Hate Crime

BANKS

07
May

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

When it was understood that kindergarten teacher N.A. had been dismissed by decree law, the bank placed a transaction restriction on her credit card and closed it for use.

              –     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, after it was understood that kindergarten teacher N.A. had been dismissed with a statutory decree, the bank placed a transaction restriction on her credit card and closed it for use. The reason behind the bank’s transaction restriction and closure of the victim’s credit card is the lawyers’ opinion of the victim. As a matter of fact, in the incident, N.A. was dismissed from his profession by a decree issued for the dismissal of people who were members of the Gülen movement or alleged to be members of the movement, from public office.

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

  • 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, after it was understood that kindergarten teacher N.A. had been dismissed with a statutory decree, the bank placed a transaction restriction on her credit card and closed it for use. According to the definition of hate crime made by the Office of Human Rights and Democratic Institutions, the incident is a crime of discrimination committed with the motivation of hatred due to the victim’s affiliation with the Gülen movement.

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  • 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,

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

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