Turkey: Treatment of gay, lesbian and transgender people by Turkish society; treatment by authorities; legislation, protection and services available

Legislation

Turkey does not have a legislative statute that relates to homosexuality (Sodomy Laws 21 Apr. 2007; France 13 July 2005). Although homosexuality is not illegal, gay and lesbian Turks are not specifically protected by any legislation (Kaos GL 5 2006; IHT 2 May 2007). Furthermore, gay activists have complained that municipalities use morality-based laws to discriminate against gay and lesbian Turks (US 6 Mar. 2007; Sec. 5; Kaos GL 5 Mar. 2007; IHT 2 May 2007).

In January 2004, Turkey's Parliamentary Justice Commission created a draft law, including a clause to make "discrimination based on sexual orientation" illegal (Kaos GL N.d.; The New York Times 5 Feb. 2006; France 13 July 2005). However, this clause was removed in July 2004, prompting a gay rights advocate to state that although there have been considerable improvements in overall human rights in Turkey, lesbian, gay, bisexual, and transgendered (LGBT) rights have been left out (The New York Times 5 Feb. 2006). The International Herald Tribune cites the head of Amnesty International (AI) in Turkey, Levin Korkut, as saying that even "liberal" Turks do not want to protect gay and lesbian Turks (2 May 2007).

Societal attitudes

In February 2006, The New York Times suggested that efforts by LGBT rights activists to raise public awareness conflicted with the traditional values of some members of the Turkish government (5 Feb. 2006). Similarly, an article in The International Herald Tribune implies that the lack of legal protection for homosexuals stems from the strong influence of conservative and religious attitudes in Turkey (2 May 2007).

In March 2006, the Istanbul-based Turkish language newspaper Milliyet published the results of a survey conducted among 1,644 Turks over 18 years of age, which found that 76 percent of respondents "were disturbed by homosexuals" (AFP 10 Mar. 2006).

Also in March 2006, the gay rights group Lambda Istanbul published the results of a 2005 survey based upon interviews with 393 gay men, lesbians and bisexuals in Istanbul (15 Mar. 2006). Some 83 percent of respondents said they hid their sexual orientation from all or some members of their nuclear family and 88 percent of workers hid their sexual orientation from all or some of their colleagues (Lambda Istanbul 15 Mar. 2006). While 23 percent of respondents stated that they had been victims of physical violence because of their orientation, some 87 percent said they had endured social violence, including verbal remarks or being ignored due to their sexuality (ibid.).

It is reported that many Turkish transvestites and transsexuals work as prostitutes because they cannot find regular jobs due to the prejudice they face (IHT 2 May 2007; Kaos GL 5 Oct. 2006; Turkish Daily News 9 Apr. 2007). Gay and lesbian rights organizations assert that Turkish homosexuals risk losing their jobs if their sexual orientation is revealed, and Turkish legislation does not protect them in these situations (US 6 Mar. 2007, Sec. 5). For example, homosexuals are considered "unfit to serve" in the Armed Forces (Kaos GL Oct. 2006b). The Turkish military regards homosexuality as a psychological disorder (Kaos GL N.d.), and according to the Kaos Gay and Lesbian Cultural Research and Solidarity Organization (Kaos GL) (the first non-governmental organization to focus on LGBT rights), soldiers who are suspected of being homosexual face humiliation and/or dismissal (Kaos GL Oct. 2006b). A 2005 report by France's Commission des Recours des Refugies states that soldiers identified as homosexual face dismissal and/or a three to six month term of imprisonment (France 13 July 2005).

Treatment by authorities

According to an Istanbul police official cited in The New York Times, between 1996 and 2003, there were "36 homicides classified as bias crimes involving sexual orientation" (5 Feb. 2006). Gay rights activists suggest that in reality, the number of hate-related murders may be higher due to the reluctance by families to disclose the victims' orientation to the courts (The New York Times 5 Feb. 2006). Many gay men who are victims of harassment or assault fail to report these incidents for similar reasons (IHT 2 May 2007).

In May 2007, the head of AI Turkey is cited as saying that "there are some '[anti]hate crime' articles in the criminal code, but they are not used appropriately" (IHT 2 May 2007). Following the murder of a gay Turkish reporter in February 2006, in which the attacker allegedly stabbed the victim over a sexual proposition, the judge sentenced the murderer to over 15 years' imprisonment for manslaughter (Kaos GL 5 Mar. 2007). Kaos GL has disputed this conviction, arguing that the reporter "was stabbed 32 times, which is a clear indication of a hate crime" (ibid.). Kaos GL suggests that the conviction of manslaughter and not murder implies that homophobia exists within the justice system (ibid.). Kaos GL recommends that the Turkish government revise the Penal Code to "define gay murders as hate crimes" (ibid.).

