Hate Crime

Niğde  Directorate Of Credit And Dormitories Agency

08
Mar

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

Former teacher M.Ç., whose house in Adana was damaged in the earthquake and who was dismissed by OHAL-KHK wanted to settle in the dormitory of Niğde Directorate Of Credit And Dormitories Agency.  Before leaving Adana to go to Niğde, he called the management of Niğde Credit And Dormitories Agency and after receiving the reply that there was a room for him and his family in the dormitory, they prepared and went to Niğde. After receiving directions from the dormitory staff and staying in contact with them throughout the day, M.Ç. and his family completed the registration process on the phone. After the registration, the police checked criminal records[1] (GBT in Turkish) of M. Ç. After a long wait, M.Ç. was not allowed into the dormitory on the grounds that he had been dismissed by the KHK.

  –     EVALUATION OF THE CASE UNDER THE TURKISH PENAL CODE

According to article 122[2] 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, the dormitory registration of M.Ç. who was dismissed by OHAL-KHK was cancelled. The mentioned registration was cancelled on the ground that he had been dismissed by KHK. The motif beyond the cancellation is the applicant’s political ideology. As a matter of fact, M.Ç. was dismissed by KHK which had been adopted to discharge the members of Gulen movement or allegedly members of movement from public service.

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)[3] 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In the case, M.Ç.’s dormitory registration was revoked on the grounds that he had been dismissed by a state of emergency decree. According to the definition of hate crime by ODIHR, there is a crime of discrimination motivated by hatred of victim’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.

The opportunity of settling in KYK dormitories?

After earthquakes centered in Kahramanmaras caused severe destruction in 10 provinces, earthquake victims whose homes were moderately or severely damaged were offered the opportunity to live in dormitories.

[1] A criminal record check is a way of finding out if a person have been charged or convicted of a crime. It may include information about individuals’ arrests, convictions, penalties, and identifying marks or traits https://www.rcmp-grc.gc.ca/en/criminal-record-checks

[2] 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,

d) prevents a person being employed

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

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