01/02/2012 | Writer: Kaos GL

The Court of Cassation accepting the insults ‘pervert’ and ‘faggot’ to homosexuals as insult reversed the judgement given by the local courts, recognizing the rightness of Kaos GL in its lawsuit against ‘Vakit’.

The Court of Cassation accepting the insults “pervert” and “faggot” to homosexuals as insult reversed the judgement given by the local courts, recognizing the rightness of Kaos GL in its lawsuit against “Vakit”.
In its verdict reversal, the civil chamber of the Court underlining that freedom of press does not require the abuse of personal rights decided on a compensation penalty to writer Serdar Arseven and Yeni Akit (Vakit) for overcritizing different sexual orientations by using the words “sexual deviant” and “faggot”.
The verdict points out that Kaos GL is an association “defending the rights of those who have different sexual orientations”. It is also stated that the chairman of TGNA Human Rights Commission, Zafer Üskül joined the meeting, showing interest in the related issues.
It all begins with participation of AKP Politican Zafer Üskül in the Anti-Homophobia Meeting of Kaos GL
AKP Politician Zafer Üskül participated in the inauguration conference of the 3. International Anti-Homophobia Meeting organized by Kaos GL.
It was the first time that a politician of the party in power (Prof. Dr. Zafer Üskül, TGNA Human Rights Investigation Commission) joined in a conference where rights of LGBTs were on the agenda and discussions were made about homophobic and transphobic practices against Lesbians, Gays, Bisexuals and Transgenders.
Zafer Üskül gave a brief speech in the inauguration conference in which Michael Cashman (Member of the European Parliament) and jurist Mehveş Bingöllü (Representative of the European Court of Human Rights) participated.
Üskül said, “Freedoms should be interpreted as a unity. Hierarchy of equality is not acceptable,” and added, “A person shall not be exposed to discrimination due to his/her sexual orientation. The Public Power is obliged to ensure the use of freedoms. Anyone who thinks that his/her rights are abused has “the right to protect them” given by TGNA Human Rights Investigation Commission.
Üskül stating that the society of Turkey is conservative and the people in Turkey can not change their traditional prejudices that easily said, “Previously, there was that law permitting the police and administration to close down associations. But today there is a new regulation where judicial opinion is needed to ban an association. Homosexuals are supposed to form associations.”
And then Vakit (Yeni Akit) starts to insult…
Following the Anti-Homophobia Meeting organized by Kaos GL, Vakit addresses its negative comments on Prof. Dr. Zafer Üskül, AKP politician and chairman of the Human Rights Investigation Commission, by stating on 21 May 2008 under the coloumn “An AKP politician giving pledge for faggots” of “Üskül’s choice for perverts” titled news.
Vakit felt free on distorting the responsible behaviour of Zafer Üskül and the meeting under the theme of “Human Rights and Discrimination” by producing and spreading hate crimes, blaspheming, slandering, targeting and insulting through news.
Vakit insulting and targeting at associations and members, who are working for human rights of those who are exposed to sexual discrimination, and the chairman of the TGNA Human Rights Investigation Commission were found  guilty.
The Top Court acknowledges Kaos GL to be right
Kaos Gay Lesbian Cultural Research and Solidarity Association sued Vakit for damages due to its “Üskül’s choice for perverts” titled news.
Serdar Arseven, the coloumnist of Vakit, was filed a lawsuit to the prosecutor of Ankara, leading to an opening of a criminal suit. Kaos GL considered the slander of Üskül as intolerance of fundamental human rights in 2008.
Ankara 19th Court of First Instance considering “Üskül’s choice for perverts” titled news as “criticism within bounds” dismissed the claim for damages filed by Kaos GL. The appealing of the decision was made by the 4th Civil Chamber of the Supreme Court. The local court condemned Arseven for 2 thousand Turkish Liras and Vakit for 4 thousand Turkisl Liras.
Through the decision of the Supreme Court, calling homosexuals  “pervert” and “faggot” is found an insult.

 Translater: Ali And

Tags: human rights