Although sex changes are legal in Turkey (Kaos GL 5 Oct. 2006), Lambda activists report that transsexuals and transvestites experience more discrimination than gay and lesbian Turks because they are visibly more different (Turkish Daily News 9 Apr 2007). Reuters reports that human rights organizations have noted an increase in police action against transsexuals since the centre-right Justice and Development Party (AKP) (US 31 May 2007) took power in 2002; one human rights official connects this increase to the party's more 'Islamic-minded' police (Reuters 3 Oct. 2006). Kaos GL offers examples of specific incidences in 2006 where police did not protect transvestites and transsexuals from violent attacks that occurred in Eryanman, outside of Ankara (Kaos GL Oct. 2006a). Allegedly, police did not respond to official complaints by victims, nor did they step in when they witnessed crimes as they occurred (ibid. Oct. 2006a).

A transsexual sex-trade worker interviewed by Reuters reported several incidents involving physical violence by police against transsexuals (3 Oct. 2006), although this information could not be corroborated by the Research Directorate within the time constraints of this Response.

In May 2006, the deputy governor of Bursa, Cafer Odabas, authorized a local court to close down the Rainbow Solidarity and Cultural Association for Transgenders, Gays and Lesbians, two months after it had opened (ILGA 24 May 2006). According to ILGA News, Odabas cited laws of morality and family values in deciding to shut down Turkey's second legally registered LGBT organization (ibid.). A prosecutor rejected the ban in October of that same year (Kaos GL N.d.).

In July 2006, LGBT organizations reported on the confiscation of the 28th summer 2006 issue of the Kaos GL magazine by Ankara's Chief Republican Prosecutor's Office because its feature article was considered a breach of public morality (ILGA News 25 July 2006; Kaos GL 31 July 2006). The article in question includes a picture of "men in explicit sexual poses" and an analysis of pornography-related issues (IHT 2 May 2007). After seeing the appeal rejected by the First Instance Criminal Court of Ankara, the magazine took the case to the European Court of Human Rights (ECHR) (Kaos GL 24 Aug. 2006), where a decision was still pending as of 9 April 2007 (Turkish Daily News 9 Apr. 2007). In December 2006, a criminal court case was filed against the magazine's owner and chief editor, Umut Guner, on charges of peddling pornography, which can carry a penalty of up to three years' imprisonment (Gay.com 12 Dec. 2006; Kaos GL 12 Mar. 2007). However, in March 2007, Guner was acquitted of these charges (ibid.; IHT 2 May 2007) after it was found that his magazines had been confiscated before being put on sale (ibid.).

In August 2006, a group of transsexuals were reportedly denied the right to set up an association in the city of Bursa for reasons of "public morality" (Kaos GL 5 Oct. 2006).

In September 2006, the gay rights organization Kaos GL was denied permission to register as an official non-governmental organization (NGO) by Ankara's governor, Selahattin Ekmenoglu (The New York Times 5 Feb. 2006).

In August 2006, anti-gay protesters disrupted a planned demonstration by gay rights activists in the city of Bursa who were protesting the city's governor's decision to close down the local homosexual association, Gokkusagi (Rainbow), because of its perceived non-compliance with "moral and family values" (AFP 6 Aug. 2006; Turkish Daily News 8 Aug. 2006; ILGA 16 Aug. 2006). According to media reports, hundreds of protesters hurled stones at the Gokkusagi headquarters, preventing the activists from safely beginning their march; the activists stated that the police had failed to provide sufficient protection in order to allow their march to go ahead as planned (ibid.; AFP 6 Aug. 2006; Turkish Daily News 8 Aug. 2006).

Services

As of February 2007, Turkey had several legally registered LGBT organizations: Kaos GL (Ankara), Lambda Association (Istanbul), Pink Life (Ankara), and the Rainbow Association (Bursa) (Kaos GL N.d).

Kaos GL was informally established in 1994 as Turkey's first non-governmental organization to promote LGBT rights (ibid. Oct. 2006a). Kaos GL cooperates with other LGBT organizations, such as the International Lesbian and Gay Association (ILGA) (ibid. Oct. 2006b). It obtained legal NGO status by the Interior Ministry on 15 July 2005, after Ankara's Prosecution Office overturned efforts by the city's mayor to ban the organization under civil code provisions on morality (ibid. Oct. 2006a). The Prosecution Office noted in its ruling that according to the American Psychiatric Association, homosexuality was not a disorder; the ruling also marked "the first time that a prosecutor's office had decided that homosexuality was not immoral" (Kaos GL Oct. 2006a). This information could not be corroborated among the sources consulted by the Research Directorate.

Lambda Istanbul operates a telephone helpline to counsel Turkish sexual minorities (Lambda Istanbul 15 Mar. 2006). Lambda Istanbul also organizes events to raise awareness of LGBT rights; for instance, in June 2003, it celebrated its tenth gay pride week (Kaos GL 2006). Both Kaos GL and Lambda Istanbul have been active in legislation projects, such as consultations on the Turkish parliament's 2004 consideration of the new Penal Law (ibid.).

