Kaos GL Press Statement About Turkish Penal Code
Below is a press statement issued by Kaos GL after the Turkish government delayed the implementation of the new Turkish Penal Code until June 1, 2005.
On April 1, 2005 the government decided to delay the implementation of the new Turkish Penal Code, which does not recognize the existence of Turkish people who are lesbian, gay, bisexual or transgender (LGBT). We are wondering what will change when the law goes into effect on June 1, 2005.
None of the demands we brought up during our face-to-face meetings with the Justice Commission members were considered. We, the Turkish lesbians, gays, bisexuals and transgenders, want to live in our country without being outlawed, stigmatized and discriminated against.
OUR DEMANDS:
We urge the government to take the necessary action to amend the Turkish Penal Code to:
· Ban and criminalize discrimination based on sexual orientation
· Remove the article penalizing consensual sexual relations between young people of 15 – 18 years of age. (which conflicts with the Children's Rights Protocol and the Global Declaration on Human Rights, both ratified by Turkey)
· Amend the “obscenity” article by clearly defining acts of “obscenity”
EXISTING SITUATION IN TURKEY:
We, the Turkish lesbians, gays, bisexuals and transgenders, are trying to explain the larger community that homosexuality is not only about sex and sex is not only about pornography.
Although in Turkey homosexuality was never legally a “crime” nor a “disease”, the institutions of the Turkish government have always used pressure against the Turkish LGBT community.
The Turkish media cover the issues and demands of the LGBT community as if they were reporting sensational tabloid news. At the same time the ambiguity of the newly accepted laws punish LGBT people by not recognizing them.
KAOS GL’S STORY ABOUT TURKISH PENAL CODE
On May 24, 2004, representatives of Kaos GL and Lambda Istanbul met with MEP Orhan Erarslan, a member of the Justice Commission. During the meeting, the speaker of the LGBT groups demanded the inclusion of the lesbians, gays, bisexuals and transgenders among the groups that are protected by the Turkish Penal Code. The speaker also emphasized the sentences for crimes perpetrated against gays should not be reduced by the court. In addition, he urged that laws be further revised in order to prevent discrimination against gays and lesbians.
On January 29, 2004, the Justice Commission decided to add “sexual orientation” to the “discrimination clause”. This inclusion provides jail terms of six months to one year for people who discriminate against others on the basis of their sexual orientation.
On July 6, 2004 Turkish Parliamentary Justice Commission overruled prison terms for ‘sexual orientation’ discrimination, following Justice Minister Cemil Cicek’s argument that discrimination based on gender or sexual orientation are the same things.
On September 15, 2004 representatives from Kaos GL, Lambda Istanbul and women rights organizations joined the first Parliamentary Session in reviewing new Turkish Penal Code. We demanded from the Justice Commission to put “discrimination based on sexual orientation” back into the Penal Code draft. This did not happen.
Since that time, in order to explain our demands and worries about the new Turkish Penal Law, we issued numerous press statements and forwarded them to the members of the Justice Commission, Turkish MEPs and the Turkish public.
WHAT WILL HAPPEN IF THE DEMANDS OF TURKISH LGBT PEOPLE DON’T REALIZE?
· Kaos GL has been publishing a political LGBT magazine since 1994. In 1999 during a trial about the magazine, the prosecutor decided the magazine was harmful to minors. This decision put Kaos GL Magazine into the same category as a pornographic publication. Therefore, Kaos GL Magazine was sold in a covered envelope for several months until the judge ruled in favor of the magazine. Will the Turkish Justice Commission and the Parliament put the demands and thoughts of Turkish LGBT people in an envelope again? Or, if that will not be enough, will we be put in prison?
· The current situation stigmatizes and demeans the existence of homosexuals and finds our sexuality “immortal and unnatural”. Will the revision of the laws produce more stigmatization and discrimination because we are not legally considered?
· In the work place, we are often not hired or we may be faced with obstacles to being promoted or we may be laid off because of our sexual orientation. Which law or regulation will protect LGBT employees from such discrimination based on our sexual orientation?
· LGBT government officials are forced to deny their sexual orientation otherwise they risk termination of their contract with the government.
· We face violence and oppression. We are forced to get married or murdered because we are lesbians.
Turkish government officials claim that the penal code legislation was drafted to increase rights and freedoms and bring the Turkish justice system in line with European Union standards. What freedoms will the new Turkish Penal Code bring us if it mutes our voices, stigmatizes our sexuality as something unnatural, refuses to recognize our relationships and permits employers to fire us because of our sexual orientation?
