TGEU Countries: Turkey lawyers and the legal system on their own. We distribut- “I was with LGBTI activists from Bursa, and we planned ed this brochure to more than 350 trans people, and sev- to enter Istiklal Street, where the march was supposed eral trans survivors of violence and discrimination have to take place. We were stopped by the police and asked reached out to our organisation for legal advice. to leave. They started to insult us, and we were attacked Interview with sinem hun, red umbrella lawyer, on discrimination with water cannons. I felt my skin burning, and I realised Our lawyers have provided legal advice to over 50 trans people, of whom 20 were assisted in filing complaints against perpetrators. Within the project period, some legal successes were achieved. For instance, the perpe- I had been shot in the leg with rubber bullets”. Discrimination targeting trans individ- legal actors. In addition, it is essential that existing legal norms uals is a major fact of life in Turkey. Are be taken into consideration by judges and prosecutors. In par- there any laws or policies to prevent trans- ticular, there should be a broad interpretation of “gender” as phobic discrimination in Turkey? trator of violence against Ela, a trans sex worker survi- No, unfortunately there are no specific legal regulations. Al- and lawyers should follow the decisions of the European Court vor of a gun attack, was sentenced to 16 years’ impris- though rights-based organisations in Turkey have wanted spe- of Human Rights (ECHR). And finally, it is necessary to have a onment. A case was opened against two police officers cific anti-discrimination and equality legislation for a long time, specific law on the prevention of discrimination and the promo- who physically attacked another trans sex worker, it’s not a priority for the government. Article 122 of the Criminal tion of equality. Çisem, in Ankara in November 2014. Several arbitrary Code (discrimination with hate motive) is the only article re- police fines issued against trans-women sex workers garding discrimination and hate in the criminal law, but it does were annulled in the courts. Some local court decisions not mention gender identity, and its definition of a hate crime is Can you talk about trans-women sex workers regarding arbitrary police actions against trans women restrictive. There is no separate and specific government policy who experience discrimination? were taken to higher courts. on this issue. Although Pride celebrations were peaceful for 13 The biggest form of discrimination faced by trans-women sex years, the disproportionate police violence at this year’s Pride workers is discrimination in practices. For example, when they reveals that even the state can move backwards. are given administrative fines, they are forced to wait at the po- Red Umbrella organised a panel discussion during Istanbul Pride Week on 26 June 2015, at which representa- lice station. This requirement is unlawful because it is de facto cus- tives of TGEU, Serbia’s Gayten-LGBT and Red Umbrella + 90 + a protected ground under the law. As well, judges, prosecutors tody. They are deprived of lawyer support, and they are subject to spoke about their experiences with and the successes What can be done legally to eliminate discrimination against police violence, and sometimes insults or harassment. Unfair and of the project. This panel provided the audience with an trans individuals? What laws or practices are required? arbitrary detentions are also common. A transgender sex worker overview of the human-rights situation of trans people First, equality before the law, protected under Article 10 of the standing on the street at night can be arrested on the grounds of in Europe and specifically focused on Turkey. Constitution, should be extended to include sexual orientation “disturbing others”. The simple fact of being transgender, apart and gender identity. It is essential that these two categories of from being a sex worker, is enough to annoy the police. As well, be- Istanbul Pride Week was closed two days later by a rights be constitutionally recognised. As well, international hu- cause the Anti-Prostitution Regulation permits the police to seal violent police attack against the participants, during man-rights conventions to which Turkey is a signatory should be off the houses of informal sex workers – that is, sex workers who which several LGBTI people were beaten by the police, incorporated into relevant national laws and taken into account are not registered at a brothel, which includes all trans sex work- detained or injured by rubber bullets and tear gas. Eylül by the judiciary. Article 4 of the Istanbul Convention, for exam- ers – transgender informal sex workers’ right to housing is clearly Yağmur Saraçoğlu, a trans activist from Bursa, states: ple, which imposes positive obligations on the state to protect being violated. Likewise, informal sex work is not included under trans women against all kinds of private and public human-rights legislation on economic rights and the right to social security, as a violations, is so important that it should be known and used by result of which there are serious gaps in this regard. + 91 +