Far From Safe: Yet Another LGBT Group Targeted

PHOTO from Hürriyet Daily News

The Izmir Governor's office is seeking closure of LGBT group SiyahPembe Ucgen (BlackPink Triangle) for threatening "Turkish moral values and family structure." From Hürriyet:

The case against the Black Pink Triangle Association is not the first case opened against an LGBT organization in Turkey in recent years. The Interior Ministry has repeatedly attempted the closure of such organizations on similar claims. In 2005, KAOS-GL and in 2006, Pembe Hayat (Pink Life) faced closure cases. In 2009, Lambda Istanbul won its closure case after a lengthy legal battle.

. . . .

Black Pink Triangle is the first İzmir-based LGBT organization and was established in February 2009. Following the founding of the organization, the governor’s office complained that one of the articles in the Black Pink Triangle’s constitution was violating the Turkish civil code, in particular, paragraphs protecting Turkish moral values and family structure. The office also demanded the organization amend the questioned article and submit full documentation of the change within 30 days. Black Pink Triangle claims it met the deadline, however, did not alter the constitution, regarding such demand to be a violation of the members’ freedom of association. Following that incident, the İzmir Governor’s Office brought the complaint to the prosecutor’s office in May.

The Istanbul LGBT organization Lambda faced a similar complaint from the Istanbul governor's office, winning their case at the Supreme Court of Appeals a little over a year ago following a long legal process. However, Lambdaistanbul is continuing their legal fight, claiming the reasoning of the decision still facilitates the closure of LGBT groups for "moral" reasons. From Amnesty International following the Supreme Court of Appeals' decision:

However, as we take a closer look on the fifth page of the reasoning, it is noted that the court of appeal indeed agrees to a great extend with the court of first instance with regards to its persuasions on "general morals". Without a doubt, the following sentence on the fifth page is an open threat to all LGBTT organizations in Turkey:

"Certainly, the execution of the above mentioned articles 30 and 31 and the dissolution of the defendant association could still be demanded, if it would act counter to its constitution, in the ways of encouraging or provoking gay, lesbian, bisexual, transsexual and transvestite behavior or acting with the aim of spreading such sexual orientations."

Sexual orientation or sexual identity cannot be changed through imposition. It is the fact both for LGBTT and for heterosexual people, admittedly the majority of the population.

For the last 20 years, it is not the number of gays, lesbians, bisexuals, transsexuals and transvestites increasing, rather it is their individual and organized visibility that has been pressured and silenced until today. It is thus, unfortunate, that the court of appeal considers the organized visibility and rights struggle of the ignored LGBTT's, who are subjected to pressure and othering because of their sexual identity and sexual orientation, as a risk to society.

And, here is a press release SiyahPembe Ucgen issued in January about their own case:

The closure case that has been taken against SiyahPembe Üçgen (BlackPink Triangle) Izmir begins with the first session on the 9th February...

The first trial of the closure case that has been taken to the 6th civil court of general jurisdiction of Izmir by chief public prosecutor's office after the recourse of Izmir's governorship with the claim that the 2nd article of its charter's being "against the general morality and the protection of family" is on 9 February, 2010.

The closure case against SiyahPembe Üçgen Association is an attempt to block LGBT (Lesbian, Gay, Bisexual and Transsexual) individuals' right of association, whereas, it, for the communities that faces discrimination, is an absolute must. The only possible way to resist to isolation and exclusion for lesbians, gays, bisexuals and transsexuals that are under pressure of the social structures because of their sexual orientations and identities is unity and solidarity. There is no other discovered way to struggle against hate crimes, homophobic and transphobic discourses and discriminatory practises in publicity. In a world where heterosexism is rammed down people's throat as a divine reality, closing down the LGBT associations who are the only ones that can criticise all is the sign of an authoritarian mindset.

How possibly should an association that was founded on the purpose of securing LGBT individuals' vital rights and while they try to exist economically, socially and culturally, preventing them being exposed to discrimination be closed?
The black pink badge that LGBTs were forced to wear in Nazi Genocide Camps shall no more be the symbol of destruction and discrimination but a fight for a life that is based on living together with all our differences.

