Hate Crime

Türkiye Finans Katılım Bankası S.A

28
Dec

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

FACTS

A person who applied for a job at Türkiye Finans Katılım Bankası was not hired on the grounds that he had previously worked at Bank Asya, although there was no investigation process against him.

                     EVALUATION OF THE CASE UNDER THE TURKISH PENAL CODE

According to article 122[1] of Turkish Penal Code, anyone who prevents a person from benefitingfrom 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 shallbe sentenced to imprisonment from one year to three years.

In the present case, the victim’s job application to Finans Participation Bank was rejected. The job application was rejected on the grounds that the applicant had previously worked at Bank Asya. The motive behind the rejection of the job application by Finans Katılım Bank was that the applicant had previously worked at a bank affiliated with the Gülen movement.

As a result, there is a crime of hatred and discrimination committed by the authorities of a bank.

EVALUATION OF THE CASE UNDER INTERNATIONAL LAW

According to the Office for Human Rights and Democratic Institutions (ODIHR) of theOrganization for Security and Cooperation in Europe (OSCE)[2], a hate crime is a criminal act motivated by bias against a group. Hate crimes comprise two elements: a criminal offenceand a bias motivation.

In the present case, the victim’s job application was rejected on the grounds that he had previously worked at Bank Asya. According to the Office for Human Rights and Democratic Institutions’ definition of hate crime, the victim’s employment at a bank affiliated with the Gülen movement constitutes a crime of discrimination motivated by hatred.

CONTEXTUAL INFORMATION

Bank Asya-Asya Katilim Bankasi S.A

Bank Asya has been linked to the Gülen movement. The Turkish government accused the movement of trying to overthrow the government and Bank Asya faced regulatory sanctions as a result.

The Turkish government seized control of Bank Asya in 2015 and subsequently seized its assets. The bank was then placed under the management of the Savings Deposit Insurance Fund (TMSF) in Turkey. Due to these events, the bank effectively ceased operations.              

[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,

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

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