Hate Crime

Administration of Atatürk University

06
Nov

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

Assoc.Prof.Dr.Şadi Aydın was doing archival and scientific researches at Konya Mevlana University which was closed by a decree law after July 15,2016, sent his article to be published to A Journal of Iranology Studies (Doğu Esintileri), an academic journal of Ataturk University. The article was sent to the impartial referees’ board by the editor for evaluation and it has been accepted by editor to be published as a positive result of the bord’s evaluation after a while. Finally, the article was published as the first article in the September 2022, 17th issue of the journal. However, the article was later removed from the journal on the grounds that Assoc. Prof. Dr. Şadi Aydın was dismissed from his post with a decree law.

–     EVALUATION OF THE CASE UNDER THE TURKISH PENAL CODE

According to article 122[1] of Turkish Penal Code, anyone who prevents a person from benefiting from a certain service provided to the public due to hatred arising from differences in language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion or sect shall be sentenced to imprisonment from one year to three years.

In the case, the article of Assoc.Prof.Dr. Şadi Aydın who was dismissed by OHAL-KHK in Journal of Iranology Studies (Doğu Esintileri) was removed from the university administration. The article was removed on the ground that he had been dismissed by KHK. The motif beyond the remove is the applicant’s political ideology. As a matter of fact, Assoc.Prof.Dr. Şadi Aydın was dismissed by KHK which had been adopted to discharge the members of Gulen movement or allegedly members of movement from public service.

In conclusion, in the case, there is a hate and discrimination crime committed by public authority officials.

  • EVALUATION OF THE CASE UNDER INTERNATIONAL LAW

According to the Office for Human Rights and Democratic Institutions (ODIHR)[2] of the Organization for Security and Cooperation in Europe (OSCE), a hate crime is a criminal act motivated by bias against a group. Hate crimes comprise two elements: a criminal offence and a bias motivation.

In the case, the article was removed on the ground that the victim had been dismissed by state of emergency decree. According to the definition of hate crime by ODIHR, there is a crime of discrimination motivated by hatred of victim’s affiliation with the Gülen movement.

  • CONTEXTUAL INFORMATION

What is a Decree Law (KHK)?

On July 20, 2016, a State of Emergency (OHAL) was declared across Turkey. Under the State of Emergency, the government was authorized to issue emergency decrees.

The Justice and Development Party (AKP), led by President Erdoğan, accused the Gülen movement of instigating the alleged failed coup on July 15, 2016, and all these ordinary and extraordinary decrees were part of a broader hate campaign against the Gülen movement.

After July 2016, the government fired more than a hundred thousand people associated with the Gülen movement. Thousands of educational institutions were closed, more than a hundred media outlets were shut down and journalists arrested. More than a hundred people have died under torture. Dozens of people were kidnapped at home and abroad.

[1] ARTICLE 122-(1) Any person who makes discrimination between individuals because of their racial, lingual,

religious, sexual, political, philosophical belief or opinion, or for being supporters of different sects and therefore;

a) Prevents sale, transfer of movable or immovable property, or performance of a service, or benefiting from a

service, or bounds employment or unemployment of a person to above listed reasons,

b) Refuses to deliver nutriments or to render a public service,

c) Prevents a person to perform an ordinary economical activity,

d) Prevents a person being employed

is sentenced to imprisonment from six months to one year or imposed punitive fine.

[2] https://hatecrime.osce.org/