15/12/2006 | Writer: KAOS GL

December 13, 2006
GAY.COM/PlanetOut.com Network

A criminal court case has been filed in Ankara, Turkey against the chief editor and owner of Kaos GL Magazine, the only LGBT Turkish magazine published since 1994.

Umut Guner, owner of the magazine 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 a three-year 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."

Kaos GL filed 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, the Twelfth Ankara Justice Court confiscated issue 28 of Kaos GL magazine on the same day it was printed, 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, the 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 issue 28 of Kaos Gay and Lesbian Cultural Studies and Solidarity Foundation's publication, Kaos.

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). (Gay.com U.K.)

Original Link: http://uk.gay.com/headlines/10785
Tags: human rights