Ministry of Family, Labor and Social Services

INFORMATION OF INCIDENT

–        Date : 19 April 2019 (News publication date)

–        Location : Ankara/ TÜRKİYE

–        Perpetrator : Ministry of Family, Labor and Social Services

–        Victim : A male and female couple who were dismissed from their profession with the Decree (This foster family will be referred to as “X” in the report)

–        Source :  https://www.ciddigazete.com/khklilara-bu-da-yasak

ANALYSIS OF HATE CRIME

–        FACTS

During the state of emergency, the X couple, who were expelled by decree, adopted a child. However, the child they adopted was taken away from them on the grounds that they were expelled by decree. With the circular sent by Fatma Betül Sayan Kaya, Minister of Family and Social Policies of the period, on 23 August, all units were instructed to take all kinds of measures in the efforts to combat the ‘FETO/PDY organization’. In line with this circular, the child they adopted was taken from couple X on the grounds that they were expelled by statutory decree.

            –     EVALUATION OF THE CASE UNDER THE TURKISH PENAL CODE

According to article 122 of Turkish Penal Code, anyone who prevents a personfrom enjoying services offered 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 X family became the foster family of a child by fulfilling all the conditions requested from them. However, their adopted children were taken from them on the grounds that they were expelled by the Decree Law. The motive behind the Ministry of Family, Labor and Social Services to take the adopted child back is the political thought of the foster family. As a matter of fact, foster family was dismissed from his civil service with a decree 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 present case, these rights of the X family, which is the foster family, were taken away on the grounds that the couple were expelled by a statutory decree. According to the definition of hate crime by ODIHR, there is a crime of discrimination motivated by hatred of foster family X’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/