“This trial arises from a policy of excluding LGBT+ people from the public sphere,” said Kerem Dikmen, who is the Young LGBTI+ group’s lawyer and also a defendant in the case.
“This is not about obscenity. Activities that are perfectly legitimate, legal and in line with the Constitution are being criminalized. It is a form of dehumanization,” he said.
Turkey’s tenuous ties to Europe once moderated the country’s official treatment of LGBTQ+ Turks, but with Erdogan’s rise, the country’s integration with the West stalled. Talks on EU membership, first proposed in 1999, effectively ended in 2016 over European concerns on human rights, migration issues, and Erdogan’s democratic backsliding.
In October, draft legislation leaked that would impose penalties targeting Turkey’s LGBTQ+ community and behavior deemed “contrary to biological sex and general morality.”
“Legislators could be considering the criminalization of any expression of LGBTI identities, consensual same-sex sexual activity, and access to vital gender-affirming healthcare,” Dinushika Dissanayake, Amnesty’s Deputy Director for Europe, said at the time. “Under these proposals, people could face jail terms based on gender stereotypes, how they present themselves, and who they chose to be in a relationship with.”
“These proposals present a grave threat to the rights of LGBTI people and those who advocate for LGBTI rights, and they must never see the light of day,” he warned.
While the legislation was withdrawn in November, the new case is testing the limits of current law to the same ends.
“We will not give up defending human rights,” said Young LGBTI+’s lawyer. “But they are trying to send a message to society through us.”
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