Turkey country assessment

Virginity Testing

6.317 The USSD 2002 reported that
“According to HRF [Human Rights Foundation of Turkey], there were fewer reports of ‘virginity testing’ than in past years, and no reports of the practice among family members; regulations banning the practice unless requested by the women were generally enforced. In February [2002] the government abolished a regulation allowing the practice to be used on nursing school students. However, the Women’s Commission of Diyarbakir Bar Association released a study indicating that 99 percent of female detainees in five southeastern provinces were subjected to the practice.” [5a] (p27)
6.318 The USSD 2003 reported that “Unlike in previous years, HRF recorded no reports of forced ‘virginity testing’." [5d] (p24)
6.319 The Council of Europe Commissioner for Human Rights report published December 2003 stated that
“In January 1999 the Minister of Justice published a decree prohibiting subjecting women in custody to virginity tests without their express consent. The decree stipulates that such tests may only be used to confirm suspicions of sexual assault, sexual acts committed on minors and prostitution. Only a judge can order such an examination without the women’s consent and then only if it is the sole means of gathering evidence that an offence has been committed.” [21] (p29)
6.320 However, in the above report the Commissioner also reported that the situation of women in police custody is a subject of serious concern and one of the problems frequently reported include the virginity testing of female detainees. [21] (p29)
6.321 The European Commission 2004 reported that “As regards virginity testing, the new [Penal] Code foresees a prison sentence for those ordering and conducting such tests in the absence of a court order. However, contrary to the request of women’s NGOs, the consent of the woman on whom the test is to be conducted is still not required.” [71c] (p45)
6.322 The Norwegian Country of Origin Information Centre ‘Report of fact-finding mission to Turkey noted that under the new Penal Code, virginity testing will be prohibited unless formally authorised by a judge or a prosecutor. “Some women’s activists, however, were critical of the fact that virginity testing still could be conducted without the consent of the woman.” [16] (p32)

Employment/Gender Equality

6.323 The USSD 2004 considered that:
“Women continued to face discrimination in employment to varying degrees and were generally underrepresented in managerial level positions as well as in government. Women generally received equal pay for equal work in professional, business, and civil service positions, although a large percentage of women employed in agriculture and in the trade, restaurant, and hotel sectors worked as unpaid family labor…The Directorate General on the Status and Problems of Women, under the State Minister for Women's and Children's Affairs, is responsible for promoting equal rights and raising awareness of discrimination against women. In October, Parliament adopted legislation that allows the Directorate General to expand its limited staff.” [5c] (Section 5)
6.324 The USSD 2004 continued:
“Independent women's groups and women's rights associations existed but have not significantly increased their numbers or activities, mostly due to funding problems. There were many women's committees affiliated with local bar associations. Other organizations included the Association for Supporting and Training Women Candidates (Ka-Der), Flying Broom, the Turkish Women's Union, the Association for Researching and Examining Women's Social Life, and the Foundation for the Evaluation of Women's Labor.“ [5c] (Section 5)
6.325 In her paper of December 2004 Kirsty Hughes outlined that:
“Women’s NGOs are a particularly strong element of Turkey’s growing set of civil society organisations. Their grassroots and political activity across the country represent a vital dynamic in the political and social struggle to improve women’s rights, and the genuine respect of those rights in Turkey… Women’s NGOs have mostly strongly welcomed the EU goal and the impact of EU political demands, together with the future impact of adopting EU social legislation including gender equality laws. But they also emphasise their own long-running activities in pushing for legal, social and political change.” [77] (p21)
6.326 Kirsty Hughes’ paper continued:
