes, such as that through the discriminatory application with a knife. the other transgender woman was effective data collection, are not being of legal provisions for “undue provocation” too afraid to make a complaint to the police. taken. this mitigating circumstance is effectively accepted by courts due to the identity of a criminal prosecution has been started on Despite the lack of detailed information the victim. Finally, the absence of specific grounds of “threats”, “basic sexual assault” from the authorities, some facts do emerge. procedures to investigate hate crimes raises and “violation of the home”. the first hearing Activists point to the manner in which many concerns that the investigations are not is in december 2011. of the victims have been killed as an effective. indication of a hate motive. On occasion, the perpetrators confess to a hate motive for murders and other violent crimes against “I am really very scared and See Amnesty International’s people with a different sexual orientation or don’t know what to do. I need report: “Not an illness nor gender identity. However, shortcomings in a crime”: Lesbian, gay, some kind of help.” bisexual and transgender the investigation and prosecution of these B" !!  C people in Turkey demand    % $!  crimes means that in many cases those Eylül, Eskisehir, august 2011      !% responsible are not brought to justice.  !  % equality (Index: EUR 44/001/2011).

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© conclusion provincial governorships of their obligations to Following the re-election of the AKP act now respect and protect the rights of all people to government in June 2011, there is a real freedom of association, without discrimination. opportunity to make progress towards Please write to your Ministries of Foreign equality for all. There is a growing political Affairs, asking them to call on the Turkish  Take urgent steps to ensure that lesbian, consensus on the need for fundamental government to fulfil their obligations under gay, bisexual and transgender individuals, as constitutional change, including non- international law: well as members of other at-risk groups, are discrimination provisions at every level protected from violence. Ensure that of the law.  Extend Constitutional protections of the discriminatory comments by public officials, right to non-discrimination to include sexual including law enforcement officials, are not The authorities’ current policies and practices orientation and gender identity by amending tolerated. are not effective in combating suspected hate Article 10 of the Constitution. Introduce crimes. Urgent steps need to be taken to comprehensive non-discrimination  Bring perpetrators of suspected hate prevent further hate crimes and ensure that legislation that includes prohibition of crimes to justice promptly and implement past crimes are effectively investigated and discrimination on grounds of sexual measures to encourage reporting of that the perpetrators are brought to justice. orientation and gender identity. homophobic and transphobic incidents, such as specialized agencies with trained Abov e: Collage of some of the people who  Ensure that notions of “public morals” are personnel to which hate crimes can be supported LGBT rights in Turkey at different not used to restrict the exercise of the right to reported, in co-operation with LGBT rights Pride events in 2011. freedom of association on the basis that the groups. Front cove r: Metal Tower with Pride Flags in human rights group affirms diverse sexual , 2011. © Amnesty International orientation or gender identities. Remind

amnesty international is a global movement of more than 3 million index: Eur 44/010/2011 supporters, members and activists in more than 150 countries and English territories who campaign to end grave abuses of human rights. october 2011 amnesty international our vision is for every person to enjoy all the rights enshrined in the international secretariat universal declaration of Human rights and other international human peter benenson House 1 Easton street rights standards. london wC1x 0dw we are independent of any government, political ideology, economic interest united kingdom or religion and are funded mainly by our membership and public donations. amnesty.org