Hate Crime

Ministry of Labor and Social Security

02
Aug

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

With a circular dated August 2, 2016, the Ministry of Labor and Social Security added the code number ’36’ to the codes used by the Social Security Institution for dismissals. New employers who see these codes understand that the job seeker was dismissed by the Decree Law and prefer not to hire the applicant.

              –     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, with a circular dated August 2, 2016, the Ministry of Labor and Social Security added the code number ’36’ to the codes used by the Social Security Institution for dismissals. New employers who see these codes understand that the job seeker was dismissed by the Decree Law and prefer not to hire the applicant. The motive behind the Ministry’s addition of the relevant code to the social security registry is the political opinion of the victims. As a matter of fact, the perpetrator in the case added the relevant code to the social security registries of persons in accordance with a decree law issued for the dismissal from public office of persons affiliated with the Gülen movement or allegedly affiliated with the movement.

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

  • 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, with a circular dated August 2, 2016, the Ministry of Labor and Social Security added the code number ’36’ to the codes used by the Social Security Institution for dismissals. New employers who see these codes understand that the job seeker was dismissed by the Decree Law and prefer not to hire the applicant. 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/