07/05/2024 | Writer: Kaos GL
The eighth hearing of the “closure” case filed against the Association for Supporting Tarlabaşı Community (Tarlabaşı Community Center / TTM) was held at the 18th Civil Court of First Instance on Monday, May 6th. The case was postponed to October 21th.
Photograph: MLSA
Embassy of Sweden, Media and Law Studies Association (MLSA) and Association for Monitoring Equal Rights (AMER) were present at the hearing.
In the court proceedings regarding the lawsuit filed against TTM for alleged “violation of law and morality” the Ministry of Interior’s legal representative argued that the association’s “objectives are in conflict with legal and moral standards.” The lawyer emphasized that TTM’s unauthorized press and educational activities are promoting what they perceive as “LGBT propaganda” among young individuals, potentially influencing their sexual identities. As a result, the Ministry of Interior petitioned for the dissolution of the association. Echoing this sentiment, the Ministry of Family and Social Services also supported the request for dissolution during the hearing, as reported by Eylem Sonbahar from MLSA.
Due to the limited capacity of the courtroom, numerous attendees observed the hearing from the doorway.
Among the spectators were representatives from the Embassy of Sweden and the Association for Monitoring Equal Rights, alongside the association’s legal team comprising Sevgi Kalan Güvercin and Selmin Cansu Demir. Additionally, a request for involment in the case was made by the lawyer from the Istanbul Bar Association No. 2. Responding to this request, the judge stated, “You may submit your petition, and we will duly consider it.”
The association’s legal representatives announced their intention to thoroughly review the received documents and subsequently submit their written statements. They emphasized that there were no allegations against their clients and highlighted an ongoing case filed against two association executives at the Istanbul 2nd Criminal Court of First Instance unlawfully.
In response, the court opted to request the case file concerning the aforementioned executives from the Istanbul 2nd Criminal Court of First Instance for thorough examination. Additionally, the court decided to scrutinize a file provided by the Istanbul Chief Public Prosecutor’s Office Family Protection and Prevention of Violence against Women Bureau.
As a result, the hearing was adjourned to October 21, 2024, to allow for the necessary review and deliberation.
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 lawsuit was filed 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
