Human Rights

Ban on LGBTI events carried to Constitutional Court

Tuesday, April 17, 2018

Kaos GL applied to Constitutional Court (AYM) for the ban on LGBTI+ events in Ankara. The association claimed that freedom of expression, the right to form associations, freedom of assembly and the right to a fair trial were violated, and they also discriminated against LGBTI’s.

Kaos GL Association carried the court case of the LGBTI+ activity ban declared by Ankara Governorship to the Constitutional Court.

After Ankara 4th Administrational Court rejected the appeal for the halt of the execution, the association applied to CC on the grounds that freedom of expression, the right to form associations and freedom of assembly were violated. Kaos GL also emphasized that Ankara Governor’s Office discriminated against LGBTI’s and the court violated the right to a fair trial by rejecting the previous appeal.

The association requested that Constitutional Court would take the interim measure and stop the Governor's decision because "the effect of the violation cannot be compensated, and it is an obvious violation”.

Violation of freedom of expression

Kaos GL’s lawyers Hayriye Kara, Kerem Dikmen and Yasemin Öz emphasized the violation of the related articles on freedom of expression within Turkish Constitution and European Convention on Human Rights (ECHR) in their statements. 

Underlining the illegal grounds of the ban that LGBTI events would provoke certain segments of the society, the lawyers told that with the abstract estimations they indefinitely ban all events of all organizations working on LGBTI rights in Ankara. 

Violation of right to form association

Emphasizing the violation of right to form association, lawyers told that being an association does not only mean to be registered on papers, but achieving the goals in their regulations, and they do not allow us to achieve our goals by preventing us to organize our events.

Violation of right to assembly

Reminding that one of the purpose of right to assembly is to hold collective events in a democratic system, Kaos GL emphasized that any kind of right to assembly is prohibited indefinitely with the ban.

Discrimination!

Kaos GL explained the discriminative content of the ban:

“They targeted directly the LGBTI associations. By relying on abstract claims and illegal grounds, the declaration of the ban itself is completely discriminative. The ban implies that due to the existence of the persons who are tend to commit a crime, we limited your rights. Therefore, we govern the country in favor of these people.”

Related content:

Indefinite “public morality” ban on LGBTI events by Governorship of Ankara

Kaos GL and Pink Life: Ankara Governor’s ban on LGBTI events illegal!

Kaos GL and Pink Life take the Governorship ban to court

Chronology of LGBTI+ bans in Turkey

Appeal to halt the execution of “LGBTI events” ban has been rejected

 

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