Halkbank Central Operations Department

INFORMATION OF INCIDENT

– Date : 13 February, 2020

– Location : Samsun/ TÜRKİYE

– Perpetrator : Halkbank Central Operations Department

– Victim : N.A.

– Source : https://www.dw.com/tr/bankadan-khk-yanıtı-kartı-ihraç-nedeniyle-kapatıldı/a-53363760

ANALYSIS OF HATE CRIME

– FACTS

The credit card of N.A., who was dismissed with a decree law, was blocked by Halkbank.

– 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 credit card of N.A., who was expelled by decree-law, was blocked by the bank. The aforementioned transaction was implemented on the grounds that the card holder was expelled by a decree law. The motive behind the bank’s action to block the credit card was the applicant’s political opinion. Indeed, N.A. was dismissed from civil service with a decree-law that was adopted to dismiss the 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 bank authorities.

– 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, N.A.’s credit card was blocked by the bank on the grounds that N.A was dismissed by a decree-law. According to the definition of hate crime by ODIHR, there is a crime of discrimination motivated by hatred of N.A.’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.

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.

https://hatecrime.osce.org/