Letter to the members of the European Parliament for Mehmet Tarhan, a Turkish Gay Activist
Below is the letter Kaos GL, Lambda Istanbul and Rainbow Antalya issued to the members of the European Parliament to draw attention on the case of Mehmet Tarhan who is a conscientious objector and gay activist.
THE LETTER:
Dear Members of the European Parliament,
We are writing to you to draw your attention on the case of Mehmet Tarhan, a Turkish citizen.
Tarhan was taken into custody on 8 April 2005 on the grounds that he was a “military service deserter,” and transferred to Tokat 48th Infantry Regiment. He had declared his conscientious objection on October 27, 2001 at the Ankara branch of IHD (Human Rights Association) and he also declared that he is gay.
Turkish military still uses DSM II (Diagnostic and Statistical Manual of Mental Disorders) dating from 1968 whereas the medical community currently uses DSM IV-2000. According to DSM II homosexuality is a psychosexual disorder and those who have this “pathology” are considered “unfit to serve” in the Turkish Armed Forces. Exemption from military service on the grounds of homosexuality is an extremely difficult and humiliating process in Turkey: one is required to submit photographs or videos graphically displaying sexual intercourse with another man and/or submit to an anal examination that supposedly yields proof of passive anal sex. These are not guaranteed ways of being exempt from service; they are practiced arbitrarily at the whim of whatever military authority and are used more as a degrading strategy of systematic humiliation than anything else.
A decision by the Military Court of Appeals on the 2 November 2005 stated that Tarhan’s homosexuality (and therefore his “unfitness for military service”) had not been established via “proper physical examination procedures.” In consequences Mehmet Tarhan will be likely subjected to physical examination to determine his sexual orientation. Details of the case are attached to this letter.
We are asking that the European Parliament raise the issue of forced physical examinations with the Turkish government and Parliament since reference to the DSMII constitutes a discrimination on grounds of sexual orientation.
It is also important to encourage the Turkish government to put an end to discrimination on grounds of sexual orientation encountered by people working in the army. It has been reported that when found out to bei gay, soldiers get fired from their position. This contravenes earlier decisions by the European Court of Human Rights.
Furthermore, urgent action is needed so that Mehmet Tarhan is not subjected to a treatment contrary to the protection of private life and freedom form degrading treatments protected under the European Convention of Human Rights and the European Charter of Fundamental Rights.
Thank you for your support in this case.
Yours Sincerely,
Kaos GL
Lambda Istanbul
Rainbow Antalya
Kaos GL, Lambda Istanbul and Rainbow Antalya are LGBT (Lesbian, gay, bisexual, and transgender) organizations located in the cities of Ankara, Istanbul and Antalya respectively.
SUMMARY OF EVENTS:
Military Court of Appeals Overrules Objector’s Case over lack of physical examination “proving homosexuality”
On April 10, 2005, Sivas Military court filed a lawsuit against Mehmet Tarhan on the charge of “insistent insubordination before the unit with the intent of evading military service altogether” (Article 88 of the Military Criminal Code) after he refused “to wear military uniform.”
Mehmet Tarhan was kept in Sivas Military Prison from April 20–26, 2005 for examination about his homosexuality and his psychiatric condition. But Tarhan refused examination, defining the “unfit for service” report (widely known as “rotten” report) as the “rottenness of the militaristic order itself.”.
On August 10, 2005 the cases were concluded and the military court sentenced Mehmet Tarhan to a total of 4 years on two different trials with charges of “insubordination” and the verdict was overruled November 2, 2005 by the Military Court of Appeals on the grounds of procedure.
The court’s first notification about its decision stated that the 4 year sentence was disproportionately high and was against the rule of fairness. The final written court decision, however, overruled on different procedural grounds: namely that Tarhan’s homosexuality (and therefore his “unfitness for military service”) had not been established via “proper physical examination procedures”
According to the verdict of the appeals court, if it was proven that Mehmet is gay through somatic examination then the elements of the “crime” would have disappeared and would nullify the lawsuit altogether. The military appeals court verdict also suggests that it is necessary to perform a compulsory physical examination of this kind and goes on to provide some sort of legal justification the local court can use.
Turkish military still uses DSM II (Diagnostic and Statistical Manual of Mental Disorders) dating from 1968 whereas the medical community currently uses DSM IV-2000. According to DSM II homosexuality is a psychosexual disorder and those who have this “pathology” are considered “unfit to serve” in the Turkish Armed Forces. Exemption from military service on the grounds of homosexuality is an extremely difficult and humiliating process in Turkey: one is required to submit photographs or videos graphically displaying sexual intercourse with another man and/or submit to an anal examination that supposedly yields proof of passive anal sex. These are not guaranteed ways of being exempt from service; they are practiced arbitrarily at the whim of whatever military authority and are used more as a degrading strategy of systematic humiliation than anything else.
In his first days in Sivas Military prison, after he was taken into custody on April 8, 2005, military prison official had tried to conduct a forced physical examination and Mehmet Tarhan had refused it. Now Mehmet possibly faces another threat of forced examination. Although we do not know for sure how the appeals court decision will be interpreted by the local military court in practice, we are extremely worried about Mehmet’s bodily integrity. Forced physical examination against one’s will is a violation of bodily boundaries that is comparable to rape.
