Court lifts the state of emergency ban against LGBTI+ activities in Ankara

Upon Kaos GL Association’s appeal application, Ankara Regional Administrative Court 12th Administrative Case Court has examined the indefinite ban against LGBTI+ activities, declared by the Governorship of Ankara on November 2017.

Source: Court lifts the state of emergency ban against LGBTI+ activities in Ankara, (“Mahkeme, OHAL’de ilan edilen Ankara LGBTİ+ etkinlik yasağını kaldırdı”), kaosgl.org, April 19, 2019, https://kaosgl.org/sayfa.php?id=28102&fbclid=IwAR03zlUFhP1Bmh-AQRuTEjYuWNrcIKz_gt4x30786XqCNWBAQMPm_r_GYQg. This is a summary translation of the article.

Regional Administrative Court has stated that the ban was declared for an indefinite duration and bears no limitation or clarity as to the quality of the actions that are banned. The court indicated that if there is a threat against the planned activities, law enforcers should take precautions instead of banning the events; and that the ban is not lawful. The court ruled to lift the ban.

Here is an excerpt from the court ruling:

“The ban declared on November 18, 2017 for an indefinite duration, regarding the activities such as film screenings, cinevision, theater plays, panels, talks, exhibitions etc. taking place in different locations in Ankara, which include certain social sensibilities and sensitivities by various civil society organizations on LGBTT-LGBTI etc. matters; bear no limitation or clarity on either the time duration or the quality of the actions which are banned.”

“Although it is suggested by the administration that the planned activities might upset certain sections of society and lead to provocation, assault or reactions, such gatherings and activities can be protected by necessary security measures instead of an indefinite ban based on the premises that certain sections of society might react or be provoked”

The ruling also suggests that such indefinite ban with regards to duration and scope leads to the restriction on the exercise of fundamental rights and liberties, and therefore is not compatible with the law.

Despite the lifting of the state of emergency, a ban was sent by the Governorship of Ankara’s Legal Affairs Branch Directorate’s to Provincial Directorate of Security on October 3, 2018 on the same grounds. The lawsuit against this decision continues.

 

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