Constitutional Court: Ban on Hrant Dink Foundation’s Kayseri Conference is a violation of rights
The Constitutional Court (AYM) in Türkiye, has ruled that the Kayseri Governorship’s ban on the Hrant Dink Foundation’s conference planned to be held in Kayseri on October 18-19, 2019, constitutes a “violation of the right to organize meetings and demonstrations.”
The foundation had taken the ban to court, due to the event being ‘not in line with the foundation’s purpose’ and ‘expressions in the content of the conference.’ However, the court rejected the case in February 2020.
The foundation then requested an appeal. After the Ankara Regional Administrative Court ruled in line with the local court, the case was sent to the Constitutional Court. The Constitutional Court, which reviewed the case on June 12, made an assessment based on “compliance with the requirements of a democratic social order.”
The court focused on the importance of ‘freedom of expression and the right to organize meetings and demonstrations in a democratic society’ and ‘whether the intervention was in accordance with the requirements of a democratic social order.’ The following statements were included in the decision:
“It is not possible for public authorities to accept interventions in fundamental rights and freedoms without sufficient justification as in accordance with the requirements of a democratic social order.
Therefore, interventions made without justification in the right to assembly and demonstrations; or with a justification that does not meet the criteria set forth by the Constitutional Court will violate Article 34 of the Constitution.”
The Constitutional Court also argued that it was wrong to reach a conclusion of prohibition based on the thesis that the terms "genocide" and "massacre" could be used in the speeches at the conference and made the following assessment:
"The 'Armenian Deportation', which took place more than a century ago, is an important political and historical issue that has been discussed in our country and the international community, academic circles and political circles in the past and still is, despite the long time that has passed.
It is clear that the expressions used as basis for the ban in this file are not accepted by state authorities and the Turkish society in general and are disturbing. However, it should also be kept in mind that freedom of expression is valid not only for information and ideas accepted by society; but also for information and ideas that are hurtful, shocking or alarming.
In line with this assessment, in order to reveal historical facts, the terms and comments to be used - as long as they do not incite or justify violence by instilling hatred against a society or individuals - should be allowed to be expressed."
The Constitutional Court concluded that the ban on the conference was not presented with relevant and sufficient justifications to meet a pressing social need and was necessary in a democratic society.
It ruled that the right to organize meetings and demonstrations, as guaranteed by Article 34 of the Constitution, had been violated. The decision was taken unanimously.
It was decided to send the file to the Kayseri 2nd Administrative Court for a retrial to eliminate the consequences of the violation.
The foundation then requested an appeal. After the Ankara Regional Administrative Court ruled in line with the local court, the case was sent to the Constitutional Court. The Constitutional Court, which reviewed the case on June 12, made an assessment based on “compliance with the requirements of a democratic social order.”
The court focused on the importance of ‘freedom of expression and the right to organize meetings and demonstrations in a democratic society’ and ‘whether the intervention was in accordance with the requirements of a democratic social order.’ The following statements were included in the decision:
“It is not possible for public authorities to accept interventions in fundamental rights and freedoms without sufficient justification as in accordance with the requirements of a democratic social order.
Therefore, interventions made without justification in the right to assembly and demonstrations; or with a justification that does not meet the criteria set forth by the Constitutional Court will violate Article 34 of the Constitution.”
The Constitutional Court also argued that it was wrong to reach a conclusion of prohibition based on the thesis that the terms "genocide" and "massacre" could be used in the speeches at the conference and made the following assessment:
"The 'Armenian Deportation', which took place more than a century ago, is an important political and historical issue that has been discussed in our country and the international community, academic circles and political circles in the past and still is, despite the long time that has passed.
It is clear that the expressions used as basis for the ban in this file are not accepted by state authorities and the Turkish society in general and are disturbing. However, it should also be kept in mind that freedom of expression is valid not only for information and ideas accepted by society; but also for information and ideas that are hurtful, shocking or alarming.
In line with this assessment, in order to reveal historical facts, the terms and comments to be used - as long as they do not incite or justify violence by instilling hatred against a society or individuals - should be allowed to be expressed."
The Constitutional Court concluded that the ban on the conference was not presented with relevant and sufficient justifications to meet a pressing social need and was necessary in a democratic society.
It ruled that the right to organize meetings and demonstrations, as guaranteed by Article 34 of the Constitution, had been violated. The decision was taken unanimously.
It was decided to send the file to the Kayseri 2nd Administrative Court for a retrial to eliminate the consequences of the violation.
