30.05.2008 - Source: BBC News

Turkish gay rights group wants to fight its court-ordered ban for "violating morality" ("Turkish gay group will fight ban") [ID 23423]

Document(s): Open document

22.05.2008 - Source: Human Rights Watch

Report on state violence, harassment and abuses against homosexual and bisexual men and women and against transgender people ("“We Need a Law for Liberation” Gender, Sexuality, and Human Rights in a Changing Turkey") [ID 23425]

Document(s): Press Release
Report

03.05.2008 - Source: Deutschlandfunk

Situation of transsexuals in Istanbul; lesbian, gay and transgender activist's group Lambda threatened by closure ("Tabu unterm Halbmond") [ID 23215]

Document(s): Open document

11.03.2008 - Source: US Department of State

Discrimination against gainst homosexuals, gay and lesbian rights organizations ("Country Report on Human Rights Practices 2007") [ID 22978]

"While the law does not explicitly discriminate against homosexuals, gay and lesbian rights organizations Lambda Istanbul and Kaos GL claimed that vague references in the law relating to "the morals of society" and "unnatural sexual behavior" were sometimes used as a basis for discrimination by employers. The law also states that "no association may be founded for purposes against law and morality." This article has been applied in attempts to shut down or limit the activities of NGOs working on gay and lesbian issues.

In July 2006 the Istanbul governor's office petitioned the Beyoglu chief public prosecutor to initiate a case to close the organization Lambda Istanbul, alleging that it violated the civil code by being an organization contrary to laws and morals. On March 13, the prosecutor rejected the complaint. The governor's office then applied to the Istanbul Penal Court, which accepted the complaint and held the first hearing on July 19. At year's end the case remained pending, and Lambda Istanbul was still operating.

On February 24, Bilgi University students established the country's first gay and lesbian university club. Approximately 15 parents lodged complaints with the university administration, and the Turkish Higher Education Council opened an inquiry into the university. Bilgi's dean of students, Professor Halit Kakinc, responded that closing down the club would violate human rights. The club was operating normally at the end of the year.

[...]

Access to the Web sites of Kaos GL, Pembe Hayat, and Lambda Istanbul is blocked from all the computers on the campus of Anadolu University in Eskisehir.

On May 15, members of the groups Pembe Hayat and Kaos GL protested at the Esat Police Station in Ankara. Protestors claimed that transsexuals and transvestites had been unjustly taken into custody and faced mistreatment during their detention. Police officers on duty prevented the protestors from making a press statement during the demonstration."

Document(s): Open document

06.11.2007 - Source: European Commission

No protection against discrimination on grounds of age or sexual orientation ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22420]

"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."

Document(s): Open document

10.10.2006 - Source: International Helsinki Federation for Human Rights

Homosexuality not illegal but authorities refuse to grant particular rights to sexual minorities to protect them from discrimination ("A Minority Policy of Systematic Negation") [ID 18458]

"Whereas homosexuality is not illegal in Turkey and organizations defending lesbian, gay, bisexual and transgender (LGBT) rights have been able to become more visible in Turkish society in the past ten years, Turkish authorities have nonetheless refused to grant particular rights to sexual minorities in order to protect them from discrimination both by the authorities and other groups. The attitude of many Turkish officials toward homosexuals was characterized in the May 2006 Military Court of Appeals decision that ruled in a case of a homosexual conscientious objector that homosexuality is an ”advanced psychological disorder.”

In 2004, gay and lesbian activists were for the first time received in the Turkish Parliament to convey their appeals for legal protection. Their main demand - to make discrimination “on the basis of sexual orientation” an offence carrying a prison sentence - was first included in the draft of a major reform overhauling Turkey’s penal code sought by the EU, but it was not adopted in the final version of the code."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

Cases of discrimination against sexual minorities ("A Minority Policy of Systematic Negation") [ID 18459]

"Several recent events reflect the discrimination that sexual minorities are exposed to in Turkey. For example, gay rights groups have faced difficulties when trying to register as official organizations; gay organizations have been under the threat of closure; gay marches have been banned and police have failed to protect the participants of such events against angry mobs; and one whole issue of a gay magazine was confiscated. In all cases, prosecutors have cited provisions dealing with, for example, public decency, moral values, Turkey’s traditions, and protection of the family. LGBT activists also say that most of them risk their jobs if they disclose their sexual identity.

[...] In July 2005, Kaos GL (in existence since 1994) applied for NGO status with the Ministry of the Interior. In September 2005, the deputy governor of Ankara reacted by saying that official registration of this LGBT organization is against the laws and morality rules and therefore the organization should be closed down. In October 2005, however, the prosecutor allowed Kaos GL to continue to operate.

