15/06/2022 | Writer: Sibel Yükler
Women’s and LGBTI+s’ legal struggle for the İstanbul Convention went on at the 10th Chamber of the Council of State, today. Council of State Prosecutor Nazlı Yanıkdemir, gave an opinion for annulment of the termination decision.
Women’s and LGBTI+s’ legal struggle against withdrawal from the İstanbul Convention on March 20, 2021, went on at 10th Chamber of Council of State today (June 14).
Council of State Prosecutor Nazlı Yanıkdemir gave an opinion for annulment of the judicial dissolution. On the other hand, applications of Workers’ Party of Turkey (TİP) and Union of Agriculture and Forestry (Tarım Orman-Sen) were rejected on the grounds of capacity to sue.
In her opinion, Council of State Prosecutor Yanıkdemir remarked the statements below:
“As required by the principle of parallelism in authority and procedure, the convention cannot be abolished only by a Presidential decision, without introducing a law. It is thought that an application should be made to Constitutional Court for annulment of the term ‘terminate’ included in the Presidential Decree, which has the characteristic of applicable rules. The Convention was approved by the Council of Ministers and the law no. 6284 is still in force. As required by the principle of parallelism in procedure, it has to be annulled by using the same procedure. Therefore the convention, which came into force by the decision of Grand National Assembly of Turkey (TBMM), may be annulled if and only by a Presidential decision which would be approved by TBMM. The convention in dispute cannot be annulled only by a Presidential decision due to being in accordance with the law no 6281.”
In her opinion, Council of State Prosecutor requested to send the claim of “contrariety to law” primarily to Constitutional Court to be evaluated and to annul the Presidential decision if the committee is dissent.
The applications from Workers’ Party of Turkey (TİP), attorney Sedef Erken, İzmir Bar Association, Trabzon Bar Association, Mersin Bar Association, Balıkesir Bar Association, Giresun Bar Association, Eskişehir Bar Association, Burdur Bar Association, Adana Bar Association, Manisa Bar Association, Union of Agriculture and Forestry / KESK (Conferation of Public Employees Trade Union), Uşak Bar Association, Bolu Bar Association, Hatay Bar Association, Meral Akşener (İYİ Party Chair), Progressive Women Association and The Journalists’ Union of Turkey Women’s and LGBTI+s’ Commission are among the trails heard.
Translation: Selma Koçak
Tags: human rights, women