“The situation of women in contemporary Turkey is rather diverse, with class, education, religion, ethnicity and urban/rural background all impacting on women’s social, economic and political situation. While the overall women’s employment rate is strikingly low (at 25% compared to an EU average of 55 %), female employment in many of the professions – from law to academia to medicine – is relatively high. But politics is a particular and major black spot, with women accounting for only 4% of national MPs, and for a tiny proportion of mayors in local government (under 1% – 25 out of 3234 mayors).” [77] (p21)
6.327 The USSD 2003 considered that “Particularly in urban areas women are well represented at all levels in the professions, business, and the civil service, and constituted more than one-third of university students.” [5d] (p24)
6.328 According to the European Commission 2004 “A circular was issued in January 2004 by the Office of the Prime Minister with a view to ensuring gender equality when recruiting for the public services. Limited progress was made on the adoption of legislation aimed at guaranteeing the effective prohibition of discrimination in employment.” [71c] (p45)
6.329 According to the Turkish Daily News (December 2003) Ka-Der has called on political parties to include more women candidates on their lists for upcoming elections. At present the ratio of female deputies in Parliament is 4.4 percent while only a few women have any say in local administrations. [23g] As recorded in Europa Regional Surveys of the World ‘The Middle East and North Africa 2005 Tansu Ciller was elected as the Chairman of the DYP political party in April 1993 and became first female Prime Minister of Turkey in June 1993. [1d] (p1164)
6.330 See Section 6.B on Headscarves
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Children
6.331 The European Commission 2004 reported that “With respect to children’s rights, despite accession to the ILO Convention on the Elimination of Worst Forms of Child Labour and amendments to the legislation in this area, child labour is still a significant problem. The right to education of children, in particular girls, is not respected and the issue of street children remains serious in some regions.” [71c] (p46)
6.332 The USSD 2004 reported that “The Government was committed to furthering children's welfare and worked to expand opportunities in education and health, including a further reduction in the infant mortality rate. The Minister for Women's and Children's Affairs oversaw implementation of official programs for children. The Children's Rights Monitoring and Assessment High Council focused on children's rights issues.“ [5c] (Section 5)
6.333 The USSD 2004 continued:
“Government-provided education through age 14 or the eighth grade is compulsory. Traditional family values in rural areas placed a greater emphasis on education for sons than for daughters. According to the Ministry of Education, 95.7 percent of girls and 100 percent of boys in the country attended primary school; however, a UNICEF report released during the year indicated that, in the rural areas of some provinces, over 50 percent of girls between 7 and 13 and over 60 percent of girls between 11 and 15 did not attend school.“ [5c] (Section 5)

6.334 The USSD 2004 also reported that:
“Gaps in social security and health insurance programs left approximately 20 percent of families and their children without coverage. Persons not covered by insurance may use a special program to access public health care. Immunization rates in some eastern and southeastern provinces lagged behind the rest of the country. According to UNICEF, the infant mortality rate dropped to 29 per 1,000 in 2003.“ [5c] (Section 5)
6.335 The USSD 2004 also noted that “Child abuse was a problem. There were a significant number of honor killings of girls by immediate family members, sometimes by juvenile male relatives…In September, Parliament eliminated an article of the Penal Code under which a mother who killed an illegitimate child to protect family honor could receive a reduced sentence.” [5c] (Section 5)
6.336 As noted in the USSD 2004:
“The law prohibits the employment of children younger than 15 and prohibits children under 16 from working more than 8 hours a day. At 15, children may engage in light work provided they remain in school. The Constitution provides that no person shall be required to perform work unsuitable for their age, gender, or capabilities, and the Government prohibited children from working at night or in areas such as underground mining. The law prohibits children attending school from working more than 2 hours per day or 10 hours per week.” [5c] (Section 6d)
