Hate Crime

Ministry of Justice

20
Jul

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

Hundreds of lawyers who were dismissed from their duties by decree laws (KHK) cannot practice their profession even though they were cleared in the investigations launched against them.

              –     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, hundreds of lawyers who were dismissed from their duties by Decree Laws are not allowed to practice their profession by the Ministry of Justice, even though they were cleared in the investigations opened against them. The reason behind the Ministry of Justice not allowing lawyers to do their profession is the lawyers’ political thoughts. As a matter of fact, in the incident, lawyers were dismissed from their 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 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, hundreds of lawyers who were dismissed from their duties by Decree Laws are not allowed to practice their profession by the Ministry of Justice, even though they were cleared in the investigations opened against them. 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 lawyers’ 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/