According to Kaos GL, an Ankara-based gay rights organization, Turkey is the only member of the North Atlantic Treaty Organization (NATO) whose army considers homosexuality a psychological disorder (2005). Kaos GL reports that soldiers have been known to be discharged from army service once their homosexuality has been revealed (Oct. 2006) although this could not be corroborated by the Research Directorate. Further information on the treatment of homosexuals during their military service in the Turkish Army could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In 26 March 2007 correspondence sent to the Research Directorate, a representative from the Human Rights Association (IHD) of Turkey stated that in order to establish the sexual orientation of a recruit, the Turkish Army follows the guidelines established in the second revision of the Diagnostic and Statistical Manual of Mental Disorders (DSM-II) published by the American Psychiatric Organization in 1968 (IHD 26 Mar. 2007; Kaos GL Oct. 2006), which reportedly regards homosexuality as a "psychosexual disorder" (ibid.; IHD 26 Mar. 2007; AI 9 Dec. 2005) and deems homosexuals "unfit to serve" (ibid.; Kaos GL Oct. 2006). As such, while homosexuals who do not disclose their sexual orientation can complete their military service, homosexual men who refuse to complete their military service can be deemed exempt upon examination in a psychiatric unit of a military hospital (IHD 26 Mar. 2007).

In a highly publicized case involving a conscientious objector named Mehmet Tarhan, who is also openly homosexual, the Turkish Army requested that Tarhan apply for a discharge on the grounds of his sexual orientation, rather than his conscientious objection (Turkish Daily News 13 Aug. 2005). Tarhan refused, claiming that this was discriminatory and in April 2005 was incarcerated (ibid.) in a military prison, where he was reportedly subject to threats, intimidation (HRW 13 Sept. 2006), and physical assault, including being forcibly shaved (ibid.; AI 9 Dec. 2005). In August 2005, he was charged with insubordination and sentenced to four years in prison (Turkish Daily News 13 Aug. 2005; HRW 13 Sept. 2006). Tarhan was released on 9 March 2006, pending further hearings, but the military appeals court ruled that Tarhan be medically examined to assess his eligibility for military service (ibid.; BIA 4 May 2006). In December 2005, Amnesty International (AI) stated that

if Mehmet Tarhan were to "prove" his homosexuality either by providing the Turkish authorities with photographic evidence of himself engaged in sexual activity or by undergoing an anal examination, he would be confirmed as "unfit for military service" and his case dropped. (9 Dec. 2005)

According to Human Rights Watch (HRW),

[i]t has been the practice of the military to subject candidates for military service who are seeking exemption on the basis of being gay to physical as well as psychological examination, to establish their sexual orientation and practice, despite the fact that such degrading physical examinations have been conclusively discredited. (13 Sept. 2006)

The Turkish Public Prosecutor's office, cited by War Resisters' International (WRI), had previously disputed Tarhan's original sentence, noting that "'[h]omosexuality can not be determined via physical examination and that forced physical examination violated a person's bodily integrity'" (15 Dec. 2005).

The requirement for homosexuals to undergo a psychiatric assessment in order to become exempt from military service on account of their sexual orientation is corroborated by the Human Rights Association (IHD) of Turkey (26 Mar. 2007). According to the IHD representative, the attitude of a psychiatrist is an important factor in the psychiatric evaluation of a person who claims to be homosexual because there is no standard procedure (IHD 26 Mar. 2007). For instance, a psychiatrist might ask that the recruit provide a photograph showing homosexual intercourse, have the recruit undergo an anal examination (ibid.; Kaos GL Oct. 2006; Lambda Istanbul 5 Sept. 2006), or have the recruit answer detailed questions about his personal history (IHD 26 Mar. 2007). There is apparently no standard methodology to evaluate a recruit's sexual orientation (ibid.; Kaos GL Oct. 2006), nor is there any guarantee that a recruit undergoing a medical examination will be given an exemption (ibid.). According to the IHD, "[t]here is not a standard implementation; however, it is observed that homosexual people are subjected to direct discrimination" (IHD 26 Mar. 2007).