6.337 However, the USSD continued:
“Child labor was widespread. The State Statistical Institute reported that the number of child laborers between the ages of 12 and 17 dropped from 948,000 in 2003 to 764,000 during the year; however, some observers claimed that the actual number of working children was rising…According to the Labor Ministry, 65 percent of child labor occurred in the agricultural sector. However, some observers maintained that the bulk of child labor had shifted to urban areas as rural families migrated to cities. Many children worked in areas not covered by labor laws, such as agricultural workplaces with fewer than 50 workers or the informal economy. According to the Labor Ministry, the Government allocated $15 million (20.3 trillion lira) for programs to eliminate child labor during the year.” [5c] (Section 6d)
6.338 The European Commission 2003 reported that “Under the seventh reform package an amendment has been made to Article 6 of the law on the Establishment, Duties and Trial Procedures of Juvenile Courts, raising from 15 to 18 the age below which young people must be tried in Juvenile Courts.” [71b] (p36)
Child Care Arrangements
6.339 The Netherlands Ministry of Foreign Affairs 2002 reported that “Children whose parents for whatever reason are unable to exercise custody are usually looked after by the family.” However, if the relatives are unable to do this, the Netherlands report stated that:
“Turkish law (Law No. 2828 of 24 May 1983, on the Social Services and Child Protection Agency) provides for state care for unsupported minors. Only if care is not possible elsewhere may the case be referred to the Social Services and Child Protection Agency (Sosyal Hizmetler ve Çocuk Esirgeme Kurumu) coming under the Ministry of General Affairs. The Agency refers the minor's case to the court, which takes the ultimate decision on care.” [2a] (p152-153)
6.340 The report continued:
“Under Turkish law, depending on the length of their education unsupported minors can be taken into care at least up to the age of 18 and at most up to the age of 25. Children up to the age of 18 may register or be registered with the Social Services Directorate (Sosyal Hizmetler Müdürlüğü), to be found in every province. There are children's homes (Çocuk Yuvalari) for children up to the age of 12 and training institutions (Yetiştirme Yurtları) for children aged 12-18. There are currently an estimated 70 children's homes in Turkey with a total of roughly 7,000 children, and 91 training institutions with 5,000 young adults. In some cases young adults who do not have their own home on reaching the age of 18 may be allowed to stay longer.” [2a] (p153)
6.341 In addition the Netherlands report 2002 also stated that:
“The quality of care in homes varies from province to province. In some parts of the country there are fewer facilities for the placement of minors than in others. There are examples of provinces in which personal intervention by the governor has led to an acceptable or even good care system (in Kayseri, for instance), while in other provinces care can only be described as minimal. It is difficult to judge how far care in general is adequate by Turkish standards since levels of care vary so much. Turkish authorities responsible for care and assistance to unsupported minors often have to cope with a lack of funding.” [2a] (p153)
6.342 The report continued “According to law, care and assistance to unsupported minors are provided by the state, but various charitable organisations also provide care for minors. The Social Services Directorates are responsible for authorising the establishment of and monitoring such institutions. The Directorates regularly consult such organisations in order to streamline care. UNICEF and other international organisations are also active to some extent in the field of care for unsupported minors.” [2a] (p154)


Homosexuals
6.343 As outlined by the international Lesbian and Gay Association (ILGA) (website accessed 17 February 2005) homosexuality for both Gays and Lesbians is legal in Turkey and the age of consent is 18. The ‘Lambda Istanbul’ which is a ’liberation’ group for gay, lesbian, bisexual and transgender people in Turkey states that “There are no articles on homosexuality in the law but vague references to public morals and public order. The police has the legal right to take anyone who looks suspicious to the police station for interrogation.” [27a] (p1-2)
