Turkey - The Association Lambda Istanbul Shut Down

EMHRN - Stop the Persecution Against Minorities’ Rights, The Association Lambda Istanbul Turkey Shut Down, 9/6/08

The Association Lambda Istanbul Shut Down
Stop the Persecution Against Minorities’ Rights

The Euro-Mediterranean Human Rights Network (EMHRN) expresses its deep concerns after a Turkish court’s decision to dissolve the association, Lambda Istanbul, which defends lesbian, gay, bisexual, and transgender (LGBT) people’s human rights in Turkey.

The EMHRN reiterates its commitment to defend and to promote in Turkey, as well as in all the Euro-Mediterranean region, human rights “without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” according to Article 2 of the Universal Declaration of Human Rights.

Active in Istanbul since 1993, Lambda Istanbul registered as an association in May 2006. However, the City Government of Istanbul claimed the association’s statutes as unlawful and immoral and filed a lawsuit against the organisation in 2007. The sixth hearing of the case took place on 29 May, 2008 in Beyoğlu 3rd Civil Court of First Instance, and the local court made a decision to shut down the Lambda Istanbul, despite a report by legal experts stating that the association is not against the law or public morality.

The EMHRN is concerned that the Court’s decision did not take into account the legal report in its judgment, but based its justification on procedural grounds. Such justifications were not mentioned by the Governor’s Office, the judge or the prosecutor during the hearing. It seems therefore that the decision is most likely linked to the activities of the association, which impedes Freedom of Association according to international law.

The EMHRN reiterates its commitment to protect minorities’ rights when they are threatened or persecuted. It therefore calls upon the Turkish authorities to:

Respect the principles of the Universal Declaration of Human Rights, in particular its article 1 “All human beings are born free and equal in dignity and rights” ;
Ensure the full respect of Article 11 of the European Convention on Human Rights, which protects freedom of association. Any “drastic measure [leading to dissolution] requires very serious reasons by way of justification before it could be considered proportionate to the legitimate aim pursued; it would be warranted only in the most serious cases”;
Allow the association Lambda Istanbul to pursue its activities.