In March 2006, the gay rights group Lambda Istanbul published the results of a survey that it conducted in 2005 through face-to-face interviews with 393 gay men, lesbians and bisexuals in Istanbul (15 Mar. 2006). Of the 27 male respondents who stated that they had applied for an exemption from military service, 29 percent stated that they were obliged to submit a photograph showing them engaged in homosexual intercourse, while 62 percent noted that they were forced to undergo an anal examination (Lambda Istanbul 15 Mar. 2006).

With regard to the consequences of refusing to undergo the process of sexual orientation determination, the spokesperson for the IHD states that an openly homosexual recruit who is otherwise eligible for military service will be recruited into the Turkish Army if he declines to have his sexual orientation determined by a psychiatrist (26 Mar. 2007).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 9 December 2005. "Turkey: Conscientious Objector Mehmet Tarhan is a Prisoner of Conscience and Must Be Released Now!" http://news.amnesty.org/library/print/ENGEUR440362005 [Accessed 8 Mar. 2007]

BIA News Center [Istanbul]. 4 May 2006. Tolga Korkut. "Military Court Defies Medical Science." http://www.bianet.org/php/yazdir.php?DosyaX=../2006/05/01_eng/news78618.htm [Accessed 8 Mar. 2007]

Human Rights Association of Turkey (IHD) [Ankara]. 26 March 2007. Correspondence sent by a representative.

Human Rights Watch (HRW). 13 September 2006. Holly Cartner. "Turkey Lags Behind Fellow Council of Europe Members on Recognition of Right to Conscientious Objection." http://hrw.org/english/docs/2006/09/13/turkey14533.htm [Accessed 27 Mar. 2007]

Kaos GL [Ankara]. October 2006. "Situation of Gays in Turkish Army." http://news.kaosgl.com/item/2006/10/23/situation-of-gays-in-turkish-army [Accessed 9 Mar. 2007]

_____. 2005. "Turkey's LGBT History." http://news.kaosgl.com/item/134 [Accessed 9 Mar. 2007]

Lambda Istanbul. 5 September 2006. "What do Queers Want?" http://www.lambdaistanbul.org/php/main.php?menuID=26&altMenuID=56 [Accessed 9 Mar. 2007]

_____. 15 March 2006. "Survey Results: Problems of Lesbians, Gays and Bisexuals in Istanbul." http://www.lambdaistanbul.org/php/main.php?menuID=26&altMenuID=47&icerikID=362 [Accessed 9 Mar. 2007]

Turkish Daily News [Ankara]. 13 August 2005. "Lawyers Call Record Imprisonment for Conscientious Objector 'Intimidation'." http://www.turkishdailynews.com.tr/article.php?enewsid=20643 [Accessed 27 Mar. 2007]

War Resisters' International (WRI). 15 December 2005. "Turkey: Sivas Military Court Overruled Military Court of Appeal Decision on Mehmet Tarhan." http://www.wri-irg.org/news/alerts/msg00055.html [Accessed 27 Mar. 2007]

Additional Sources Consulted

Oral sources: The Human Rights Foundation of Turkey, Kaos GL [Ankara], and Lambda Istanbul did not respond to requests for information within the time constraints of this Response.

Internet sites, including: British Broadcasting Corporation (BBC), Center for the Study of Sexual Minorities in the Military, Council of Europe (COE), European Country of Origin Information Network (ecoi.net), European Journal of Turkish Studies, Freedom House, Global Gayz, Human Rights Association of Turkey (IHD), Human Rights Foundation of Turkey, International Helsinki Federation for Human Rights (IHF), International Lesbian and Gay Association (ILGA), Journal of Modern Turkish Studies [Ankara], Organization for Security and Co-operation in Europe (OSCE), Quaker Council for European Affairs (QCEA), Turkish Armed Forces, Turkish Ministry of National Defense, United States Department of State.