04/12/2023 | Writer: Yıldız Tar
The anti-LGBTI+ remarks made by Istanbul Governor Davut Gül when he was Governor of Gaziantep were protected first by TİHEK and then by the Court...
The Ankara 5th Administrative Court has ruled on discrimination against LGBTI+ people by the then Governor of Gaziantep, Davut Gül. The court found that the Turkish Human Rights and Equality Institution’s (TİHEK) rejection of the complaint regarding Governor Gül’s discriminatory remarks was in accordance with the law and dismissed the case.
1st Gaziantep Pride Week planned to be held last year, had been cancelled due to threats. Then Governor of Gaziantep, Davut Gül had targeted Pride Week by sharing a threatening message 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 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.
Antep Queer LGBTI+ Solidarity and Community is going to appeal to a higher court against the decision made by TİHEK. In a statement released after the decision, the community said that the decisions to reject the applications were not isolated cases:
“Those who turn our identities into the ‘justification’ of justice for various crimes are the ones who prevent the establishment of justice by rejecting our criminal complaints. We want to live! We want to have streets for freedom, justice for equality.”
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.
Discrimination before establishment: TİHEK
Its fields of duty include "anti-discrimination and equality", "national prevention mechanism" and "protects and improves human rights". It is called the Human Rights and Equality Institution of Turkey (TİHEK).
Founded in 2016 by a law of the same name, the TİHEK's mission is explained on its site as follows: "Protecting and improving human rights, working to guarantee the right of individuals to be treated equally, effectively combating torture and mistreatment."
Laws drafted on the establishment of the Human Rights and Equality Institution of Turkey were examined by The Grand National Assembly of Turkey Human Rights Commission on February 2016. CHP and HDP’s demand to add “sexual orientation and gender identity” to the law was not accepted in a homophobic reaction from AKP. HDP subsequently withdrew from the commission’s work.
The draft excluding sexual orientation and gender identity based discrimination could have been sent to the lower commission, yet was forwarded to the Assembly to be voted directly after the commission’s review, due to AKP’s persistence. Thus, the detailed examination of the draft by the lower commission was prevented. Neither civil society nor the opposition parties were allowed sufficient time to present their motions.
There were arguments at the commission meetings for the draft prepared by the government, which neglects LGBTI individuals and their demands while banning discrimination based on sexuality, race, color, language, religion, sect, philosophical and political view, ethnic origin, wealth, birth, marital status, health condition, disability and age.
Then-Prime Minister Ahmet Davutoğlu claimed that Turkey’s Human Rights and Equality Institution, which was developed without the views of civil society and ignored LGBTI+’s despite all demands, would strengthen human rights.
50 LGBTI organizations published a joint statement, saying “Do not discriminate against the gays, bisexuals, trans and intersex individuals in the Human Rights and Equality Institution Law!” Civil society organizations started a petition against the Law Draft on the Human Rights and Equality Institution which excludes human rights platforms from the procedure and discriminates against LGBTI individuals. Organizations addressed GNAT, stating “We, as the CSOs working for human rights, struggle against discrimination and equality in Turkey, would like to call attention to the fact that there is no possibility for the structure and framework envisioned by the draft to realize the aims and functions indicated in its premises.”
Translation: Selma Koçak
Tags: human rights