[...] In 2006, the second legally registered LGBT organization in Turkey, Rainbow Solidarity and Research Cultural Association for Transgenders, Gays, and Lesbians, has been facing the similar process. At the time of writing, the risk of closure is still pending, reportedly on the grounds that the association’s objectives are against the laws and morality rules, and under constitutional clauses relating to “protection of the family.”

[...] A gay march planned for early August 2006 was cancelled by the police because anti-gay protestors took to the streets to hinder the planned demonstration. The anti-gay protestors blocked the street and threw stones at the office of Rainbow, which was organizing the march, and the police ordered the LGBT demonstrators to stay indoor until the protestors had dispersed. As the marchers refused to do so, the police cancelled the march - instead of taking necessary measures to facilitate the march.

[...] In July 2006, a whole printrun of Kaos GL’s magazine was confiscated by court order on the grounds that the issue constituted pornography. The issue’s special section was entitled “Vision of Sexuality, Sexuality of Vision: Pornography,” with contributions by writers, academics, feminists, painters, and photographers discussing “cultural and artistic criticism of pornography via gay-lesbian sexuality,” according to the Kaos GL’s editors, who insisted the magazine was “criticising and questioning pornography.”"

Document(s): Report
Press Release

17.03.2006 - Source: BBC News

Opinion poll shows conservativism of population in matters concerning family and sexuality (other topics: women's empowerment, religion, EU) ("Poll reveals Turkish conservatism") [#46850],  [ID 13911]

Document(s): Open document

10.2005 - Source: UK Border Agency (Home Office)

Report on Homosexuals ("Country Report - October 2005") [#40563],  [ID 13912]

for more detailed information seek out original document page 156

"6.351 As noted in the Amnesty International document ‘Turkey Memorandum on AI’s recommendations to the government to address human rights violations’, dated 1 August 2005:

“Article 122 of the draft of the new TPC which forbids discrimination on the basis of ‘language, race, colour, gender, political thought, philosophical belief, religion, denomination and other reasons’ was amended at the last moment so that ‘sexual orientation’ was removed from the draft. Amnesty International is therefore concerned that discrimination on the basis of sexuality was not criminalized in the new TPC. This is coherent with Article 10 of the Constitution which states that ‘Everybody is equal before the law without making any distinction on the basis of language, race, colour, gender, political thought, philosophical belief, religion, denomination and other reasons.’ Amnesty International considers that both these articles should be amended to ensure full equality in law and practice of individuals of different sexual orientation.” [12s] (Section on Minority rights and discrimination)

6.352 As outlined by the international Lesbian and Gay Association (ILGA) (website accessed 17 February 2005) homosexuality for both Gays and Lesbians is legal in Turkey and the age of consent is 18. The ‘Lambda Istanbul’ which is a ‘liberation’ group for gay, lesbian, bisexual and transgender people in Turkey states that “There are no articles on homosexuality in the law but vague references to public morals and public order. The police has the legal right to take anyone who looks suspicious to the police station for interrogation.” [27a] (p1-2)

6.353 The website of Lambda Istanbul (accessed in February 2005) states that “Lambda, Istanbul is the largest queer [Homosexual] liberation group in Turkey. It was formed by a small number of gays and lesbians as a result of a police ban on Christopher Street Day celebrations in 1993. Since then, Lambda, Istanbul has grown in membership and aims to raise its voice on behalf of the gay communities in Istanbul.” [33] (p1)

6.354 The website of KAOS GL (‘Brochure for KAOS GL’ accessed on 1 October 2005) states that “KAOS GL is a group founded in September 1994 with the purpose of bringing Turkey’s homosexuals together to struggle against discrimination. The group’s underlying philosophy is that liberation of homosexuals will also free heterosexuals. KAOS GL has been publishing the journal KAOS GL (now a quarterly) since it was founded.” [96]

6.355 As reported by Human Rights Watch on 27 September 2005:

“Selahattin Ekremoglu, deputy governor of the Turkish capital Ankara, on September 15 wrote a letter to the gay and lesbian group Kaos GL that said a court procedure had been opened to dissolve the organization. He claimed that the name and regulations of the group violated a provision in the Turkish Civil Code that forbids ‘establishing any organization that is against the laws and principles of morality.’… On July 15, Kaos GL applied to the Ministry of Interior for recognition as a nongovernmental organization. The ministry initially approved the request, but the Ankara deputy governor, who reports to the Interior Ministry, has now responded by launching a lawsuit to close the organization.” [9h]"

Document(s): Open document

27.09.2005 - Source: Human Rights Watch

Deputy governor of Ankara wrote letter to gay and lesbian group Kaos GL that said court procedure was opened to dissolve organization; group is said to violate provision in Turkish Civil Code that forbids "establishing any organization that is against the laws and principles of morality" ("Turkey: Officials Try to Shut Down Rights Group") [#37098],  [ID 13913]

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: There is no legal provision making homosexuality punishable ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991],  [ID 13915]

