16/09/2024 | Writer: Yıldız Tar
Kaos GL reported violations of rights targeting LGBTI+ persons to the UN Committee on the Convention on the Elimination of All Forms of Discrimination against Women. The report included hate murders, unjust provocation reductions, bans and hostile approach of State officials.
Kaos GL contributed to the periodic review of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
As a party to the Convention, Turkey is required to submit periodic country reports every four years. In 2020, Turkey presented its 8th Periodic Country Report to the Committee on the Elimination of Discrimination against Women. The Committee issued its Concluding Observations Report in 2022, and Turkey submitted its follow-up report on these observations in July 2024. This follow-up report is set to be reviewed during the Committee’s 89th session, scheduled for October 7-25.
“Unjust provocation” reduction
The Kaos GL Association submitted a report to the CEDAW Committee in response to Turkey’s follow-up report. In the report, prepared by Lawyer Yasemin Öz, it was highlighted that the judiciary frequently applies the "unjust provocation" reduction in sentences for crimes and murders targeting LGBTI+ individuals. Kaos GL outlined this issue in its report, emphasizing the systemic nature of this practice and its impact on justice for LGBTI+ victims.
“In 2014, a man who killed a trans woman was given an ‘unjust provocation’ sentence reduction from life to 18 years. According to the verdict, the ‘unjust act’ was the victim’s ‘being a transvestite’. Not only lesbophobic and/or transphobic motives against LBT+women are ignored by the judicial bodies, but the courts can reward perpetrators with sentence reductions based on ‘unjust provocation’ or ,’good behaviour’.”
Hate murders
The report underscores that hate crimes, suspicious deaths, and unexplained suicides targeting LGBTI+ individuals, particularly trans women sex workers, persist. It further states:
“Hate crimes against LGBT+ individuals, particularly trans women engaged in sex work, as well as suspicious deaths and suspected suicides, continue to persist. There is no legal framework addressing hate crimes against LGBT+ people; the relevant legal provisions do not offer protection to LGBT+ individuals, and sexual orientation, gender identity, gender expression, and gender characteristics are not included as aggravating factors in the law. Official statistics on hate crimes and hate attacks are not kept. Investigations and judicial processes in hate crime cases are not progressing effectively. For example, the trial concerning Ahmet Yıldız, who was murdered in 2008, which was opened in 2009, is still ongoing, and the court has not accepted requests from those following the case for clarification of the event and capture of the perpetrator. In these trials, requests from LGBT+ associations, bar associations' LGBT+ rights centers, and human rights organizations to participate in the case are rejected. Türkiye has high number of hate murders against LGBTI+ people among Europe and globe.”
Hostile approach of the State officials
The report also included the “hostile approach” of the State officials:
“Turkey’s state-produced LGBTI+phobia and anti-human rights rhetoric continues on an upward trend. The recent years are marked by strong discriminatory speech coming from the President Recep Tayyip Erdoğan as well as the other high-level public authorities. That contributes towards the recorded increase of hate crimes and other bias-motivated incidents, including domestic violence, gender-based violence and discrimination based on SOGI.”
Bans and censorship
In its report to the CEDAW Committee, Kaos GL highlighted the systematic suppression of LGBTI+ individuals' freedom of expression and association. The report provided examples such as the repeated bans on Pride Marches, censorship and fines imposed by RTÜK, the banning of books, the prevention of concerts and performances, and the closure of the Boğaziçi University LGBTI+ Studies Club.
Tags: human rights, women, media, life
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