Annulment action against withdrawal from İstanbul Convention

* Photo: Sedef Erken - Twitter

Click to read the article in Turkish

Lawyer Sedef Erken has filed an annulment action against Turkey's withdrawal from the İstanbul Convention by a Presidential decision.

Submitting a petition to the İstanbul Administrative Court on Duty to be sent to the Council of State today (March 22), Sedef Erken has also shared a copy of the petition on her social media account, considering that there might be others who want to follow suit and file a case:

arkadaşlar buyrun benim dilekçenin örneği

yalnız bu dava işlerinde kazanma garantisi yok, risk alıyoruz, hele de şu dönemde, bu konuda

sonra karşı taraf vekillerine avukatlık ücreti öderseniz bana kızmayın, ben göze aldım, siz açmak için iyi düşününhttps://t.co/1QmsavZ06I

— Sedef Erken (@SedefErken) March 22, 2021

Making a statement on her social media account after submitting the petition, Erken has said, "I have filed the lawsuit. I will say, 'May all women file a suit.' But the price of even filing a simple case is very high in the country. I have paid 600 lira and not to mention other costs."

With the decision of President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan published in Official Gazette on March 20, Turkey has withdrawn from the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.

In Erken's petition to the Council of State, it has been underlined that the Grand National Assembly of Turkey (TBMM) has the authority to ratify or withdraw from an international convention, noting that it is not legally possible to withdraw by a Presidential decision.

Accordingly, the lawyer has requested that the Presidential decision pulling Turkey out of the İstanbul Convention be annulled.

What happened?

Turkey has withdrawn from the İstanbul Convention with a Presidential decision published in the Official Gazette on March 20, 2021.

The decision in question said that "the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, which was signed by Turkey on May 11, 2011 and approved with the Cabinet Decree no. 2012/2816 on February 10, 2012, shall be terminated on the part of Turkey as per the Article 3 of the Presidential Decree no. 9."

Following this Presidential decision published at midnight, several social media users, women's rights defenders, lawyers and politicians, denounced the decision, recalling that the convention was unanimously approved at the Parliament and stressing that it is not possible for Turkey to withdraw from an international convention with a Presidential decision. (AS/SD)