14/05/2024 | Writer: Kaos GL
The determination of absence case was held at the İstanbul 8th Criminal Court of Peace. And the lawsuit regarding the annulment of the association will be held on October 21th.
Photograph: MLSA
The fifth hearing of the “determination of absence” case filed against the Tarlabaşı Community Support Association, was held at the İstanbul 8th Criminal Court of Peace today. The Media and Law Studies Association monitored the trial proceedings and provided updates on its social media channels.
In its interim ruling, the court emphasized the distinction in legal grounds between the lawsuit for “annulment of the association” and the lawsuit for “determination of absence” filed against the association with a closure request, which is currently pending before the Istanbul 18th Civil Court of First Instance. Consequently, the court dismissed the requests for a stay of proceedings.
At the conclusion of the hearing, the court dismissed the lawsuit filed for “determination of absence”. However, the lawsuit concerning the annulment of the association remains pending. The hearing for the dissolution of the association is scheduled for October 21st.
What had happened?
Association for Supporting Tarlabaşı Community (known as Tarlabaşı Community Center – TTM), which is a model for community centers in Beyoğlu – Tarlabaşı where poverty, discrimination and gender inequality were experienced over and over, is in a danger of closure.
The association, which was pointed as a target by some of media via defamation news since June 25, 2021, was audited several times during June – September 2021. Following the audits two separate suits were filed against the center.
A lawsuit was filed against the association by the Governorship of İstanbul at the 8th Civil Court of Peace, demanding the declaration of the expiration of the association automatically on account of the fact that “it has become impossible to realize the purpose of the association”. The first trial of the file was heard on April 14, on Thursday, at 8th Civil Court of Peace, at 11.45 am. Ministry of Family and Social Services also made a request to get involve in the case with the Governorship. Attorneys of TTM said: “
An action for annulment of the association was also brought on the grounds of “contrariety to law and morality” at the 18th Civil Court of First Instance, with the indictment prepared by Public Prosecutor of İstanbul. The first trial of this file was heard on May, 18, 2022. “Cease and desist order” about the association was removed within the context of the case, on April, 6 upon the application of TTM. Ministry of Family also demanded involvement to the case with the Governorship. Attorneys of TTM had said “How a an association, which has been working with public enterprises for 15 years, be absent!” The case had been postponed to September 29.
An action for annulment of the association was also brought on the grounds of “contrariety to law and morality” at the 18th Civil Court of First Instance, with the indictment prepared by Public Prosecutor of İstanbul. The first trial of this file was heard on May, 18, 2022. “Cease and desist order” about the association was removed within the context of the case, on April, 6 upon the application of TTM. The case was postponed to November 2, at 11.30 am.
TTM has organized a volunteering activity on June, 27, in 2021, in which the guidebook titled “How to Protect LGBTI+ Students against Family and School Gripper?” prepared by Kaos GL, would be discussed. However this activity was pointed as a target in the media. Hate speech, targeting and defamations went on systematically until February, 9, 2022 and became widespread.
Having been targeted by the media, Ministry of Family and Social Services Beyoğlu District Directorate, Department of Social Services paid a visit to the association. Four days later, an audit by General Directorate of Civil Society Relations was started. The association was neither informed about the audit conclusions, nor the visit. On the other side Police Department Youth Service, took Chair of the Executive Board’s testimony within the claim of “crime of obscenity” on July, 19. The investigation resulted in non-prosecution. The audit which caused to suit several files against the association, was carried out by the Association Auditors from Ministry of Interior between July 26 and August 20, in 2021.
TTM, were able to take information related to the audit conclusions via the reports and annex, which were submitted to the case file, that were brought with the claims of “determination of absence” and “annulment of the association”. The first case is related to “determination of absence”.
The association hardly learned the second suit filed against it, via media. Following a news indicating a case against the association at the headline of Milat newspaper, which rang up the curtain for the defamation process, on February 9, lawyers of the association took information from the courthouse and learned that there had also been an action for annulment about the association, on February 10. Although the suits were filed on the grounds of “contrariety to law and morality”, actions concatenated within the context of the indictment for public interest, do not constitute a crime which would result in annulment of the association. Some issues which may result in administrative fine, like missing in ledger records, organizing educations without receiving permission, failure to asseverate publications of the association to Office of Chief Public Prosecutor, took place in the indictment. In addition, LGBTI+ related statements of the association, included in the report, which was prepared by the association's auditors and formed the basis of the case, as “obscenity” in an unlawful and discriminatory manner. LGBTI+’s fundamental rights and freedoms were also included in the report and the indictment as follows: “people known as LGBTI (gay, lesbian, bisexual, travesty, intersex) in short, who try to influence gender identity of children by normalizing their sexual orientation, in the society.”
Tags: human rights
