21/10/2024 | Writer: Kaos GL
Rights defenders made a statement before the hearing and said, “We reiterate once again; Tarlabaşı Community Center cannot be closed down”.
After being targeted for defending LGBTI+ rights, the latest hearing of the dissolution lawsuit filed against the Tarlabaşı Community Support Association (also known as Tarlabaşı Community Center - TTM) was held at Istanbul 18th Civil Court of First Instance. The lawsuit filed against the association on the grounds of “violation of law and morality” did not result in a decision.
During the hearing, the Ministry of Family and Social Services once again requested the case to be accepted. The case was adjourned to March 17, 2025 at 10 am to complete the missing documents.
Making a press statement in front of the courthouse before the hearing, the rights defenders said, “These baseless accusations and unlawful sanctions cannot stop us, who are trying to stay together with hope and resistance in the midst of increasing poverty, hate speech, violations and massacres of women, children and animal rights in Turkey.”
CLICK- Why do they want to close down the Tarlabaşı Community Center?
TTM sealed before the case is finalized
On the other hand, the TTM was sealed even before the case was concluded. The association said the following about the sealing on October 8:
“Shortly after the employees of the association, which has been operating remotely for a long time, entered the building on October 8, a commission appointed by the Beyoğlu District Governorate came to the building. When the commission refused to answer when asked about the reason for their visit and tried to force their way in, law enforcement officers were summoned by the commission when asked for a justified decision document. The police and police officers sealed the building of the association with the decision of the district governorate and stated that this was done on the grounds of unlicensed activity.”
What had happened?
Association for Supporting Tarlabaşı Community (known as Tarlabaşı Community Center – TTM), which is a model for community centers in Beyoğlu – Tarlabaşı where poverty, discrimination and gender inequality were experienced over and over, is in a danger of closure.
The association, which was pointed as a target by some of media via defamation news since June 25, 2021, was audited several times during June – September 2021. Following the audits two separate suits were filed against the center.
A lawsuit was filed against the association by the Governorship of İstanbul at the 8th Civil Court of Peace, demanding the declaration of the expiration of the association automatically on account of the fact that “it has become impossible to realize the purpose of the association”. The first trial of the file was heard on April 14, on Thursday, at 8th Civil Court of Peace, at 11.45 am. Ministry of Family and Social Services also made a request to get involve in the case with the Governorship. Attorneys of TTM said: “
An action for annulment of the association was also brought on the grounds of “contrariety to law and morality” at the 18th Civil Court of First Instance, with the indictment prepared by Public Prosecutor of İstanbul. The first trial of this file was heard on May, 18, 2022. “Cease and desist order” about the association was removed within the context of the case, on April, 6 upon the application of TTM. Ministry of Family also demanded involvement to the case with the Governorship. Attorneys of TTM had said “How a an association, which has been working with public enterprises for 15 years, be absent!” The case had been postponed to September 29.
An action for annulment of the association was also brought on the grounds of “contrariety to law and morality” at the 18th Civil Court of First Instance, with the indictment prepared by Public Prosecutor of İstanbul. The first trial of this file was heard on May, 18, 2022. “Cease and desist order” about the association was removed within the context of the case, on April, 6 upon the application of TTM. The case was postponed to November 2, at 11.30 am.
TTM has organized a volunteering activity on June, 27, in 2021, in which the guidebook titled “How to Protect LGBTI+ Students against Family and School Gripper?” prepared by Kaos GL, would be discussed. However this activity was pointed as a target in the media. Hate speech, targeting and defamations went on systematically until February, 9, 2022 and became widespread.
Having been targeted by the media, Ministry of Family and Social Services Beyoğlu District Directorate, Department of Social Services paid a visit to the association. Four days later, an audit by General Directorate of Civil Society Relations was started. The association was neither informed about the audit conclusions, nor the visit. On the other side Police Department Youth Service, took Chair of the Executive Board’s testimony within the claim of “crime of obscenity” on July, 19. The investigation resulted in non-prosecution. The audit which caused to suit several files against the association, was carried out by the Association Auditors from Ministry of Interior between July 26 and August 20, in 2021.
TTM, were able to take information related to the audit conclusions via the reports and annex, which were submitted to the case file, that were brought with the claims of “determination of absence” and “annulment of the association”. The first case is related to “determination of absence”.
The association hardly learned the second suit filed against it, via media. Following a news indicating a case against the association at the headline of Milat newspaper, which rang up the curtain for the defamation process, on February 9, lawyers of the association took information from the courthouse and learned that there had also been an action for annulment about the association, on February 10. Although the suits were filed on the grounds of “contrariety to law and morality”, actions concatenated within the context of the indictment for public interest, do not constitute a crime which would result in annulment of the association. Some issues which may result in administrative fine, like missing in ledger records, organizing educations without receiving permission, failure to asseverate publications of the association to Office of Chief Public Prosecutor, took place in the indictment. In addition, LGBTI+ related statements of the association, included in the report, which was prepared by the association's auditors and formed the basis of the case, as “obscenity” in an unlawful and discriminatory manner. LGBTI+’s fundamental rights and freedoms were also included in the report and the indictment as follows: “people known as LGBTI (gay, lesbian, bisexual, travesty, intersex) in short, who try to influence gender identity of children by normalizing their sexual orientation, in the society.”
Tags: human rights
