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INFORMATION OF INCIDENT
– Date : January 9, 2020 (Date of notification)
– Location : Ankara/ TÜRKİYE
– Perpetrator : Notaries Union of Türkiye
– Victim : N.E.
ANALYSIS OF HATE CRIME
– FACTS
N.E., who was tried and convicted for allegedly being a member of the Gülen movement, wanted to sell her/his car after s/he was released from prison. N.E., who went to the notary for sales transactions, could not sell her/his car on the grounds that s/he was on the ‘inconvenient’ list, although the injunction on her/his assets was lifted.
– EVALUATION OF THE CASE UNDER THE TURKISH PENAL CODE
According to article 122 of Turkish Penal Code, anyone who prevents a person from undertaking an ordinary economic activity 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, N.E. wanted to sell her/his car. THowever, her/his economic activity was prevented. The aforementioned notary action was not carried out on the grounds that the victim was an individual who was tried for the alleged membership of the Gulen movement during the state of emergency. The motive behind the Turkish Notaries Union’s refusal to carry out the notary process of N.E. is the political opinion of the victim.. As a matter of fact, N.E. is a member of the Gülen movement or was tried during the State of Emergency for allegedly being a member of the movement.
In conclusion, in this 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 present case, N.E., who wanted to take action at the notary public, was not processed due to the fact that s/he was tried for being a member of the Gulen movement during the State of Emergency. According to the definition of hate crime by ODIHR, there is a crime of discrimination motivated by hatred of K.G.’’s affiliation with the Gülen movement.
– CONTEXTUAL INFORMATION
What is the State of Emergency (OHAL)?
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.
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.
Article 122 – (Amended on 2 March 2014 – By Article 15 of the Law no. 6529)
(1) Any person who
(a) Prevents the sale, transfer or rental of a movable or immovable property offered to the public,
(b) Prevents a person from enjoying services offered to the public,
(c) Prevents a person from being recruited for a job,
(d) Prevents a person from undertaking an ordinary economic activity
on the ground of hatred based on differences of language, race, nationality, colour, gender, disability, political view, philosophical belief, religion or sect shall be sentenced to a penalty of imprisonment for a term of one year to three years.
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