Hakan Yıldırım, a founding member and legal advisor to KAOS GL, and one of the lawyers of its Ankara office, told Bianet "the Governorate's text did not give a specific reason. We are singled out for discrimination as personal examples; now we are facing discrimination as an organization."
At the time of this article's publication, Deputy Governor Ekremoğlu was not available for comment.
Ali Erol from KAOS GL, in a meeting with Bianet, said mockingly, "Which of us is against law and morality? Is it the gays? The lesbians? Kaos?"
Of the lawyers who shared their views on this subject with Bianet, Ergin Cinmen said, "we could only come up against [this situation] in third-rate states," and Şenal Sarıhan said, "What a shame that civil service officials have the right of discretion in this matter. This is a shortcoming in the law."
Governorate: Contradictory to Article 56 of the Civil Law
KAOS GL informed the Ankara Governorate of the association's founding by with a registration on 15 July. The society recieved a letter, on Governorate Provincial Societies Directorate letterhead and with Ekremoğlu's signature, that bore the below statement:
"In the evaluation performed on the record of Kaos Gay and Lesbian Cultural Research and Solidarity Society;
Article 56 of the Turkish Civil Law (number 4721) states that "it is forbidden to found a society contrary to law and morality." It has been established that the previously named society, in its name and its statement of purpose, is contrary to the above law.
For infringement of the above law, I request that suit be filed in the Criminal Court of First Instance for authorization for the dissolution of this society, and that the information given to our Governorate be presented to the Ministry of Internal Affairs."
Yıldırım: It isn't clear what is contrary to morality
Yıldırım says, "The Governorate is not clarifying what, exactly, is contrary to morality. They might have just focused on the words 'gay' and 'lesbian.' As a result, without the prosecutor issuing a summons, we can only speculate about how the authorities are approaching this subject."
But Yıldırım said that this demand infringes on the rights and freedoms defined in international agreements. "It contradicts the right to freedom of association found in Article 11 of the European Convention on Human Rights. At the same time, it is discrimination, because it is trying to stop an identity-based organization.
"Because our existence is not an issue of morality, it cannot be against the law. In any case, the statements in this statute are extremely formal. There are no expressions that contradict the things we are defining as morality, according to the general values of society.
"An organization that was founded for the expression of our own sector, which has remained a minority, and that aims to work in this sphere, cannot be counted as contrary to law and morality. A contradiction related to the expression of identity brings out the opposite of this.
"According to the law, homosexuality is not a crime. I await the summons with curiosity."
"The suit will bring to light many things from the perspective of freedom of association."
Yıldırım says, "Let me make one thing clear:"
"Kaos GL was previously based around a magazine. With this society, it has become institutionalized. KAOS GL is Turkey's first homosexual magazine. Because the organization is a first, this suit is also a first. There has never been a similar lawsuit in Turkey."
Yıldırım said the suit will bring to light many issues about freedom of association in Turkey, and that it was probable that the subject will be referred to the EU and the European Court of Human Rights.
Cinmen: This situation is only possible in third-rate states
Cinmen first of all pointed out that founding a society does not depend on having permission. "You found a society, you announce it. The Ministry only acquires the information."
"The Governorate's actions follow procedure. But the governorate's view of homosexuality, that is, something pertaining wholly to people's private sphere, as contrary to morality, shows how it looks at humanity and the world, and that this view is outside the context of the law."
"This matter shows that civil service officials remain surprisingly behind the times. This is not acceptable; it is only possible in a third-rate state."
Sarıhan: In Turkish law, Discrimination is a Crime
Sarıhan said that expressions cannot be found "contrary to morality and custom" in the laws relating to societies and added,
"What a shame that civil service officials have the right of discretion in this matter. This is actually a shortcoming in the law. There is a legal priciple that says 'the excerise of judicial discretion must be used for the public benefit.' But judicial discretion, whether or not used appropriately, checks administrative decision-making.
Sarıhan also drew attention to the fact that discrimination is a crime in the Turkish legal system, "despite being rather insufficiently defined." (TK/EA)
KAOS GL's English website can be found at http://www.kaosgl.com/english/brochure.php
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The website explains:
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. (TK/YE)
