Turkish Gay Activist Faces Prison
December 9, 2006
KAOS GL NEWS
A criminal court case has been filed in Ankara, Turkey against the chief editor and owner of Kaos GL Magazine which is the only LGBT Turkish magazine that has been published since 1994.
Umut Guner, who is the owner of the magazine on behalf of Kaos GL and vice president of Kaos GL Association, is being accused of publishing pornographic issues based on Turkish Penal Code, Article 226. If he is convicted, he may face up to three years of jail sentence.
Turkish Penal Code, Article 226, Part 2 says: “A person who broadcasts or publishes obscene images, printed or audio material or who acts as an intermediary for this purpose shall be sentenced to imprisonment for a term of six months to three years.”
(It is crucial to remind that one of Kaos GL’s requests during the Penal Code review in 2005 was amending the “obscenity” article in the Turkish Penal Code by clearly defining what constitutes “obscenity”.)
On July 24, 2006, issue 28 of Kaos GL magazine was confiscated on the same day it was printed by the Twelfth Ankara Justice Court, because the court deemed its content to be ‘pornographic’. The issue in question examined pornography, and contributors to the issue are considered experts in their fields.
Kaos GL appealed the decision to the Supreme Court; however he Supreme Court approved the lower court’s decision. The court rejected the appeal to release the publication and declared that the decision is lawful and complies with the procedural proceedings. Ankara First Instance Criminal Court held with the decision to ban the Kaos Gay and Lesbian Cultural Studies and Solidarity Foundation's publication Kaos GL issue 28.
Since further domestic appeals are not available, Kaos GL is in the process to carry the case to the European Court of Human Rights (ECHR).
Now Umut Guner, owner of the magazine and vice president of Kaos GL Association, is facing up to three years of jail sentence.
KAOS GL NEWS
A criminal court case has been filed in Ankara, Turkey against the chief editor and owner of Kaos GL Magazine which is the only LGBT Turkish magazine that has been published since 1994.
Umut Guner, who is the owner of the magazine on behalf of Kaos GL and vice president of Kaos GL Association, is being accused of publishing pornographic issues based on Turkish Penal Code, Article 226. If he is convicted, he may face up to three years of jail sentence.
Turkish Penal Code, Article 226, Part 2 says: “A person who broadcasts or publishes obscene images, printed or audio material or who acts as an intermediary for this purpose shall be sentenced to imprisonment for a term of six months to three years.”
(It is crucial to remind that one of Kaos GL’s requests during the Penal Code review in 2005 was amending the “obscenity” article in the Turkish Penal Code by clearly defining what constitutes “obscenity”.)
On July 24, 2006, issue 28 of Kaos GL magazine was confiscated on the same day it was printed by the Twelfth Ankara Justice Court, because the court deemed its content to be ‘pornographic’. The issue in question examined pornography, and contributors to the issue are considered experts in their fields.
Kaos GL appealed the decision to the Supreme Court; however he Supreme Court approved the lower court’s decision. The court rejected the appeal to release the publication and declared that the decision is lawful and complies with the procedural proceedings. Ankara First Instance Criminal Court held with the decision to ban the Kaos Gay and Lesbian Cultural Studies and Solidarity Foundation's publication Kaos GL issue 28.
Since further domestic appeals are not available, Kaos GL is in the process to carry the case to the European Court of Human Rights (ECHR).
Now Umut Guner, owner of the magazine and vice president of Kaos GL Association, is facing up to three years of jail sentence.
