Turkey Violence was a common thread linking many of the major events involving LGBTI people in 2015. The distressing scenes at Pride, an event that traditionally took place without disruption, were some of the more startling images from the past year. Unfortunately, the brutality directed towards trans women, in particular sex workers, was all too familiar. A well-known activist was raped in hir own home. LGBTI people remained legally unprotected against discrimination and hate speech. Of particular concern was the consistent hate speech from leading political figures and the fact that such actions were not publicly condemned. Positive developments included the ECtHR decision which confirmed that sterilisation is not a prerequisite for legal gender recognition and the largest IDAHOT celebrations ever seen in the capital.

164 ILGA-Europe Annual Review 2016 Access to goods and services Bias-motivated violence l The Bar Association’s Gelincik Center l The first shelter for trans women, run by Istanbul extended its free legal aid services to LGBTI people in LGBTT Solidarity Association, opened in Istanbul in June. January. The Center provides representation and support l There were many reported attacks on trans people in for victims of violent crime. 2015. On 26 January, a trans woman was strangled by a l In February, an Istanbul court fined the Galatasaray client, who then hid her body under a sofa. On 3 May, four bathhouse in Istanbul for refusing to admit a trans woman trans women sex workers from 3 different provinces were in 2013. The court fined the bath owner TRY 3,000 (approx. severely assaulted in seperate attacks. Two trans women EUR 910) for discrimination. were attacked on 12 May; one was attacked by a group of men in Findikzade and brought to hospital by friends, the Bias-motivated speech second victim was attacked on Bagdat Boulevard by five l Ismet Ucma MP (Justice and Development Party, AKP) men. A trans journalist for T24 News, was assaulted by stated that there are “ways and means” of preventing plain clothes police officers while covering a press briefing homosexuality during a speech on 29 January. Peoples’ in June. On 4 August, a trans woman was stabbed in her Democratic Party (HDP, democratic socialism) home in the city of Afyon by a man pretending to be a representatives condemned Ucma’s comments. client. He also attempted to rob her. She was brought to l In a column on the Yeni Şafak website in March, hospital by a friend and admitted to intensive care. pro-AKP Islamist opinion leader Hayrettin Karaman stated l On 31 August, a trans person was killed in the town that Muslims can’t tolerate gay people and that taking a of Ortahisar. They were stabbed 200 times by a client. stand against immoral behaviour was the duty of Muslims. On 23 November, a trans woman was stabbed and l In advance of elections, President Recep Tayyip strangled, apparently by a client of hers in Istanbul’s Erdoğan criticised the HDP’s choice of candidates and Maltepe area. A definite suspect was not identified but their sexual orientation, saying “We did not nominate a LGBTI lawyers in Istanbul were following the legal fake mufti in Diyarbakır or a gay candidate in Eskişehir. We process at the end of the year. On 2 December, a trans do not have such issues”. The AKP’s Foreign Affairs Deputy woman working as a sex worker was stabbed to death Chair Yasin Aktay made similar comments on 30 May in the Haramidere district of Istanbul. On 8 December, when discussing the HDP candidate list. During an a young trans man, who had been protesting in interview with TGRT TV News on 2 June, election Istanbul against curfews in Kurdish cities, was candidate and former interior minister Efkan Ala (AKP) subjected to transphobic abuse and physical talked about marriage equality and said that “…this is the harassment by the police officers who arrested him. destruction of humanity”. l One week after was disrupted (see Employment Freedom of assembly), posters referencing the biblical l On 31 December, a former football referee was cities of Sodom and Gomorrah and a Hadith verse awarded damages for the financial and emotional distress appeared in various locations in Ankara. The posters caused by the Turkish Football Federation. Halil İbrahim asked “Should those who practice the foul labour and Dinçdağ was excused from military service in 2007 on adhere to the practice of the people of Lot be killed?”. A account of his homosexuality. He worked as a referee in group called ‘Young Islamic Defence’ claimed 2009 until the local board of referees stopped him from responsibility. The posters were removed and the group’s taking any professional exams. The Çağlayan Court in Twitter account was suspended. The government did not Istanbul acknowledged homophobic discrimination and publicly condemn the posters and no investigation was awarded Dinçdağ TRY 23,000 (approx. EUR 6,900). His commenced by the prosecutor’s office. lawyers announced their intention to appeal.

