10/01/2025 | Writer: Yıldız Tar
The Turkish government made a defense in the LGBTI+ activity bans case brought to the ECHR by Kaos GL.
The European Court of Human Rights (ECHR) combined two separate applications of Kaos GL Association regarding bans on LGBTI+ marches and events. The association had applied to the ECHR regarding the ban on the Anti-Homophobia March it wanted to organize in 2016 and the indefinite ban on LGBTI+ events declared by the Ankara Governorate in 2017 during the State of Emergency.
The latest development in the case was the Turkish government's response to the ECHR's questions. In its defense, the government denied that it practiced discrimination and commented on the third-party applications in the case.
Turkey asks for rejection of third-party applications
Civil society organizations from Turkey and Europe had applied as third parties to the case. The court accepted the applications of the international LGBTI+ umbrella organization ILGA-Europe, SPoD, The Turkey Human Rights Litigation Support Project, Association for Monitoring Equal Rights, Human Rights Foundation of Turkey, Hafıza Merkezi, ÜniKuir and Women's Human Rights Association.
The Government of Turkey argued that these applications should be rejected. The government argued that “they are not based on analytical data and contain political opinions”.
In its defense on the merits of the case, the Government of Turkey claimed that “there was no discrimination”. The government claimed that the reason for the indefinite ban on LGBTI+ events was “terrorist attacks”. In its defense, the Turkish government listed the terrorist attacks in the country one by one and claimed that the reason for the ban was security.
Police attacked an event that Turkey said was “held” in its defense
On the other hand, in its response to the ECHR, the Turkish government argued that Kaos GL is not the only LGBTI+ association and that there were some events that were not prevented during the period related to the case.
Among the events that the government claimed could be held was the press statement that the Ankara Bar Association wanted to hold in front of the bar association building on May 17, 2019. Although the government claimed in its defense that this statement could be made, the Ankara Bar Association LGBTIQ+ Rights Center's press statement on May 17, 2019 was banned by the Governorate and the police attacked the statement in front of the Bar Association.
One year after the statement was banned, Ankara 2nd Administrative Court ruled that the Governorate's ban was unlawful. The court recalled the cases of Kaos GL and Pink Life regarding the indefinite LGBTI+ activity ban announced during the State of Emergency and the second ban in 2018, and said:
“Since it has been understood that the transaction dated 03.10.2018, which includes a general ban on LGBTI and LGBTT activities, which is stated as the justification for the transaction subject to the lawsuit, has been abolished by a judicial decision, the transaction regarding the inappropriateness of the press statement subject to this lawsuit has no legal basis, and it has been concluded that there is no conformity with the law in the transaction subject to the lawsuit.”
ECHR questions Turkey on discrimination and freedom of assembly
The ECHR has raised questions regarding the Ankara Governorship’s indefinite ban on all LGBTI+ activities in the city. The ECHR inquired about the legal basis of this decision, suggesting that it might have obstructed the association’s ability to achieve its lawful objectives. The Court also asked whether the ban violated the prohibition of discrimination, what steps, if any, were taken to compensate for the damage, and if the ban was proportionate.
Bans on LGBTI+s in Ankara
In 2016, the Ankara Governorship prevented the March Against Homophobia and Transphobia, which was to be held on the International Day Against Homophobia and Transphobia on 17 May. Citing “certain social sensitivities,” the Governorship deemed the march inappropriate and refused to provide security for it. They further appealed to the Regional Administrative Court, which lifted the stay of execution against this decision. Kaos GL challenged this ban at the ECtHR.
In 2017, during the State of Emergency, the Governorship issued an indefinite ban that extended beyond marches to prohibit all activities related to LGBTI+ issues. Even after the State of Emergency ended, in 2018, the Ankara Governorship’s Legal Affairs Branch Directorate sent another ban decision to the Provincial Security Directorate on similar grounds.
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. The 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.
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.
Tags: human rights
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