Closure Trial of Gay Rights Group Postponed
The Istanbul Governor's Office had filed a complaint against the gay rights organisation LambdaIstanbul and has demanded its closure on the grounds that its regulations are "in violation of law and morals".
The case, which was heard yesterday (18 October), has been postponed to 31 January 2008.
Söyle: Closure unacceptable in Turkish law and international conventions
Firat Söyle, the organisation's lawyer, told bianet that after LambdaIstanbul had presented the court with an expert's report, the court had asked the prosecution to do the same. He expects the trial to end after the next hearing and hopes for a favourable outcome for the gay rights group.
Söyle said, "The association is the expression of an organisation, an institution which has been formed in order to make people's voices heard. The governor's 'moral' justification can be interpreted very widely, and it is unacceptable in Turkish law and international conventions that a legally formed association could be closed for that reason."
Support for case
Around forty people, including representatives of human rights organisations, had gathered in front of the 5th civil court of first instance to support the association. The New York based Human Rights Watch has also expressed its support for LambdaIstanbul and has evaluated the governor's attempt at closure as "violating the freedom of expression and discriminating against homosexuals."
The governor office's first application to the Beyoglu Public Prosecution had been refused on 13 Mart, after which the office applied to a higher court. The first hearing was on 19 July. The trial had been postponed because some documents were missing.
Complaint is being justified with Civil Code and Constitution
The argument of the Istanbul Governor's Office's Province Association Directorate is that the association regulations violate the Turkish Civil Code and Article 41 of the constitution.
Article 56 of the Civil Code says that "associations in violation of law and morals cannot be founded", while Article 41 of the constitution reads:
"The family is the foundation of the Turkish society and based on the equality between spouses. The state shall take the necessary measures and establish the necessary organisation to ensure the peace and welfare of the family, especially where the protection of the mother and children is involved, and recognize the need for education in the practical application of family planning."
In addition, association law permits the closure of associations if, together with other reasons, they "violate general morals".
The governor's office has also complained that the association's name, "Lambda", is illegal because it is not Turkish.
Gay rights activism in Turkey faces resistance
LambdaIstanbul was founded in 1993 in order to defend the rights of lesbian, gay, transvestite and transgender people in Turkey. Since its foundation it has been working against discrimation based on gender or on sexual orientation.
It applied for registry in the Ministry of Interior affairs as an association in 2006, but its application has been frozen, awaiting the outcome of the trial.
Another gay rights group in Ankara, Kaos GL, has been faced with similar challenges. In 2005, the Ankara governor Selahattin Ekremoglu tried to close it, but the prosecution rejected the demand. Another demand by the governor in 2006 to close the "Pink Lives" assocation was also refused.
In Bursa, the governor's office attempted to close the "Rainbow Association" in 2006. (EÜ/AG)
