04/10/2022 | Writer: Selma Koçak

The “determination of absence” case suited against Tarlabaşı Community Center was postponed to May 9, 2023.

Ministry of Family and Social Services got involved in “determination of absence” case targeting TTM Kaos GL - News Portal for LGBTI+

The second trial of the file suited against Tarlabaşı Community Center (TTM), was heard today (September 29), at İstanbul 8th Civil Court of Peace. The involvement request of Ministry of Family and Social Services was sustained at the hearing which was attracted intensive attention by human rights defenders.

The case was postponed to May 9, 2023, at 11.55 am.

Those, who say “So glad we have TTM” made a press statement at Çağlayan Courthouse ahead of the “determination of absence” file suited against Tarlabaşı Community Center.

Reminding two separate files suited against TTM, advocators remarked: “The files suited against the community center, and hate speech targeting them for more than one year, made the association almost incapacitate.”

Whole text of the statement read by Ümit Efe from Human Rights Foundation of Turkey (HRFT), is as follows:

We are here to follow the second trial of ‘determination of absence’ case, which is one of two separate files suited against Tarlabaşı Community Center and will be heard at İstanbul 8th Civil Court of Peace today. You know that two separate files, one of them is ‘determination of absence’ and the other is ‘annulment action’ under color of ‘contrariety to law and morality’, had been suited against Association for Supporting Tarlabaşı Community, after being pointed out as a target systematically. The first trials of both cases were heard in April and May.

We also want to share some positive developments come out at this process, with you. As you may recall Ministry of Family and Social Services had requested to get involve in the case regarding determination of absence. United Nations CEDAW Committee also asked questions about the oppressions on freedom of organization and the files suited against Tarlabaşı Community Center to Minister of Family and Social Service Derya Yanık, at the 82nd session this year. However Derya Yanık, who participated in the sessions conducted in Geneve, as head of delegation, didn’t respond the questions about the cases they got involve in as Ministry of Family and Social Services. Remarking the oppressions on non-governmental organizations and freedom of organization, including Tarlabaşı Community Center case, CEDAW Committee warned Turkey about oppressions and cases against non-governmental organizations.

In addition, the cases filed against TTM, are being followed by EU-Turkey Joint Parliamentary Committee and United Nations Special Rapporteur on Human Rights Defenders and it is mentioned that the actions of the association are totally legal and essential. The support and solidarity of international human rights organizations with TTM, reveals that there is a strong international public opinion against closure of the association.

On the other hand, Ministry of Interior had demanded to get involve in the closure case, which is another files suited against the association, of TTM. As you may recall, the ‘cease and desist order’ about the association had been removed upon the application of TTM. Ministry of Interior had requested of appeal against the ruling. Having evaluated the appeal, the court accurately rejected the application of Ministry of Interior, from the rule.

Despite accusations and defamations against it at this process, TTM adopts not to reproduce hate speech, as a principle. In the meantime, TTM goes on claiming its rights by making denunciation of the journalists and institutions pointing out the association as a target systematically for more than one year.

And now, today we are here to participate in the hearing, in which ‘absence’ of Association for Supporting Tarlabaşı Community is trying to be determined under color of ‘disappearance of raison d’être’ for the association which has been working in order to perform a rights-based social service model and develop common life awareness in Tarlabaşı by providing a safe space especially for children, youth and women living there, for 16 years. We all know that poverty and requirement to provide women’s and children’s right to participation in social life equally and freely, need to access to rights particularly, education and justice, go on just the same. However the files suited against the community center, and hate speech targeting them for more than one year, made the association almost incapacitate.

We believe that an equitable, respectful of human rights and inclusive society can be constructed purely by with a strong civil society and demand to end the oppressions targeting civil society immediately. We believe that the court will give a lawful ruling by rejecting the determination of absence case against Association for Supporting Tarlabaşı Community as soon as possible, and we demand continuation of activities at the association.

The signature campaign was signed by 99 non-governmental organizations

99 non-governmental organizations said “We are with Association for Supporting Tarlabaşı Community” by making a joint declaration before the hearing. Signature company is going on at the website of “İyi ki Varsın TTM”, which was created in order to be in solidarity with TTM and defend freedom of organization.

Within the scope of the joint declaration, which was published under signature of 86 organizations, it is emphasized that the cases were threaten directed to all civil society:

 “We think what we experience today in the case of Association for Supporting Tarlabaşı Community, is a natural extension of regression in freedom of organization field, Trying to close Association for Supporting Tarlabaşı Community, by targeting the association and distorting it’s activities, is a threat directed to all civil society.”

Non-governmental organizations demanded to end the attacks against freedom of organizations, to terminate the oppressions targeting civil society, to abate the cases filed against Association for Supporting Tarlabaşı Community, and continuation of activities in the association safely.

Click to read the statement and see the signatory list.

So glad we have TTM!

“İyi ki varsın TTM” civil society attempt was created with the aim of following the case process and informing the public. The attempt share backgrounders and campaigns related to the cases on iyikivarsinttm.org website, and social media accounts; TwitterFacebook and Instagram.

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 file was suited 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
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