Transgender Individuals Sued after Groundless Custody

Three activists of the Pink Life Association stand trial for alleged resistance against the police. The three members of the lesbian, gay, bisexual and transgender (LGBT) organization were stopped by the police in a traffic control in Ankara. After checking their IDs, the police decided to take the three individuals to the police station without giving a reason.

This was the third hearing of the case against the LGBT activists. As in the two previous sessions, the complaining police officers again failed to appear at court.

The defence lawyers stated that there was no evidence that would confirm the allegations and requested their clients' acquittal.

The judge decided to review a CD that contains footage of the three activists being exposed to violence while they were taken into police custody and to investigate the statements of the lawyers related to a solution.

The police officers were absent despite a decision to appear on compulsion. The Ankara 15^th Criminal Court of First Instance decided that they had to attend the following hearing on 3 May.

"Criminal complaint of Pink Life members not considered"

The Pink Life Association criticized in an announcement that trials against defenders of transgender people's rights were being continued while criminal complaints filed by transgender activist who were exposed to violence did not advance at all.

"Transgender individuals are in the focus of violence every day. They remain even more defenceless in the aspect of the negative attitude of the judiciary against transgender individuals and regarding the impassiveness towards arbitrary custodies or applications of violence by the police".

Arbitrary application of Law on Misdemeanour

The police stopped the three transgender human rights defenders on 19 June 2010 on the busy Bağlar Avenue in Ankara. The police wanted to take them to the police station by reason of the Law on Misdemeanour and was going to apply a monetary fine. The Pink Life members protested the applications. Thereupon, the police made the three individuals to leave their car and took them into custody.

The three persons later on filed a criminal complaint by reasons of ill-treatment and insult experienced at the Esat Police Station. At the same time, two police officers complained about the three activists.

The complaint of the three Pink Life members was not being considered, whereas the complaint filed by the police officers resulted in a trial under allegations of "resistance against the police", "insult" and "harming public property". The defendants are facing prison terms of between six months and three years.

The first two hearings were held in October and December 2010. The court decided to bring in the two complainants on compulsion after they had not appeared at either of the sessions.

Similar cases resulted in acquittal

Five other transgender human rights defenders, also members of the Pink Life organization, experienced police violence and ill-treatment on 17 May 2010 in the same area. Subsequently, they stood trial on charges of "resistance to the police" and "insult of a civil servant on duty". The case was criticised by the European Human Rights Commission, the Council of Europe and international human rights organizations. At the first hearing, the judge decided for the acquittal of the defendants due to lack of evidence for the alleged offences. (BB/VK)