25/10/2022 | Writer: Yıldız Tar
Kaos GL, brought the indefinite ban on LGBTI+ activities, ruled by Ankara Governorship in 2017, before the European Court of Human Rights.
The indefinite ban on LGBTI+ activities announced by Ankara Governorship was brought before the European Court of Human Rights (ECHR) by Kaos GL.
Kaos GL Association brought the ban before ECHR after their demand regarding a stay of execution about the ban announced by the Governorship was declined and their application was rejected by the Constitutional Court.
Attorney Kerem Dikmen, who applied to the ECHR on behalf of the Kaos GL association, emphasized that even though the ban decision was removed in 2019 by the Regional Administrative Court, there is also a need to evaluate the devastation and harm experienced due to the ban decision, which caused various violation of rights. Attorney Dikmen also added that the Regional Administrative Court had not assessed in terms of discrimination.
Within the scope of the ECHR application, Kaos GL also reminded that Ankara Governorship issued another ban with the same content, in 2018, while the case against the ban decision in 2017 was pending, and in this way the administration invalidated the decision before the verdict of the Court was announced.
Remarking that even the state of emergency is declared for three months, the ban decision is announced indefinitely, the Association emphasized that both the LGBTI+ community and LGBTI+ associations were victimized by the ban.
Kaos GL applied to ECHR by drawing attention to the violations of rights, which are arranged within the context of the European Convention on Human Rights, like the prohibition of degrading treatment, right to respect to privacy, freedom of thought, freedom of expression, right to assembly and demonstration, right of organization, right to form an association, right to an effective remedy and prohibition of discrimination.
History of bans in Ankara
There were two separate indefinite ban decisions for the associations defending LGBTI+ rights, one during state of emergency period (first ban) and the other was during the period called as post-state of emergency (second ban), enforced by Ankara Governorship.
Kaos GL Association succeeded in the legal struggle regarding the indefinite LGBTI+ activity ban decision announced during state of emergency, in November 2017, by Ankara Governorship.
In April 2019, Regional Administrative Court gave a ruling and remarked that the ban decision announced during the state of emergency, was indefinite, unlimited in terms of duration and there was no limitation and certainty regarding the nature of the activities. Remarking that law enforcements measures should have been taken against threats, in case of being under threat, instead of banning events, the court ruled that the ban was contrary to law. The ban decision was removed by the court.
On the other side, despite the lifting of state of emergency, the judicial process regarding the ban decision, which was forwarded to Provincial Security Directorate by Ankara Governorship Section of Legal Affairs on October 3, in 2018, went on till now. The second ban had also been removed with the ruling announced on March 23, in 2020. Thereby the indefinite ban on LGBTI+ activities in Ankara, came to an end.
Translation: Selma Koçak
Tags: human rights
