July 12, 2024
LGBTQ+ activist İris Mozalar has been arrested for “inciting hatred and enmity” over a social media post criticizing racist attacks against Syrians in Kayseri, Turkey. Mozalar's lawyer, Gizem Karaköçek, stated that the investigation was initiated through the "Virtual Patrol" method, which was annulled by the Constitutional Court for being unconstitutional. “This unlawful arrest is being used as a tool to silence and oppress LGBTQ+ individuals. We seek solidarity from the public,” Karaköçek said.
Mozalar was detained during a raid on her home in Istanbul on the evening of July 10. After spending a day in police custody, she was brought before the prosecutor and subsequently arrested by the Criminal Judgeship of Peace.
Mozalar has been placed in Bakırköy Women's Closed Prison, with the charge based on Article 216/1 of the Turkish Penal Code, which addresses “incitement to hatred and enmity.”
Investigation used annulled "Virtual Patrol" method
Karaköçek highlighted that the investigation was initiated using the "Virtual Patrol" method, which was deemed unconstitutional by the Constitutional Court in 2020. “The investigation was started unlawfully. Research was conducted through the Cyber Patrol method, despite its annulment four years ago for being unconstitutional,” she explained.
Karaköçek added that Mozalar's social media post, which was the subject of the charge, was made on July 2, but she was detained eight days later. “The law is clear; for the crime to be established under Article 216/1, there must be public outrage and a clear and imminent danger to public safety. However, from July 2 to July 10, no such outrage or danger occurred, yet İris was still arrested.”
Arrest seen as punishment for LGBTQ+ community
Karaköçek argued that the investigation and arrest are being used as a means of repression against all LGBTQ+ activists. “Throughout the unlawfully initiated investigation, the unjust and unlawful stance continued. İris has a permanent residence and is a known university student. She has always complied when called by the police. Despite this, they raided her home instead of summoning her. This shows that this is not just an investigation over social media posts. We believe that because they couldn't detain her during Pride marches, they took this action. Arrests are supposed to be precautionary, but in this case, as with other LGBTQ+ investigations, it is used as a form of punishment.”
Call for public support and solidarity
Karaköçek emphasized the need for public support and solidarity, concluding, “Even though İris explained her intentions in the post, it didn't matter to them. In her post, İris criticized the racist attacks against Syrian immigrants in Kayseri, advocating for coexistence rather than inciting hatred. Interior Minister Ali Yerlikaya announced that 67 people involved in the racist attacks in Kayseri had been detained and that an investigation had been launched, indicating that the judiciary agrees with İris, yet she is the one who was arrested. None of us expected this arrest, including İris. She was so surprised when she heard the decision that she asked the judge, ‘Am I being arrested for criticizing while those who burned homes are free?’ We call on rights organizations and the public for support and solidarity against this arrest.”
