Hate Crime

Presidency Council  of Turkish Grand National Assembly (TBMM)

08
Oct

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

The Presidency Council of the Grand National Assembly of Turkey discussed the security regulation at the first meeting of the legislative year. With the amendment, those who were expelled from the Parliament after January 1, 2015 were banned from entering the campus of the Grand National Assembly of Turkey.

–     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, those who were expelled from the Parliament after January 1, 2015 were banned from entering the campus of the Grand National Assembly of Turkey. The motif beyond the decision is the victims’ political ideology.

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, those who were expelled from the Parliament after January 1, 2015 were banned from entering the campus of the Grand National Assembly of Turkey.

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.

[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 economic activity,

d) Prevents a person being employed

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

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