6.344 The website of Lambda Istanbul (accessed in February 2005) states that “Lambda, Istanbul is the largest queer [Homosexual] liberation group in Turkey. It was formed by a small number of gays and lesbians as a result of a police ban on Christopher Street Day celebrations in 1993. Since then, Lambda, Istanbul has grown in membership and aims to raise its voice on behalf of the gay communities in Istanbul.” [33] (p1)
6.345 On 14 October 2004 the website of the International Lesbian and Gay Association reported (quoting Agence France-Presse) that:
“The homosexual movement in Turkey is still in its fledgling stages, but gays and lesbians are increasingly becoming outspoken. They are expanding their networks, organizing conferences and film festivals and taking part in May Day marches. KAOS GL's Umut Guner believes Turkey's drive to improve human rights in line with EU standards is also forcing officials, albeit slowly, to overcome prejudices against homosexuals. Some time ago, he says proudly, government agencies invited KAOS GL alongside other civic groups to work in commissions on health care and AIDS prevention. In a milestone move earlier this year, gay and lesbian activists were for the first time received in the Turkish parliament to convey their appeals for legal protection… For Kursad Kahramanoglu, the Turkish co-head of the International Lesbian and Gay Association (ILGA), Turkey is far ahead of other Muslim nations when it comes to tolerance for homosexuals. Most Muslim countries punish homosexuality, some with death, whereas in Turkey, homosexuals today figure among the country's top singers, television personalities and fashion designers. Still, prejudice is strong in daily life. Activists say most of them risk their jobs if they disclose their sexual identity and there are no laws to protect their rights. The Turkish army, they complain, is the only NATO force to still consider homosexuality a psychological disorder, and the police are notoriously harsh with transsexuals and transvestites.” [27b]
6.346 In comments submitted to the Advisory Panel on Country Information in September 2004 UNHCR stated that:
“Gay and lesbian groups report incidents of civilian violence against gays and transgender persons, including murders, especially in Istanbul. It is quite possible that such incidents are under-reported. There may also be some prevalence of gay and transgender suicide throughout Turkey, but mostly in conservative areas. It is a widely known fact that the homosexuals receive unfair treatment from the Police. Their complaints against the police are not properly evaluated” [18a] (p8)
6.347 According to the Netherlands Ministry of Foreign Affairs 2002 “There is a certain ambivalence towards homosexuality in Turkey. ‘Active’ sexual partners are not usually considered homosexual. In the eyes of many Turks, only ‘passive’ sexual partners are homosexual.” [2a] (p141)
6.348 The Netherlands report further states that “In general homosexuals need not fear official persecution by the Turkish authorities. There is no policy actively directed against homosexuals in Turkey. Nor is there any policy on the basis of which homosexuals have less access to public institutions, or fewer rights to practise a profession, than other Turks. In practice, however, people may lose their jobs if it becomes clear that they are homosexual.” [2a] (p141)
6.349 The report continues “Rural areas as well as relatively conservative areas such as Konya are not very tolerant of homosexuals. Individuals experiencing problems in such areas because of their sexuality appear to escape them to some extent by moving to places like Istanbul, Izmir or Ankara, where there is now a fairly well-developed homosexual scene.” [2a] (p141)
6.350 The report continues “There are some homosexual rights organisations. The most important are Lambda, founded in 1993, in Istanbul, and Kaos GL in Ankara. They organise weekly activities, and national demonstrations take place several times a year. Since 1994 Kaos GL has published an eponymous bi-monthly magazine which is available in alternative bookshops in many cities. Interest groups are tolerated but claim that local authorities have been obstructive in the past.” [2a] (p142)
6.351 See also Section 5 on Military service
Transvestites
6.352 The Netherlands Ministry of Foreign Affairs 2002 reported that “Turkish law does not prohibit transvestism. Nor does government policy discriminate against transvestites in any way.”
