Court upholds prison sentences for barring burkini-wearing individuals from pool
The 23rd Criminal Chamber of the Izmir Regional Court of Justice has recently made a decision regarding a case involving discrimination against a woman wearing a burkini at a pool. The case involved the prevention of a woman named Tuğçe Çetin from entering a pool in a summer house she rented in Dikili. The site managers, including the chairman of the site management board, were sentenced to 10 months in prison for “preventing the exercise of freedom of belief, thought and opinion.”
The Criminal Chamber rejected an appeal on the grounds that there was no unlawfulness in the decision of the first instance court. The Chamber approved the prison sentences of the three defendants. However, the Chamber also decided to convert the short-term prison sentence for defendants over 65 years old into a judicial fine of 300 days, totaling 6,000 liras.
Harun Çetin, the husband of the victim, Tuğçe Çetin, expressed that the decision will set a precedent for similar cases in the future. He emphasized that site decisions based on discrimination, such as preventing people from using the pool with a burkini, are unjust and constitute a crime. Çetin also mentioned that the Turkish Human Rights and Equality Institution has imposed fines for similar cases of discrimination.
The litigation process began when Tuğçe Çetin filed a criminal complaint against the site manager and others who prevented her from using the pool. The defendants claimed that they had unanimously banned the use of burkinis in the pool at a general assembly meeting. However, the court found them guilty of discrimination based on religion and belief.
In addition to the prison sentences, the Turkish Human Rights and Equality Institution imposed an administrative fine of 5,000 lira on the site management for discrimination. This case serves as a reminder of the importance of upholding human rights and preventing discrimination in all aspects of society.