In February 2006, The New York Times reported that despite the existence of discrimination, Turkey's gay nightlife is no longer in hiding (5 Feb. 2006). The Turkey Gay Guide published on the Web site of the Queer Resources Directory (QRD) contains a list of dozens of bars, discos, and restaurants that cater to a gay, lesbian, bisexual or transgendered (LGBT) clientele in Istanbul as well as in Ankara, Antalya and Eskisehir (n.d.). The directory also contains contact information for medical clinics and psychological services (QRD n.d.).

Turkish universities may now host gay and lesbian groups (Turkish Daily News 9 Apr. 2007; IHT 2 May 2007). A May 2007 article published in the International Herald Tribune reports on plans by gay rights activists to host forums in universities across the country to discuss rights and problems related to discrimination (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 6 August 2006. "Angry Crowd Prevents Gay March in Turkey." (NEXIS)
_____. 10 March 2006. "Turks Have Little Tolerance for Gays, Extra-Marital Relationships: Poll." (NEXIS)

France. 13 July 2005. Commission des recours des réfugiés. La situation des homosexuels en Turquie. [Accessed 23 May 2007]

Gay.com. 12 December 2006. "Gay Publisher Faces Jail in Turkey." [Accessed 14 May 2007]

International Herald Tribune (IHT) [Paris]. 2 May 2007. "Despite Turkey's Reforms, Gay Community Says It Lacks Legal Protections." (Associated Press) [Accessed 14 May 2007]

International Lesbian and Gay Association (ILGA) [Brussels]. 16 August 2006. "Cancellation of the LGBT March in Bursa." (Rainbow Association) [Accessed 14 May 2007]

ILGA News [Brussels]. 25 July 2006. "Freedom of the Press Gay and Lesbian Magazine Banned in Turkey." [Accessed 28 July 2006]
_____. 24 May 2006. "Another Turkish Gay Rights Group Risks Closure in the City of Bursa." [Accessed 24 May 2006]

Kaos Gay and Lesbian Cultural Research and Solidarity Organization (Kaos GL) [Ankara]. 12 March 2007. "Turkish Gay Editor Has Been Acquitted." [Accessed 23 May 2007]
_____. 5 March 2007. "A Gay Murder and Injustice in Turkey." [Accessed 14 May 2007]
_____. 5 October 2006. Selcuk Gokoluk. "Turkey's Transsexuals Face Increasing Violence." (Reuters) [Accessed 14 May 2007]
_____. October 2006a. "LGBT Movement in Turkey in 2006." [Accessed 14 May 2007]
_____. October 2006b. "Situation of Gays in Turkish Army." [Accessed 14 May 2007]
_____. 24 August 2006. "Ban on GL Publication is Going to ECHR." (BIA News Center) [Accessed 14 May 2007]
_____. 31 July 2006. "Kaos GL Magazine Is Banned!" [Accessed 14 May 2007]
_____. 2006. "LGBT Movement in Turkey and European Union (2006)." [Accessed 23 May 2007]
_____. N.d. "Turkey LGBT History." [Accessed 8 June 2007]

Lambda Istanbul. 15 March 2006. "Survey Results: Problems of Lesbians, Gays and Bisexuals in Istanbul." [Accessed 14 May 2007]

The New York Times. 5 February 2006. Sebnem Arsu. "Turkey Balks on Widening Rights for Gays." [Accessed 23 May 2007]

Queer Resourcs Directory. N.d. "Turkey Gay Guide." [Accessed 14 May 2007]

Reuters. 3 October 2006. Selcuk Gokoluk. "Turkey's Transsexuals Face Increasing Violence." [Accessed 8 June 2007]

Sodomy Laws. 21 April 2007. "Turkey."

Turkish Daily News. 9 April 2007. Safak Timur. "Turkey's Gay-Lesbians on Their Way to be Recognized." [Accessed 14 May 2007]
_____. [Ankara]. 8 August 2006. "Gay March Cancelled in Bursa." [Accessed 14 May 2007]

United States (US). 31 May 2007. Central Intelligence Agency (CIA). "Turkey." The World Factbook. [Accessed 11 June 2007]
_____. 6 March 2007. Department of State. "Turkey." Country Reports on Human Rights Practices for 2006. [Accessed 23 may 2007]

Additional Sources Consulted

Oral sources: The Human Rights Association of Turkey (IHD), Kaos GL and Lambda Istanbul did not respond to requests for information within the time constraints of this Response.

Internet sites, including: Amnesty International (AI), British Broadcasting Corportation (BBC), European Country of Origin Information Network (ecoi.net), Freedom House, Global Gayz, Human Rights Association of Turkey (IHD), Human Rights Foundation of Turkey, Human Rights Watch (HRW), International Helsinki Federation for Human Rights (IHF), Organization for Human Rights and Solidarity for Opressed People (Mazlumder), Today's Zaman [Istanbul].