6.353 The Netherlands report 2002 continues:
“As in the case of homosexuals, attitudes to transvestites in Turkey are also ambivalent. Some nationally known transvestites from the world of show business are highly regarded in Turkey… The transvestite singer Zeki Müren, who died in 1996, was given a state funeral for his services as a singer. Less famous transvestites face more difficulties. Often those who are open about their transvestism cannot find work. A large proportion of transvestites in Turkey support themselves through prostitution. From time to time, transvestite prostitutes are attacked by customers, passers-by, or local police officers. There are at least two known cases of transvestites who have reported police misconduct and where the police officers have actually appeared in court. One of them is the Police Chief with the nickname ‘Hose Süleyman’, who is alleged to have beaten transvestites with a length of hose.” [2a] (p142)
6.354 Amnesty International’s annual report on Turkey published in May 2004 stated that:
“On 18 February [2003] the trial of Süleyman Ulusoy (known as ‘the Hose’), a police superintendent, was suspended under the terms of the December 2000 ‘amnesty law’ (Law No. 4616 on Conditional Suspension of Trials and Sentences for Offences Committed up until April 1999). A videotape showing him beating transvestites with a hosepipe in the Beyoğlu police headquarters in Istanbul had been broadcast on television in 2000. He remained on duty in Istanbul.” [12i] (p2)
Transsexuals
6.355 According to the Netherlands Ministry of Foreign Affairs 2002:
“Transsexual operations are legally permitted and may be performed in Turkey subject to a number of conditions. The new Civil Code, which entered into force on 1 January 2002, imposes stricter conditions than in the past. Candidates must submit a medical certificate stating that the sex change is necessary for the mental health of the person concerned. Persons who have undergone a sex change can record this fact in the civil register and are allowed to marry afterwards. The ambivalent social attitude towards transvestites also applies to transsexuals. The famous singer, Bülent Ersoy, who had a sex change in 1980 and married as a woman in 1999, is idolised, but less well-known transsexuals face the same difficulties as transvestites. Their position in Turkish society is also generally comparable to that of transvestites.” [2a] (143)

6c. Human Rights: Other Issues
Members of Illegal Organisations
6.356 As highlighted in the USSD 2004:
“The HRA [Human Rights Association] estimated that there were approximately 6,000 to 7,000 political prisoners, including leftists, rightists and Islamists. Of these, approximately 1,500 were alleged members of Hizballah or other radical Islamist political organizations. The Government claimed that alleged political prisoners were in fact charged with being members of, or assisting, terrorist organizations. According to the Government, there were 4,508 convicts and detainees held on terrorism charges at year's [2004] end.” [5c] (Section 1e)
6.357 The USSD 2004 also reported that:
“In July [2004], the High Court of Appeals overturned the April [2004] conviction of Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak, former members of Parliament from the Democracy Party. An Ankara SSC had convicted the four defendants in their retrial on charges of being members of, or supporting, the PKK. The Court of Appeals ruled that the SSC had failed to conform to recent legal reforms in its conduct of the retrial. The Court of Appeals' reasons for overturning the verdict included the SSC's rejection without explanation of a defense request for the replacement of the chief judge, the use of statements and testimony by the prosecution that were not read in court, the SSC's refusal to permit some defense witnesses to testify, and the failure to have audio and video recordings used as evidence transcribed by impartial parties. In June, the Court of Appeals ordered the release of the defendants. As a result of the Court of Appeals ruling, a heavy penal court in October [2004] began a new trial for the defendants.” [5c] (Section 3)
6.358 The Netherlands Ministry of Foreign Affairs Official General report on Turkey published January 2002 reported that “There has been no change in the Turkish authorities' attitude towards the PKK [Kongra-Gel] since it withdrew its fighters outside Turkey's borders. Like members of militant left-wing or Islamist organisations, PKK members still face criminal prosecution by the authorities.” [2a] (p129)
6.359 The Netherlands report 2002 continues stating that
“Whoever can be shown to be a member of the PKK, a radical left-wing group such as DHKP/C or TKP/ML or a militant Islamist group such as Hezbollah will be prosecuted under Article 168 of the Criminal Code in conjunction with Article 5 of the Anti-Terror Law. Under Article 168 the penalty is imprisonment for a minimum of ten years and, in the event of aggravating circumstances, a maximum of fifteen years. The penalty is increased by half under Article 5 of the Anti-Terror Law. The above Articles impose heavier penalties on leaders of such organisations. They will also be prosecuted under Articles 125 or 146 for attempted armed subversion of the established constitutional order, which is punishable the death penalty.” [2a] (p130) (Note: The use of the death penalty was abolished in all circumstances in Janury 2004. (See Section 5 on Death Penalty).
6.360 The Netherlands report 2002 further states that “Individuals who have criminal proceedings pending against them and are wanted by the authorities are recorded in the central Judicial Records System, so that the authorities are informed nation-wide when a person is wanted.” [2a] (p130)