The İstanbul Chief Public Prosecutor’s Office has launched an investigation into a group of women and LGBTI+s who protested against a judicial reform package targeting LGBTI+ rights on Oct 26 on charge of "publicly denigrating the Turkish nation and the state" as per article 301 of the Turkish Penal Code.
The attorney of the activists, Gülyeter Aktepe, told bianet that the slogans “Get your hands off my body, state” and “Femicides are political,” chanted by activists while unfurling a banner reading “No to the 11th Judicial Package” on a ferry in Beşiktaş, led to the charges.
Earlier drafts of the reform package, which is expected to be submitted to parliament soon, reportedly included provisions that would potentially criminalize LGBTI+ activism and journalism, as well as imposing further restriction on gender reassignment treatments.
Proposed judicial package introduces criminal penalties targeting LGBTI+ community
‘Aimed at intimidating women and LGBTI+s’
Aktepe said that authorities had recorded footage of the protest and used turnstile data to identify ferry passengers. Despite the absence of any criminal elements, she said, seven people were identified and are now under investigation under Article 301.
She added that the investigation, following the last-minute ban on a planned protest in the Kadıköy district and the detention of two women there, is part of an effort to suppress dissent. “This inquiry targets those who oppose the legal changes imposed by omnibus bills, those who criticize judicial reforms that incite hatred, and those who take to the streets because their hard-won rights are being eroded,” she said.
Article 301
Article 301 of the Turkish Penal Code penalizes public denigration of the Turkish nation, the state, the parliament, the government, or the judiciary. The law, which has drawn criticism both domestically and internationally over its impact on freedom of expression, allows for criminal charges against individuals for statements made through speech, writing, or visuals. It carries a sentence of six months to two years in prison.
Prosecutors must obtain permission from the Justice Ministry before initiating an investigation under this article.
‘What exactly is insulting in these slogans?’
The December Feminist Collective (Aralık Feminist Kolektif) also issued a statement on the matter, explaining their reasons for protesting the 11th Judicial Reform Package, which they say targets women and LGBTI+s.
“We took to the streets on Oct 26 to protest a judicial reform that targets women through a patriarchal sense of morality, makes the transition process nearly impossible for trans people, criminalizes LGBTI+ existence, and pushes to try children as adults,” the statement said. “On that day, women and LGBTI+s protested in nearly 20 provinces. In İstanbul, our right to hold a press statement was blocked by an arbitrary last-minute ban. Two of our friends were unlawfully detained. Later, we learned they had been subjected to strip searches.”
The group said they boarded the Kadıköy-Beşiktaş ferry that night to continue their protest outside the banned area, displaying a banner that read “No to the 11th Judicial Package.” They criticized the prosecutor’s decision to initiate a probe over slogans like “Femicide is political” and “Get your hands off my body, state,” under Article 301.
“We ask: What exactly is insulting in these slogans? Why is the judiciary, which should be used to stop femicides, being used to silence those who speak out against them? How is opposing the state's interference in our bodies, lives, and identities under the guise of ‘public morality’ considered an insult? Instead of pursuing baseless and inconsistent investigations like this one, direct your energy toward investigating those who kill women, abuse children, and operate unregulated workshops that endanger our lives. The struggle of women and LGBTI+s cannot be silenced!” (TY/VK)
