Follow–up to previously transmitted communications

680. By letter dated 20 February 2006, the Government of Turkey replied to the communication of 22 June 2005 concerning the case of Mr Mehmet Tarhan. The Government stated that the Military Court of the 5th Infantry Training Brigade Command convicted Mehmet Tarhan on the two insubordination charges and sentenced him to a total of 4 years imprisonment. This judgment was reversed by the Military Court of Appeals on 25 October 2005, on the ground that Mr Tarhan had stated in his defence that he was gay. It was decided that a medical examination was required in order to find out whether he was eligible for military service. The Military Court however decided that such examination would have amounted to discrimination based on sexual preference according to the jurisprudence of the European Court of Human Rights and that it would be inconsistent with law. Therefore, the Court ruled on the continuation of his 4 years’ imprisonment.

Link to full text of the report: Summary of cases-SR Freedom of Opinion-2007-eng