Country of origin information report Turkey March 2007

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20 Lesbian, gay, bisexual and transgender persons
Legal rights
20.01 As noted in the Amnesty International document ‘Turkey Memorandum on AI’s recommendations to the government to address human rights violations’, dated 1 August 2005:
“Article 122 of the draft of the new TPC which forbids discrimination on the basis of ‘language, race, colour, gender, political thought, philosophical belief, religion, denomination and other reasons’ was amended at the last moment so that ‘sexual orientation’ was removed from the draft. Amnesty International is therefore concerned that discrimination on the basis of sexuality was not criminalized in the new TPC. This is coherent with Article 10 of the Constitution which states that ‘Everybody is equal before the law without making any distinction on the basis of language, race, colour, gender, political thought, philosophical belief, religion, denomination and other reasons.’ Amnesty International considers that both these articles should be amended to ensure full equality in law and practice of individuals of different sexual orientation.” [12i] (Section on Minority rights and discrimination)
20.02 The website of KAOS GL (‘Brochure for KAOS GL’ accessed on 1 October 2005) states that “KAOS GL is a group founded in September 1994 with the purpose of bringing Turkey’s homosexuals together to struggle against discrimination. The group’s underlying philosophy is that liberation of homosexuals will also free heterosexuals. KAOS GL has been publishing the journal KAOS GL (now a quarterly) since it was founded.” [96]
20.03 The website of KAOS in an overview of issues affecting the Lesbian, Gay, Bisexual and Transgender (LBGT) of Turkey in September 2005, noted that:
“The new Turkish Penal Code, which does not recognize the existence of Turkish lesbian, gay, bisexual or transgender (LGBT) people, went into effect on June 1, 2005. None of the demands Kaos GL and Lambda Istanbul brought up during their face-to-face meetings with the Justice Commission members were considered… The Turkish LGBT Community urges the government to take the necessary action to amend the Turkish Penal Code to: Ban and criminalize discrimination based on sexual orientation and gender identity. Remove the article penalizing consensual sexual relations between young people of 15 – 18 years of age. (which conflicts with the Children's Rights Protocol and the Global Declaration on Human Rights, both ratified by Turkey). Amend the obscenity article by clearly defining acts of obscenity.” [96e]

20.04 The KAOS website also noted that although it is legal in Turkey to be lesbian, gay, bisexual or transgender, discrimination and persecution are also prevalent. It is too early to be optimistic about the future when it comes to LGBT rights. There is still massive discrimination in both the public and private sector. It is very difficult for someone to press charges when he/she faces discrimination based on sexual orientation; Turkish laws do not recognize crimes of discrimination based on sexual orientation or gender identity. Transgenders, who are often the most visible part of the LGBT community, continue to face discrimination and physical harassment by society. Just like gays and lesbians, they have little legal recourse. Although security forces have been very harsh to transgenders in the past, with the considerations regarding human rights by the European Union (EU) and the Turkish public, the situation is slowly improving. [96f]

Government attitudes
20.05 The European Commission 2005 report recorded that:
“In September 2005, the registration of Kaos GL Gay and Lesbian Cultural Research and Solidarity Organisation was temporarily blocked by Ankara’s Deputy Governor. In a letter to the association and to the local prosecutor, he noted that the Civil Code proscribes the establishment of an association which is ‘contrary to law and morality’. However, the prosecutor decided not to pursue the case, concluding that homosexuality cannot be equated with immorality.” [71d] (p28)
20.06 As reported on 13 October 2005 on the website of the Kaos GL:
“An official demand to ban Turkey’s first gay rights association was rejected by a prosecutor on Wednesday, allowing the KAOS Gay and Lesbian Cultural Research and Solidarity Association to continue to operate, reports Agence France-Presse. The decision was hailed by gay rights activists as a big step in combating discrimination in the country, which hopes to join the European Union. The Ankara governor’s office had informed KAOS last month that it had asked a court to dissolve the group because ‘associations against law and morality cannot be established.’ But the prosecutor reviewing the demand decided not to proceed with a court case on the grounds that the words ‘gay’ and ‘lesbian’ are used both in daily life and scientific research with no inhibitions and that homosexuality does not amount to immorality. ‘This is a big step in efforts to remove sexual discrimination in all areas of social life and allow Turkish homosexuals the equality and justice they deserve,’ KAOS said in a statement.” [96b]