Revision and harmonization of all Turkish laws or regulations pretend that lesbians, gays, bisexuals and transgenders don’t exist. This is both not based on reality, but also not based on equality and justice.
On April 1, 2005 the government decided to delay the implementation of the new Turkish Penal Code, which does not recognize the existence of Turkish people who are lesbian, gay, bisexual or transgender (LGBT). We are wondering what will change when the law goes into effect on June 1, 2005.
None of the demands we brought up during our face-to-face meetings with the Justice Commission members were considered. We, the Turkish lesbians, gays, bisexuals and transgenders, want to live in our country without being outlawed, stigmatized and discriminated against.
OUR DEMANDS:
We urge the government to take the necessary action to amend the Turkish Penal Code to:
· Ban and criminalize discrimination based on sexual orientation
· Remove the article penalizing consensual sexual relations between young people of 15 – 18 years of age. (which conflicts with the Children's Rights Protocol and the Global Declaration on Human Rights, both ratified by Turkey)
· Amend the “obscenity” article by clearly defining acts of “obscenity”
EXISTING SITUATION IN TURKEY:
We, the Turkish lesbians, gays, bisexuals and transgenders, are trying to explain the larger community that homosexuality is not only about sex and sex is not only about pornography.
Although in Turkey homosexuality was never legally a “crime” nor a “disease”, the institutions of the Turkish government have always used pressure against the Turkish LGBT community.
The Turkish media cover the issues and demands of the LGBT community as if they were reporting sensational tabloid news. At the same time the ambiguity of the newly accepted laws punish LGBT people by not recognizing them.
KAOS GL’S STORY ABOUT TURKISH PENAL CODE
On May 24, 2004, representatives of Kaos GL and Lambda Istanbul met with MEP Orhan Erarslan, a member of the Justice Commission. During the meeting, the speaker of the LGBT groups demanded the inclusion of the lesbians, gays, bisexuals and transgenders among the groups that are protected by the Turkish Penal Code. The speaker also emphasized the sentences for crimes perpetrated against gays should not be reduced by the court. In addition, he urged that laws be further revised in order to prevent discrimination against gays and lesbians.
On January 29, 2004, the Justice Commission decided to add “sexual orientation” to the “discrimination clause”. This inclusion provides jail terms of six months to one year for people who discriminate against others on the basis of their sexual orientation.
On July 6, 2004 Turkish Parliamentary Justice Commission overruled prison terms for ‘sexual orientation’ discrimination, following Justice Minister Cemil Cicek’s argument that discrimination based on gender or sexual orientation are the same things.
On September 15, 2004 representatives from Kaos GL, Lambda Istanbul and women rights organizations joined the first Parliamentary Session in reviewing new Turkish Penal Code. We demanded from the Justice Commission to put “discrimination based on sexual orientation” back into the Penal Code draft. This did not happen.
Since that time, in order to explain our demands and worries about the new Turkish Penal Law, we issued numerous press statements and forwarded them to the members of the Justice Commission, Turkish MEPs and the Turkish public.
WHAT WILL HAPPEN IF THE DEMANDS OF TURKISH LGBT PEOPLE DON’T REALIZE?
· Kaos GL has been publishing a political LGBT magazine since 1994. In 1999 during a trial about the magazine, the prosecutor decided the magazine was harmful to minors. This decision put Kaos GL Magazine into the same category as a pornographic publication. Therefore, Kaos GL Magazine was sold in a covered envelope for several months until the judge ruled in favor of the magazine. Will the Turkish Justice Commission and the Parliament put the demands and thoughts of Turkish LGBT people in an envelope again? Or, if that will not be enough, will we be put in prison?
· The current situation stigmatizes and demeans the existence of homosexuals and finds our sexuality “immortal and unnatural”. Will the revision of the laws produce more stigmatization and discrimination because we are not legally considered?
· In the work place, we are often not hired or we may be faced with obstacles to being promoted or we may be laid off because of our sexual orientation. Which law or regulation will protect LGBT employees from such discrimination based on our sexual orientation?
· LGBT government officials are forced to deny their sexual orientation otherwise they risk termination of their contract with the government.
· We face violence and oppression. We are forced to get married or murdered because we are lesbians.
Turkish government officials claim that the penal code legislation was drafted to increase rights and freedoms and bring the Turkish justice system in line with European Union standards. What freedoms will the new Turkish Penal Code bring us if it mutes our voices, stigmatizes our sexuality as something unnatural, refuses to recognize our relationships and permits employers to fire us because of our sexual orientation?
Revision and harmonization of all Turkish laws or regulations pretend that lesbians, gays, bisexuals and transgenders don’t exist. This is both not based on reality, but also not based on equality and justice.
