Press Statement by Kaos GL regarding Lawsuit
29/12/2006
By
Kaos Gl
Lawsuit Against the Turkish LGBT Magazine’s Publisher
Press Statement by Kaos Gay and Lesbian Cultural Research and Solidarity Association
December 25, 2006
A criminal court case has been filed in Ankara, Turkey, against Umut Guner, the editor-in-chief and owner of Kaos GL magazine. Kaos GL is Turkey’s only lesbian, gay, bisexual, and transgendered peoples’ (“LGBT”) magazine. Kaos Gay and Lesbian Cultural Research and Solidarity Association has published the magazine continuously since 1994.
The background is that the Twelfth Ankara Justice Court confiscated issue 28 of Kaos GL on July 21, 2006, the same day it was printed, deeming its content to be ‘pornographic’. This special issue of the magazine was an examination of pornography by writers considered experts in their fields. Kaos GL appealed the seizure to Turkey's Supreme Court, which upheld the lower court's order, thereby exhausting all further appeals within Turkey's justice system. Consequently, the magazine's publisher is currently pursuing an appeal of the seizure to the European Court of Human Rights.
In the current development, the public prosecutor, Nadi Turkaslan, has made Mr. Umut Guner the target of a criminal indictment under the Turkish penal code's Article 226, Part 2, which reads: "A person who broadcasts or publishes obscene images, printed or audio material, or who acts as an intermediary for this purpose, shall be sentenced to imprisonment for a term of six months to three years." Under Turkish law, the subject need only be “considered pornographic by the prosecutor without the need of expert analysis.”
However, the basis for the indictment is weak. In that the magazine was confiscated before any copies were distributed, the prosecutor’s claim that "the magazine was sold without protection in the places where even children easily can reach" is totally spurious. Moreover, a large part of the indictment focuses on Taner Ceylan’s painting, “Taner Taner”, which had been presented in many previous exhibitions well before it was included in the magazine.
(On December 24, 2006 Bedri Baykam, the president of UNESCO International Association of Art Turkey Association, issued a written statement to Kaos GL stating that the painting “Taner Taner” by Taner Ceylan is a product of art. He expressed the foundation’s position regarding the freedom of art and artistic expression. He also pointed out that Taner Ceylan is an internationally recognized and acclaimed artist)
Kaos GL is a magazine that covers issues of concern to Turkey’s LGBT citizens. It is very obvious that Kaos GL is not an “erotic” or “pornographic” magazine. Since its founding, Kaos Gay and Lesbian Cultural Research and Solidarity Association has been fighting against such prejudices as viewing homosexuality only within a narrow sexual context or considering sex, itself, to be pornographic. The current obscenity charges clearly constitute an attempt to undermine the freedom of speech of Turkey’s LGBT people. Our right to express ourselves is central to our very freedom.
When the mainstream Turkish media covers women’s health and women’s sexuality issues in a sexist manner, no prosecution ensues. However, when gays and lesbians examine pornography from scientific, cultural and artistic points, we encounter criminal charges. This situation is, of course, completely unacceptable.
Court Information: Ankara Criminal Court of Second Instance
Court Date: December 28, 2006, at 9:34 AM
Contact Information: Kaos Gay and Lesbian Cultural Research and Solidarity Association, GMK bulvari, 29/12, Demirtepe, Kizilay, Ankara, Turkey, Telephone: 0312-230-0358
Press Statement by Kaos Gay and Lesbian Cultural Research and Solidarity Association
December 25, 2006
A criminal court case has been filed in Ankara, Turkey, against Umut Guner, the editor-in-chief and owner of Kaos GL magazine. Kaos GL is Turkey’s only lesbian, gay, bisexual, and transgendered peoples’ (“LGBT”) magazine. Kaos Gay and Lesbian Cultural Research and Solidarity Association has published the magazine continuously since 1994.
The background is that the Twelfth Ankara Justice Court confiscated issue 28 of Kaos GL on July 21, 2006, the same day it was printed, deeming its content to be ‘pornographic’. This special issue of the magazine was an examination of pornography by writers considered experts in their fields. Kaos GL appealed the seizure to Turkey's Supreme Court, which upheld the lower court's order, thereby exhausting all further appeals within Turkey's justice system. Consequently, the magazine's publisher is currently pursuing an appeal of the seizure to the European Court of Human Rights.
In the current development, the public prosecutor, Nadi Turkaslan, has made Mr. Umut Guner the target of a criminal indictment under the Turkish penal code's Article 226, Part 2, which reads: "A person who broadcasts or publishes obscene images, printed or audio material, or who acts as an intermediary for this purpose, shall be sentenced to imprisonment for a term of six months to three years." Under Turkish law, the subject need only be “considered pornographic by the prosecutor without the need of expert analysis.”
However, the basis for the indictment is weak. In that the magazine was confiscated before any copies were distributed, the prosecutor’s claim that "the magazine was sold without protection in the places where even children easily can reach" is totally spurious. Moreover, a large part of the indictment focuses on Taner Ceylan’s painting, “Taner Taner”, which had been presented in many previous exhibitions well before it was included in the magazine.
(On December 24, 2006 Bedri Baykam, the president of UNESCO International Association of Art Turkey Association, issued a written statement to Kaos GL stating that the painting “Taner Taner” by Taner Ceylan is a product of art. He expressed the foundation’s position regarding the freedom of art and artistic expression. He also pointed out that Taner Ceylan is an internationally recognized and acclaimed artist)
Kaos GL is a magazine that covers issues of concern to Turkey’s LGBT citizens. It is very obvious that Kaos GL is not an “erotic” or “pornographic” magazine. Since its founding, Kaos Gay and Lesbian Cultural Research and Solidarity Association has been fighting against such prejudices as viewing homosexuality only within a narrow sexual context or considering sex, itself, to be pornographic. The current obscenity charges clearly constitute an attempt to undermine the freedom of speech of Turkey’s LGBT people. Our right to express ourselves is central to our very freedom.
When the mainstream Turkish media covers women’s health and women’s sexuality issues in a sexist manner, no prosecution ensues. However, when gays and lesbians examine pornography from scientific, cultural and artistic points, we encounter criminal charges. This situation is, of course, completely unacceptable.
Court Information: Ankara Criminal Court of Second Instance
Court Date: December 28, 2006, at 9:34 AM
Contact Information: Kaos Gay and Lesbian Cultural Research and Solidarity Association, GMK bulvari, 29/12, Demirtepe, Kizilay, Ankara, Turkey, Telephone: 0312-230-0358
