Homosexuality in Turkey

The first piece of LGBTQ legislation was passed during the Ottoman Caliphate, when homosexuality, köçekler (young dancer slaves) and sodomy were decriminalized in 1858, as part of wider reforms during the Tanzimat.^[2] The first Turkish LGBTQ organizations were founded in the early 1990s, Lambda Istanbul, the first of such organizations, was founded in 1993 as a cultural space for the LGBT community, becoming an official organization in 2006.^[3] Historically, although homosexuality has not enjoyed a public platform, participation in pride marches, and public acceptance and visibility have risen slowly over the past few years. In spring 2010, Turkey's Minister of State Responsible for Women and Family Affairs, Selma Aliye Kavaf, attracted much media attention when she made a controversial statement during an interview with the daily Hürriyet newspaper: "I believe that homosexuality is a biological disorder, a disease. It is something that needs to get treated."^[4] This sparked national as well as international interest in the state of LGBT rights and individuals in Turkey for a brief time as a reaction: LGBT activists organized a march on İstiklal Avenue to call for an apology, homosexuality became a topic of discussion on a public level,^[5] and international media outlets criticized the statement, as well as Turkey's stance on homosexuality.^[6]

In 2011, Turkey witnessed the biggest pride march to date in Southeast Europe, with participation reaching over 10,000, and with support from parties such as the Republican People's Party (CHP) and the Peace and Democracy Party (BDP).^[7] In 2013, the Istanbul Pride march consisted of over 100,000 people, due in large part to the Gezi Park protests taking place at the same time.^[8]

Conscription

The Conscription Law that dictates conscription as mandatory was introduced in 1919 at the start of the Turkish War of Independence and has stayed in force since then.^[9] Compulsory military service in Turkey applies to all male citizens from twenty to forty years of age, with no legal alternative.^[10] There has been significant rise in critical discussions about the topic of mandatory conscription, however most government as well as military officials still oppose the idea of changing Turkey's conscription system.^[11] Those who oppose performing military service face three options: they can decide to become a deserter by either leaving the country, or trying to find other ways to escape the grip of the state; they can declare to be a conscientious objector, a decision which is followed by legal persecution in the form of a prison sentence; or they can try to find a way to get (legally) exempted within the framework of health regulations.^[9] The Turkish military considers homosexuality a "psychosexual disorder", and thereby worthy of discharge.^[12]

Upon completion of their military service, Turks receive a certificate of completion; a certificate of discharge (colloquially referred to as the "pink certificate" or "rotten certificate") if they reveal their homosexual identity any time during the service, in accordance with the health regulation frameworks, or engage in homosexual acts.^{[citation needed]}

Military Health Regulations

The Military Health Regulation for the Turkish Armed Forces looks to the 1968 American Psychiatrists Association's definition of homosexuality as a disease in the Diagnostic and Statistical Manual released that year.^[13] As such, homosexuals who are discharged or exempt from military service receive the same report as those who have mental or physical disabilities, and are considered to have a psychosexual disorder. In order to receive this report, individuals have to "prove their homosexuality," undergoing what the Human Rights Watch calls "humiliating and degrading" examinations and tests.^[12][14]

In October 2009, the report of the EU Commission on Enlargement stated that "the Turkish Armed Forces have a health regulation which defines homosexuality as a 'psychosexual' illness and identifies homosexuals as unfit for military service. Conscripts who declare their homosexuality have to provide photographic proof (a photograph of the person on the receiving end of anal intercourse). A small number have had to undergo humiliating medical examinations."^[15] These steps are taken, according to the military, to make sure that the system is not being exploited by deserters in order to skip mandatory military service, which has been a historical problem.^{[citation needed]}

Acquiring the "Pink Certificate"

Individual experience of the process has varied depending on the assigned military ward, the examining experts, and the individual. The system has been undergoing change for the past few years: Lambda Istanbul's lawyer Fırat Söyle stated in 2012 that the rectal examinations, and the photographic evidence of anal intercourse have been dismissed as requirements when they gained worldwide and national media attention.^[16] The current and most common method is to conduct a series of psychological evaluations, consisting of personality tests and interviews with the draftee as well as with the draftee's family. The individual may even be confined to stay in the psychiatry ward for a short period of time, in a dormitory nicknamed "pink dorms," if he is not considered to be effeminate enough, and a chance of recovery is recognized. For those who work for the military, as well as those in military school, homosexuality leads to the immediate termination of their jobs.^{[citation needed]}