Hate Crime

Adana Chamber of Commerce Social Services and Education Foundation (ATOSEV)

10
Nov

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

ATOSEV, the Social Services and Education Foundation affiliated to Adana Chamber of Commerce, has added the condition of “not belonging to the Gülen movement” to the conditions for 2019-2020 student scholarship applications.

–     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 condition of “not belonging to the Gülen movement” has been added to the conditions for 2019-2020 student scholarship applications. The motif beyond the application requirements is the victims’ political ideology.

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 condition of “not belonging to the Gülen movement” has been added to the conditions for 2019-2020 student scholarship applications. 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.

[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 economic 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/