ILGA-Europe Annual Review 2016 165 Enlargement l Istanbul’s Pride march was scheduled to take place on l applied to join the European Union in 1987; in 28 June. The parade was banned by the authorities at 2005, negotiations began. In its annual report on progress short notice, citing the overlap with Ramadan. For the first made towards EU accession, published in November, the time in 12 years, the Pride parade was violently disrupted. European Commission stated that discrimination and hate Police officers fired tear gas, water cannons and rubber speech against minority groups, including LGBTI people, were bullets at LGBTI activists and allies. Officers also failed to “major areas of concern”. The Commission made a series of protect marchers from attacks by members of the public recommendations, including the adoption of a comprehensive who opposed the Pride event. MP’s from the Peoples’ anti-discrimination legal framework. The lack of protection for Democratic Party (HDP) and the Republican People’s Party LGBTI victims of hate crime was also addressed, with particular (CHP) are reported to have formed a physical barrier attention being paid to the murder of trans people. between marchers and those assaulting them. In reaction, the Istanbul Governor’s Office said that the parade was Equality and non-discrimination banned and that police had used proportionate force to l In January, the Ministry of Justice replied to a question disperse the marchers. In November, the Governorship from Mahmut Tanal MP (The Republican People’s Party , rejected the request of LGBTI activists to open an inquiry CHP; social-democratic) on their LGBTI-related work by into police conduct at Istanbul Pride. saying “there is no work on the protection and recognition of lesbian, gay, bisexual and trans citizens’ Human rights defenders human rights conducted by our Ministry.”. l In July, LGBTI activist and chair of the Red Umbrella l On 27 January, during Turkey’s UPR session at the UN organisation, Kemal Ördek was raped and robbed at hir Human Rights Council in Geneva, then Deputy Prime Minister home in Ankara. Two men entered Kemal’s home; one of Bülent Arınç (AKP) stated that the lack of any legal protection them raped Kemal and the other took hir mobile phone. for LGBTI people did not mean that their rights were ignored. When Kemal told the police about the incident, the A final report under the UN’s Universal Periodic Review officers were aggressive towards hir. At the police station, process was adopted for Turkey (see United Nations). Kemal was told to drop the case and officers also did not l Ten MP’s from the Republican People’s Party (CHP) believe the rape allegation. The two assailants continued submitted an anti-discrimination bill to parliament in to contact Kemal via phone after their release. The February. The bill proposed protecting LGBT workers in prosecutor’s office completed an investigation and the the public and private sectors but the draft became assailants were to appear before Ankara’s 1st High obsolete as it was not discussed prior to the elections. Criminal Court for a hearing on 27 October. A second l On 14 July, a spokesperson for the UN Human hearing was due to take place in early 2016. Commissioner for Human Rights released a media briefing which condemned the treatment of LGBTI people in Legal gender recognition Turkey, in particular the continuing violence towards trans l An inmate at Maltepe prison had their request to people (see Bias-motivated violence), the poster undergo gender reassignment surgery (after changing her campaign in Ankara (see Bias-motivated speech) and name and gender) approved in January. the attacks on Istanbul Pride (see Freedom of assembly). l In the case of YY v Turkey, the ECtHR ruled that sterilisation is not a necessary precondition for gender Freedom of assembly reassignment surgery, which itself is required for l The IDAHOT celebrations in Ankara attracted the individuals to have their gender legally recognised. In the largest ever number of participants, according to LGBT Chamber judgment released on 10 March, the Court NGO Kaos GL Association. found that the sterilisation requirement, demanded by

166 ILGA-Europe Annual Review 2016 the Turkish courts, breached ECHR Article 8, which l The Turkish military amended its exemptions policy in protects private and family life. The ECtHR held that the November, renaming sexual orientation as a ‘sexual sterilisation requirement could not be considered attitude and behaviour’ instead of a ‘psychotic disorder’. necessary and ordered Turkey to pay the applicant EUR However, LGBTI NGOs were unclear about the effect the 7,500 in non-pecuniary damages. change will have for gay and bisexual soldiers in practice.

Participation in public, cultural and political life l On 2 March, Sedef Çakmak (Republican People’s Party, CHP) received her mandate as a member of Beşiktaş Municipal Assembly. She was originally elected as a substitute in 2014. She is the first openly LGBTI person to be elected to public office in Turkey. l Before the general election in June, LGBTI activists asked candidates to sign a pledge to support LGBTI issues if elected. 64 people signed the Social Policies, Sexual Orientation and Gender Identity Studies Association’s (SPoD) LGBTI Rights Pledge, 22 of which were successful in their election bid. In the November general election, 16 of the original signatories were re-elected. l Baris Sulu (The Peoples’ Democratic Party, HDP) ran in the June general election in the district of Eskisehir. The LGBTI activist was the firstly openly gay candidate to ever run in general elections but was not elected. Deva Özenen (The Anatolia Party, AnaParti; social democratic), a trans women, stood for election in Izmir in June but was not elected.

Police and law enforcement l In April, justice minister Bekir Bozdag (AKP) announced plans to construct LGBT-only prisons. While the ministry stated this was a safety measure designed to protect LGBT prisoners from abuse, LGBTI NGOs and activists said that segregation was another means of ostracising the LGBT community. Construction began on a site in Izmir and from 2017, it is expected that all LGBT inmates will be imprisoned there. l An LGBTI activist who visited an inmate at Bakırköy Women’s Prison in July was harassed by guards. The trans woman was denied entry via the female visitor security entrance and was then verbally harassed by male guards.

ILGA-Europe Annual Review 2016 167