As well as for heterosexuals, the constitutional rights and freedoms go for lesbians, gays, bisexuals and transsexuals!

Against all kinds of discrimination and inequality, we call for all right defenders who shout for equality and freedom to be with us and act with solidarity as long as this case continues...

SiyahPembe Üçgen cannot be closed down, must not be closed down!

As Jenny White writes, " as in Article 301 court cases accusing people of “insulting Turkishness,” the aim is often judicial harrassment, months of court appearances, legal costs, disruption of lives, and often threats in the street. You don’t need a conviction to do damage."

LAMBDA Wins at Supreme Court of Appeals

From Amnesty International:

The Turkish lesbian, gay, bisexual and transgender (LGBT) solidarity organization, Lambda Istanbul, has won its appeal against the closure of the association. The Supreme Court of Appeal’s decision was communicated to Lambda Istanbul’s lawyers on Tuesday.

A local court in Istanbul had ordered the closure of the association on 29 May 2008. The original ruling followed a complaint by the Istanbul Governor's Office that Lambda Istanbul's objectives were against Turkish "moral values and family structure".

The Supreme Court of Appeals rejected the local court's decision on the grounds that reference to LGBT people in the name and the statute of the association did not constitute opposition to Turkish moral values. The Court’s judgment also recognized the right of lesbian, gay, bisexual and transgender individuals to form associations.

The case will now go back to the local court in Istanbul, which is expected to uphold the Supreme Court of Appeals’ decision.

According to Öner Ceylan, a long-time leader in LAMBDA with whom I spoke yesterday, the association has gained in members and organization since its beginnings in 1993. LAMBDA became an official association in 2003, and just last year, drew a crowd of over 2,000 people to one of its parades on İstanbul's famous İstiklal Cadessi. İstanbul Mayor Muammer Güler attempted to close down LAMBDA last year by challenging the legality of its charter under Turkey's law on associations. Before that, İstanbul police harassed the organization. For more on LAMBDA and LGBT rights in Turkey, see May 24 post.


UPDATE 1/27 -- LAMBDA has issued a statement in response to the Supreme Court of Appeals' reasoning. Despite the Court's reversal of the court of first instance, the ruling contains elements that should be read by activists and observers inside and outside the country as enabling future discrimination. From the press release :

We consider the reasoned decision we received as a positive step towards the continuation of the legal personality of Lambdaistanbul, proving the vital role of our movement today. However, as we take a closer look on the fifth page of the reasoning, it is noted that the court of appeal indeed agrees to a great extend with the court of first instance with regards to its persuasions on "general morals". Without a doubt, the following sentence on the fifth page is an open threat to all LGBTT organizations in Turkey:

"Certainly, the execution of the above mentioned articles 30 and 31 and the dissolution of the defendant association could still be demanded, if it would act counter to its constitution, in the ways of encouraging or provoking gay, lesbian, bisexual, transsexual and transvestite behavior or acting with the aim of spreading such sexual orientations."

Sexual orientation or sexual identity cannot be changed through imposition. It is the fact both for LGBTT and for heterosexual people, admittedly the majority of the population.

For the last 20 years, it is not the number of gays, lesbians, bisexuals, transsexuals and transvestites increasing, rather it is their individual and organized visibility that has been pressured and silenced until today. It is thus, unfortunate, that the court of appeal considers the organized visibility and rights struggle of the ignored LGBTT's, who are subjected to pressure and othering because of their sexual identity and sexual orientation, as a risk to society.

LAMBA has joined other LGBT groups in calling for an amendment to Article 10 of the Constitution, which guarantees equal protection from discrimination "irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect." LAMBDA argues that a similar protection guarantee from discrimination premised on sexual orientation and gender identity should be included in this litany. According to the group, its addition will curtail the homophobic interpretations of morals clauses used frequently to restrict the activities of LBGT individuals and groups.