Pink certificate

An illustration from the 19th century book Sawaqub al-Manaquib depicting homosexual anal sex with a wine boy. Titled at source as "Spilling the wine"

The first piece of LGBTQ legislation was passed during the Ottoman Empire, when homosexuality 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, Lambdaistanbul, the first of such organizations, being 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 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 Istiklal 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, with support from parties such as CHP and BDP.[7] In 2013, the Istanbul pride march consisted of over 100.000 people, due in large part to the Gezi Park events taking place at the same time.[8]

The Conscription Law that dictates conscription as mandatory was introduced in 1919 at the start of the Turkish War of Liberation 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 seem to vigorously oppose the idea of changing Turkey's conscription system.[11] Those who oppose to perform their 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]

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.

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.[12] 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.[13][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.

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: Lambdaistanbul'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 ends in the immediate termination of their jobs.

To be discharged from the military with a "pink certificate," typically, one must appeal to the hospital, or in the case of a draftee, ask to be consigned to the hospital. To undergo the examinations as a draftee, one must procure a written approval from the family doctor, and then go back to the military ward in order to receive a date for an appointment.

The first phase will be the family interview, for which one will need a family member to come along. The questions will be asked to the family member, and can be anything along the lines of "Does he wear colorful clothing? Does he wear tight clothing? Does he wear accessories? Does he put on makeup? Does he behave feminine?" etc. In order to get to the second phase, the personal interview, the doctor must be sufficiently convinced by the answers.

The second phase involves a series of tests and personal interviews. This typically includes the 600-question Minnesota multiphasic personality inventory, and the House-Tree-Person test, after which a personal interview is conducted. The questions asked here have a wide range, from "Are you a top or a bottom?" to "Do you receive psychological support?"

The third phase involves an interview with a committee of doctors that will make the final decision, after asking more personal questions.

The process of acquiring the discharge papers might take anywhere from a week to a few months, and it is not guaranteed that they will be granted – the process can stop at any point in the way since the evaluations are based on entirely subjective perceptions and frameworks. The army discharges homosexuals only insofar as they are found to be a potential disruptive force in the military, and to establish a connection between sexual identity and disruptive behavior examiners look to the degree of "feminine" or "promiscuous" behavior.[16]