Ankara Bar Association

INFORMATION OF INCIDENT

–        Date : 12 December, 2018

–        Location : Ankara/ TÜRKİYE

–        Perpetrator : Ankara Bar Association

–        Victim : L.M

–        Source :  https://www.bbc.com/turkce/haberler-turkiye-47884078

ANALYSIS OF HATE CRIME

–        FACTS

L.M., who was dismissed from the Ministry of National Defense by a state of emergency decree, had her request to the Ministry of Justice to register with the bar association rejected by the ministry.

            –     EVALUATION OF THE CASE UNDER THE TURKISH PENAL CODE

According to article 122 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 present case, the victim, who graduated from the law faculty, had completed the internship requirement, but his request to be registered in the bar association as a lawyer was rejected. The application in question was rejected on the grounds that the applicant was dismissed by a decree-law. The motive behind the Ankara Bar Association’s refusal was the applicant’s political opinion. As a matter of fact, L.M was dismissed from his civil service with a decree-law that was issued for the expulsion of people who are members of the Gülen movement or who are alleged to be members of the movement. 

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) 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 incident, despite having fulfilled the conditions, L.M’s request to register with the Bar Association was rejected on the grounds that he had been dismissed by a state of emergency decree. According to the definition of hate crime by ODIHR, there is a crime of discrimination motivated by hatred of L.M.’’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.