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Living in Şişli, İstanbul, trans woman Ajda Ender has been struggling against hate speech and transphobic attacks since 2005. For the last seven months, she has been unable to enter her house due to a restraining order issued against her following the hate of speech of her neighbors.
Ajda appealed to justice with her attorney Eren Keskin for many times before. Her requests have been finally accepted. A lawsuit has been filed against her neighbors on charges of "wrongful act," "threat" and "gender-based discrimination." Attorney Keskin has also filed a suit for pecuniary and non-pecuniary damages against the neighbors, requesting 20 thousand lira.
'My right to life was taken away'
Speaking to bianet about the newly initiated judicial process, Ajda says that it is an important development and continues as follows:
"This trial is very important for me. Because my right to life was taken away from me and my reputation was impaired. I was disregarded while I was alive, all of my rights were usurped. The prosecutor's office has extended the scope of the investigation and filed this lawsuit.
"I hope that my neighbors who want to destroy my reputation before the society and disregard my material and immaterial rights will be penalized. I have been struggling since 2005. While I was thinking that I could not stand all of these any longer, I got the news of this lawsuit.
'I will sell my designs in the bazaar'
"As you know, I also cannot enter my home, I was staying in my friends' place. My business was really negatively affected by all this. I am a tailor, a designer. I could not do my job.
"Şişli Municipality supported me. They have given me a place in the Şişli bazaar. From now on, I will sell my design clothes in bazaars. I am really very happy. I extend my thanks to the journalists who helped my voice to be heard, the court that filed the lawsuit and my attorney Eren Keskin."
'Her losses need to be compensated'
Attorney Eren Keskin has also submitted a petition to the court, requesting a suit for pecuniary and non-pecuniary damages.
Sharing information about the transgender identity of Ajda Ender in her petition as well as her professional and social background, the petition of the attorney has indicated that "Ender is subjected to discrimination, insults and even physical attack by the defendants living in the apartment where the house owned by Ajda's mother is located."
Reminding the authorities that she and Ajda Ender previously filed a criminal complaint about these incidents at the İstanbul Public Prosecutor's Office, attorney Keskin has indicated that "the neighbors prevent Ender from entering the house with restraining orders issued by the courts."
"My client cannot go to her house and stays with a friend by sharing the rent for months due to the physical and verbal attacks and the successive protection orders," Keskin has noted, adding that "the discriminative and transphobic violence that she is subjected to causes a great anguish in her and violates her non-pecuniary rights."
Referring to the fact that the situation in question also prevents Ender from doing her job, attorney Eren Keskin has requested 10 thousand Turkish Lira (TRY) in pecuniary and 10 thousand TRY in non-pecuniary damages.
Keskin has underlined that discrimination is prohibited in Turkey both by the Article 122 of the Turkish Penal Code (TCK) and the Article 14 of the European Convention on Human Rights (ECHR), which Turkey is a party to.
Considering these attitudes which mean violation of her personal rights and the material losses incurred by her, attorney Keskin has also noted that the Article 24 of the Civil Code and the Article 49 of the Code of Obligations stipulate a material compensation. (EMK/SD)
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