Mehmet Tarhan does not want to go through physical examination which is demanded to prove that he is “unfit” for military service.
THE LETTER:
Dear Members of the European Parliament,
We are writing to you to draw your attention on the case of Mehmet Tarhan, a Turkish citizen.
Tarhan was taken into custody on 8 April 2005 on the grounds that he was a “military service deserter,” and transferred to Tokat 48th Infantry Regiment. He had declared his conscientious objection on October 27, 2001 at the Ankara branch of IHD (Human Rights Association) and he also declared that he is gay.
Turkish military still uses DSM II (Diagnostic and Statistical Manual of Mental Disorders) dating from 1968 whereas the medical community currently uses DSM IV-2000. According to DSM II homosexuality is a psychosexual disorder and those who have this “pathology” are considered “unfit to serve” in the Turkish Armed Forces. Exemption from military service on the grounds of homosexuality is an extremely difficult and humiliating process in Turkey: one is required to submit photographs or videos graphically displaying sexual intercourse with another man and/or submit to an anal examination that supposedly yields proof of passive anal sex. These are not guaranteed ways of being exempt from service; they are practiced arbitrarily at the whim of whatever military authority and are used more as a degrading strategy of systematic humiliation than anything else.
A decision by the Military Court of Appeals on the 2 November 2005 stated that Tarhan’s homosexuality (and therefore his “unfitness for military service”) had not been established via “proper physical examination procedures.” In consequences Mehmet Tarhan will be likely subjected to physical examination to determine his sexual orientation. Details of the case are attached to this letter.
We are asking that the European Parliament raise the issue of forced physical examinations with the Turkish government and Parliament since reference to the DSMII constitutes a discrimination on grounds of sexual orientation.
It is also important to encourage the Turkish government to put an end to discrimination on grounds of sexual orientation encountered by people working in the army. It has been reported that when found out to bei gay, soldiers get fired from their position. This contravenes earlier decisions by the European Court of Human Rights.
Furthermore, urgent action is needed so that Mehmet Tarhan is not subjected to a treatment contrary to the protection of private life and freedom form degrading treatments protected under the European Convention of Human Rights and the European Charter of Fundamental Rights.
Thank you for your support in this case.
Yours Sincerely,
Kaos GL
Lambda Istanbul
Rainbow Antalya
Kaos GL, Lambda Istanbul and Rainbow Antalya are LGBT (Lesbian, gay, bisexual, and transgender) organizations located in the cities of Ankara, Istanbul and Antalya respectively.
SUMMARY OF EVENTS:
Military Court of Appeals Overrules Objector’s Case over lack of physical examination “proving homosexuality”
On April 10, 2005, Sivas Military court filed a lawsuit against Mehmet Tarhan on the charge of “insistent insubordination before the unit with the intent of evading military service altogether” (Article 88 of the Military Criminal Code) after he refused “to wear military uniform.”
Mehmet Tarhan was kept in Sivas Military Prison from April 20–26, 2005 for examination about his homosexuality and his psychiatric condition. But Tarhan refused examination, defining the “unfit for service” report (widely known as “rotten” report) as the “rottenness of the militaristic order itself.”.
On August 10, 2005 the cases were concluded and the military court sentenced Mehmet Tarhan to a total of 4 years on two different trials with charges of “insubordination” and the verdict was overruled November 2, 2005 by the Military Court of Appeals on the grounds of procedure.
The court’s first notification about its decision stated that the 4 year sentence was disproportionately high and was against the rule of fairness. The final written court decision, however, overruled on different procedural grounds: namely that Tarhan’s homosexuality (and therefore his “unfitness for military service”) had not been established via “proper physical examination procedures”
According to the verdict of the appeals court, if it was proven that Mehmet is gay through somatic examination then the elements of the “crime” would have disappeared and would nullify the lawsuit altogether. The military appeals court verdict also suggests that it is necessary to perform a compulsory physical examination of this kind and goes on to provide some sort of legal justification the local court can use.
Turkish military still uses DSM II (Diagnostic and Statistical Manual of Mental Disorders) dating from 1968 whereas the medical community currently uses DSM IV-2000. According to DSM II homosexuality is a psychosexual disorder and those who have this “pathology” are considered “unfit to serve” in the Turkish Armed Forces. Exemption from military service on the grounds of homosexuality is an extremely difficult and humiliating process in Turkey: one is required to submit photographs or videos graphically displaying sexual intercourse with another man and/or submit to an anal examination that supposedly yields proof of passive anal sex. These are not guaranteed ways of being exempt from service; they are practiced arbitrarily at the whim of whatever military authority and are used more as a degrading strategy of systematic humiliation than anything else.
In his first days in Sivas Military prison, after he was taken into custody on April 8, 2005, military prison official had tried to conduct a forced physical examination and Mehmet Tarhan had refused it. Now Mehmet possibly faces another threat of forced examination. Although we do not know for sure how the appeals court decision will be interpreted by the local military court in practice, we are extremely worried about Mehmet’s bodily integrity. Forced physical examination against one’s will is a violation of bodily boundaries that is comparable to rape.
Mehmet Tarhan does not want to go through physical examination which is demanded to prove that he is “unfit” for military service.
