05 March 2007

A GAY MURDER AND INJUSTICE IN TURKEY

March 4, 2007

Kaos Gay and Lesbian Cultural Research and Solidarity Association requests that your organization officially sign this petition (official signatures on behalf of your NGO please; not personal signatures). We intend to submit the petition to the Grand National Assembly of Turkey on March 12, 2007.

THE MURDER OF BAKI KOSAR

Baki Kosar was born in Batman on May 28, 1969. After completing his literature degree at Ataturk University, he became a reporter at a famous Turkish new magazine, Nokta. He continued working at various media organs, including Aktuel magazine, Akis magazine, Flash TV, CNN Turk TV, and Haberturk TV ve Birgün newspaper. He was most recently one of the principals at Orange Media. He also wrote two novels and a collection of short stories.

He was found dead in his apartment in Istanbul on February 26, 2006, after having been stabbed 32 times. During the trial, the killer, Serhat Baglan, claimed that he and Baki started arguing over a proposed sexual encounter. The killer claimed that he had to defend himself with a knife he found in the kitchen. Despite the 32 stabbings, the verdict was manslaughter, not murder.

On June 3, 2006, members of Lambda Istanbul, the leading LGBT organization in Istanbul, along with members of the Turkish Human Rights Association, marched down Istiklal Street in Istanbul to protest this hate crime. They issued a press statement after the march that said, “We are here to make the world safe for every human being.”

The judge sentenced the murderer, Serhat Baglan, life in prison based on the Turkish Panel Law no. 81. Then based on Panel Law no. 29 his sentence was changed into 18 years of prison because the action was considered as manslaughter. Also due to the fact that he has a clean record his sentence was decreased to 15 years in prison. He was also sentenced 1 year 5 month 15 days in prison for theft.

At the end the murderer, Serhat Baglan, was sentenced to 16 years 5 months 15 days in prison for murder and theft.

PETITION TO THE PUBLIC AND MEDIA by KAOS GL

Homophobia and Discrimination Based on Sexual Orientation are Crimes; Sexual Orientation is Not a Crime!

When it comes to murders of gay men, the balance between the crime and the punishment is not fair to gays. Reporter/writer Baki Kosar was stabbed 32 times, which is a clear indication of a hate crime. According to the trial record, the killer had accepted Baki Kosar’s invitation to his home to engage in sex. In considering the verdict, the court focused on the sexual orientation of the victim and decided to punish the victim. The verdict was manslaughter, not murder, which substantially decreased the killer’s jail sentence. This is a clear indication that the justice system is affected by homophobia.Why else would the judge not have questioned why the killer stabbed Baki Kosar 32 times?

The verdict shows just how the law can be interpreted against LGBT people, and it will inhibit LGBT people from seeking justice in the future.

Although Turkish law does not actively discriminate against LGBT people, some laws have been interpreted under the rubric of “ethics” and turned against LGBT people by declaring gay people to be people who conduct unethical actions. Unless there are new laws that ban homophobia and discrimination based on sexual orientation and gender identity, LGBT people will never have justice and will even be denied to the most basic
human right, the right to live.

Unfortunately the law in Turkey is applied differently to LGBT people. Until the laws are applied to every Turkish citizen equally, LGBT people will never find justice.

The Turkish Penal Law must be revised to define gay murders as hate crimes.

No Turkish citizen will ever be safe until the people who murder others because of honor crime or parochial ethical views receive appropriate punishment.

We don’t want to be murdered because of our race, belief, language, ideas, genders, gender identity or sexual orientation.

Will the lawmakers continue to turn a blind eye and be responsible to the fact that murderers are getting away with their crimes?

Gay murders are political. We know who commits them!

Kaos Gay and Lesbian Cultural Research and Solidarity Association
Address: Gazi Mustafa Kemal Bulvari 29/12, Demirtepe/Kizilay-Ankara, Turkey
Phone: +90 312. 230 0358 Fax : +90 312. 230 6282
E-mail: kaosgl@kaosgl.org www.kaosgl.org