30 March 2005

Turkish Transgenders Want an End to Violence Towards Them

Lambda Istanbul and Kaos GL are hoping that a trial due April 6, 2005 will help Turkey end torture and violence against transgender people.

On November 17, 2004 a transvestite by the name of Hulya was working as a sex worker on Baghdad Street in Istanbul. After she had sex with one of her customers, he asked her to do something that she was not willing to do. When she refused to do the act, he threatened her with a gun and said he was a policeman and he would take her to a police station if she did not comply. When she asked to see his ID he showed her his ID but she was not able to read the information. He then drove her to a place where there were other policemen and left her with them. When she tried to explain that she was threatened by this guy with a gun, instead of doing something to the guy they began to beat her and took her to a police station. Once at the station they continued to beat her and broke her arms and injured one of her feet. Then they wrote a report stating that she refused their demands and based on that the District Attorney of Kadikoy arrested her and sent her to Umraniye prison.

The representatives from Lambda Istanbul Homosexual Civil Initiative and the Human Rights Association of Istanbul conducted a press conference in front of Sultanahmet Court Building on November 25, 2004 demanding the end of oppression towards transgenders. In the same day they filed a lawsuit against the police officers that committed this crime. (This petition was signed by 9 different non-governmental organizations.)

Unfortunately, only two press organizations (Flash TV and Gundem newspaper) covered the petition and the crime that was committed against Hulya. On many occasions the prime minister said that there would be no tolerance to torture, but when it comes to reality about transgenders, the government officials and the media are silent.

On December 31, 2004, the day of Hulya’s trial, members of Lambda Istanbul conducted a protest in front of Kadikoy Court Building just before the trial. After the protest, the representatives from Lambda Istanbul demanded to be present during the trial but were rejected by the police officials. The police officials said the reason they could not attend the trial was that they were gay and would do something unpleasant to disrupt the trial. According to the Constitution and Code of Criminal Procedures Law (CMUK), every person has a right to be present at a court and the rejection of Lambda Istanbul representatives were clearly against the law. Therefore Lambda Istanbul filed a complaint to the Mayor of Istanbul and Kadikoy District Attorney.

Hulya was not present on the first day of her trial. According to representatives from Lambda Istanbul, the reason Hulya was not present may be that they did not want to show her to the public since the evidence of her beating would be seen.

The second day of her trial took place on January 25, 2005 at 11:15 AM at Kadikoy Court House. Hulya was present this time while her attorney was defending her. Representatives from Lambda Istanbul were allowed to be present at the trial. The judge freed Hulya but the case would continue and the next trial date will take place on March 22, 2005.

The District Attorney of Kadikoy decided to consider the petition that Lambda Istanbul filed against the police officers that tortured Hulya. The first trial for these police officers will take place on April 6, 2005 at 10:00AM at Kadikoy Court House.

Lambda Istanbul and Kaos GL are hoping that this trial will help Turkey end torture and violence against transgender people. They also are hoping that Turkish and foreign media will pay more attention to the problems of Turkish transgenders. There is still wide discrimination towards lesbians and gays in Turkey, but transgender people not only face discrimination, but they also have to cope with violence.

Lambda Istanbul and Kaos GL calls on the government of Turkey to revise its laws and eliminate vague terms such as “exhibitionism,” and “offenses against public morality,” which can be used to harass or persecute people (especially transgenders) based on their sexual orientation or gender identity. They strongly believe that developing programs for transgender people will open employment possibilities outside the sex work trade and will help to ease the discrimination they are facing. Another issue for the Turkish government is, although the Turkish Civil Code allows sex reassignment surgery, the restrictive requirements before the surgery should be eased.

It is also important for the doctors and the Turkish medical community to enact standards for therapeutic interventions with transgender people, including sex reassignment surgery, in consultation with transgender people.

Lambda Istanbul and Kaos GL are also hoping that the European Union will press Turkey for legislative and policy-related changes on issues of sexual orientation and gender identity, taking as a model the changes recommended above.