European Parliament’s Cashman “Worried about Lambdaistanbul Court Case”

Michael Cashman, chair of the European Parliament’s Gay and Lesbian Rights Working Group has expressed the concern of the group for the future of the Lesbian, Gay, Bisexual, Transvestite and Transsexual (LGBTT) rights group Lambdaistanbul.

The Lamdaistanbul association is facing a closure trial on 30 April, and Cashman hopes “that the local court will come to a decision that allows for the freedom of association of LGBTT individuals.”

He added, “If Turkey joins the European Union, it must treat all people equally and respect the rights of all its citizens.”

In his written statement, Cashman expressed his approval of the fact that an earlier closure decree had been overturned by the Supreme Court of Appeals. At the same time, however, he condemned the terms in which the latter court’s decision was couched.

Supreme Court's caveat

On 25 November 2008, the 7th Judicial Office of the Supreme Court of Appeals overturned the ruling of Istanbul’s 3rd Civil Court of First Instance, which had decided to close down the Lambdaistanbul Association for a “violation of general morals”. In a six-page decree the court ruled that “sexual identity and orientation are facts that people do not choose of free will, but that stem from birth or upbringing and a person has no control over.”

However, the supreme court also said:

“Should the association go against its own regulations in future by carrying out activities to encourage lesbian, gay, bisexual, transvestite and transsexual orientations and to make them more common, Articles 30 and 31 of the Association Law would apply and an application for the dissolution of the association could be made.”

According to Cashman, this caveat limits the freedoms of thought and association of the LGBTT organisation. “It violates the understanding of basic rights in Europe and it seriously obstructs the dissemination of and access to information of LGBTT individuals.”

The MEP has said that his working group will closely monitor the case and that it believes the courts will come to a decision that respects freedoms.

History of the association

Lambdaistanbul has been active since 1993 and became an association on 18 May 2006. The Istanbul Governor’s Office had called for the closure of the association, arguing that the association regulations were legal and moral violations. When the prosecution rejected the demand for a closure trial in the name of freedom of organisation, the Governor’s Office appealed.

On 29 May 2008, the Beyoğlu Court ignored an expert’s report and dissolved the association on the grounds that it was inconsistent with general morals and Turkish family values.

Following the closure decision, Lambdaistanbul appealed to the Supreme Court of Appeals. Because the association objects to the caveat in this court’s decision, it has asked for a retrial at the Istanbul 3rd Civil Court of First Instance. (BÇ/AG)