"There is no legal provision making homosexuality punishable. Article 419 of the Turkish Criminal
Code does, however, allow for the prosecution of anyone who acts shamelessly in public or publicly
engages in certain sexual acts. However, no difference is made according to sex or sexual
orientation. In 2000 there were 175 cases in which charges were brought on the basis of that Article.
More than eighty per cent of the suspects were male.
There is a certain ambivalence towards homosexuality in Turkey. 'Active' sexual partners are not
usually considered homosexual. In the eyes of many Turks, only 'passive' sexual partners are
homosexual. Many homosexual prostitutes complain that men willingly make use of their services,
but then scorn and slander them in public. In Turkey not everybody draws a distinction between
transvestites and transsexuals.
In general homosexuals need not fear official persecution by the Turkish authorities. There is no
policy actively directed against homosexuals in Turkey. Nor is there any policy on the basis of
which homosexuals have less access to public institutions or fewer rights to practice a profession
than other Turks. In practice, however, people may lose their jobs when it becomes clear that they
are homosexual. Homosexuals are at risk of harassment and obstruction by local government
representatives who allow their personal views to override legal regulations. It is therefore common
for homosexuals to try to conceal their proclivities.
Rural areas, as well as relatively conservative places, such as Konya, are not very tolerant of
homosexuals. Individuals experiencing problems in their social environment because of their
sexuality appear to escape them to some extent by moving to places like Istanbul, Izmir or Ankara,
where there is now a fairly well-developed homosexual scene.
There are some homosexual rights organisations. The most important are Lambda, founded in
1993, in Istanbul, and Kaos GL in Ankara. They organise weekly activities, and national
demonstrations take place several times a year. Since 1994 Kaos GL has published an eponymous
bi-monthly magazine which is available in alternative bookshops in many cities. Interest groups are
tolerated but claim that local authorities have been obstructive in the past. In 1995 and 1996 public
demonstrations were forbidden by the police. However, in 1999 and 2000 they were allowed to
take place."

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: Situation of transvestites; transvestism is not prohibited by law ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991],  [ID 13916]

"Turkish law does not prohibit transvestism. Nor does government policy discriminate against
transvestites in any way.
As in the case of homosexuals, attitudes to transvestites in Turkey are also ambivalent. Some
nationally known transvestites from the world of show-business are highly regarded in Turkey.
Huysuz Virjin is a famous transvestite who presents a popular talk show on television. The
transvestite singer Zeki Müren, who died in 1996, was given a state funeral for his services as a
singer. Less famous transvestites face more difficulties. Often those who are open about their
transvestism cannot find work. A large proportion of transvestites in Turkey support themselves
through prostitution. A known spot for them to ply their trade is the E-5 ring road near Istanbul.
From time to time, transvestite prostitutes are attacked by customers, passers-by, or local police
officers. There are at least two known cases of transvestites who have reported police misconduct
and where the police officers have actually appeared in court. One of them is the Police Chief
with the nickname "Hose Süleyman", who is alleged to have beaten transvestites with a length of
hose. A sentence of 27 years is being called for in his case, which has not yet closed.
A considerable number of people who are currently going through life as transvestites would like to
have a sex change but are unable to because it is too expensive (approx. US$ 5 000)"

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: Transsexual operations are legally permitted and may be performed in Turkey subject to a number ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991],  [ID 13917]

"Transsexual operations are legally permitted and may be performed in Turkey subject to a number
of conditions. The new Civil Code, which entered into force on 1 January 2002, imposes stricter
conditions than in the past. Candidates must submit a medical certificate stating that the sex change
is necessary for the mental health of the person concerned 2. Persons who have undergone a sex
change can record this fact in the civil register and are allowed to marry afterwards.
The ambivalent social attitude towards transvestites also applies to transsexuals. The famous
singer, Bülent Ersoy, who had a sex change in 1980 and married as a woman in 1999, is idolised but
less well-known transsexuals face the same difficulties as transvestites. Their position in Turkish
society is also generally comparable to that of transvestites.. The new Civil Code, which entered into force on 1 January 2002, imposes stricter
conditions than in the past. Candidates must submit a medical certificate stating that the sex change
is necessary for the mental health of the person concerned. Persons who have undergone a sex
change can record this fact in the civil register and are allowed to marry afterwards.
The ambivalent social attitude towards transvestites also applies to transsexuals. The famous
singer, Bülent Ersoy, who had a sex change in 1980 and married as a woman in 1999, is idolised but
less well-known transsexuals face the same difficulties as transvestites. Their position in Turkish
society is also generally comparable to that of transvestites."

Document(s): Open document

05.2001 - Source: Netherlands Ministry of Foreign Affairs

Netherlands Ministry of Foreign Affairs: ("Official General Report on Turkey") [#5270],  [ID 13918]

Document(s): neth-tur0501.pdf