08/02/2024 | Writer: Yıldız Tar
The threats made to disrupt Gaziantep Pride Week with “machine guns and batons” have not resulted in any legal action, with appeals being rejected. The decision will be brought to the Constitutional Court.
Legal processes regarding the 1st Gaziantep Pride Week, which was canceled due to threats, have also yielded no results. Criminal complaints against those who targeted the 2022 Pride Week in Gaziantep stalled first at the Prosecutor’s Office and then at the Gaziantep 5th Criminal Court of Peace. The Prosecutor decided not to prosecute, prompting appeals from rights advocates. The Judgeship, in line with the Prosecutor’s decision, also rejected the appeal.
LGBTI+ rights advocates from Gaziantep Pride Week are preparing to bring the decision to the Constitutional Court. Attorney Fatma Güner, who evaluated the entire process for KaosGL.org, stated that the struggle for justice will continue to hold those who targeted Pride Week accountable and added:
“In 2022, our clients faced intense threats on social media while organizing Pride Week. It can be said that there was a literal social media lynching process. These threats spilled over into the streets. Sharia-supporting groups gathered on the streets and made statements targeting our clients and the LGBTI+ community. As a result, some faced problems with their families, while others experienced impacts on their professional lives. There are human rights violations involved, but the Prosecutor’s Office decided not to prosecute. Our appeal was rejected without providing any concrete reasons. If justice is not served by the Constitutional Court and beyond, we will take our case, along with our fellow human rights advocate colleagues, to the European Court of Human Rights (ECHR).”
Lawyer Güner stated in the criminal complaint petition that offenses such as insult, threat, provoking the public to hatred and hostility were committed; she also added that these acts corresponded to hate crimes and hate speech.
Grey Wolves and Memur-Sen Hand in Hand
The statement by the representative of Confederation of Public Servants Trade Unions (Memur-Sen) referring to LGBTI+s as “source of evil” and the former president of Grey Wolves (Ülkü Ocakları) stating, “If there is any attempt made against our warning again, you will face the steel side of the grey wolves who are silk hiding steel, not their silk side” are among the threats included in the criminal complaint by human rights advocates.
Some of the threats and insults directed towards LGBTI+ individuals on social media include:
“no passage for these individuals, everyone come with a baton”
“There is no room for LGBTI+ individuals in Antep, you will die in your filth. You will not be allowed to spread that germ everywhere #SapkınlığaDurDe(SayNotoHeresy)”
“Come on, deign to walk... See how we’re coming all the way from Samsun to fix your wagon, you trannies”
“Attention people and NGOs of GAZIANTEP!' The remaining members of the Lut tribe are planning to march in Gazişehir, in Gaziantep on June 26th. They have been lobbying various institutions for about a month, without sharing their address information.”
“I’m sending the boys (my cousins) with machine guns, they’ll be there”
The Governor who targeted LGBTI+s promoted
Gaziantep then Governor Davut Gül was among those who threatened Gaziantep Pride Week and insulted LGBTI+ people.. Gül had targeted the Pride Week on social media saying: “There are posts stating that perverse events are being organized in Gaziantep. No permission has been given by our Governor’s Office and no application has been made to the Governor’s Office. It is not possible to give permission…”
Antep Queer LGBTI+ Solidarity and Community activists applied to TİHEK following these remarks by Governor Gül. However, TİHEK rejected the request on the grounds that “discrimination based on sexual orientation and gender identity” is not included in the TİHEK Law.
CLICK - Chronology: An anti-LGBTI+ rights institution, with human rights and equality in its name
The activists who took the rejection of the Turkish Human Rights and Equality Institution (TİHEK) to the judiciary were confronted with the same reasoning in court. Citing the rejection of all requests to add sexual orientation and gender identity to the article on discrimination in the TİHEK law, the Ankara 5th Administrative Court rejected the case. “As a deliberate decision of the legislator, sexual identity and sexual orientation are not accepted as grounds for discrimination,” the court said in its ruling.
The court also stated that TİHEK would not be able to accept any application that was not based on the grounds of discrimination laid down in the law..
On the other hand, with the appointment of Ali Yerlikaya to the Ministry of Interior on 5 June, Davut Gül was appointed Governor of Istanbul..
CLICK - The court acquitted TİHEK and the Governor of discrimination
Translation: Selma Koçak
Tags: human rights
