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Evaluation of the Application of M.I.A., Owner of the First Somali Restaurant in Turkey, to TİHEK is Online

A new report has been added to the reports prepared by the Association for Monitoring Equal Rights under the title of Decision Analysis Series. In the new report of the Decision Analysis Series, the application of M.I.A, the owner of the first Somali restaurant in Turkey, to the Human Rights and Equality Institution of Turkey was evaluated. In the decision analysis report prepared by Assoc. Prof. Dr. Tolga Şirin on TIHEK's decision, the prohibition of discrimination is evaluated in light of the concepts of racial profiling and effective investigation, and the appearance of the prohibition of ill-treatment in the case is examined in detail.

What happened?

Saab Cafe opened in Çankaya, Ankara in 2019 as the first Somali restaurant in Turkey. As of August 2021, arbitrary inspections and practices started against Saab Cafe, and discriminatory and racist discourses were used during the inspections. It was seen in the media footage that during the inspections, all customers in the restaurant were taken out, the colors of the restaurant's name sign were changed, and racist discourses such as "go away from here, you are not wanted here" were used against the operators. 

While the Human Rights and Equality Institution of Turkey did not initiate an ex officio investigation on the incident despite the news coverage, M.I.A made an application to TİHEK on December 01, 2021 on the grounds of "ill-treatment and discriminatory treatment by law enforcement officers".

Despite having the legal duty and authority to do so, TİHEK, which took no action regarding the application, announced its decision on its website six days after M.I.A was taken to the deportation center to be deported. The decision, made by a majority vote with the dissenting votes of 5 members on August 9, 2022, stated that there was no violation regarding the application made by the applicant to TİHEK, who had faced pressure from law enforcement, including detention, threats, name change, and painting of signs, had their residence permit canceled, and was taken to the deportation center to be forcibly sent to Somalia.

You can access the report from the link or from the annex at the end of the page.

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