‘Ban on alcohol sales’ during lockdown taken to Council of State

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Appealing to the Council of State, The Ankara Bar Association has filed a lawsuit against the de facto ban on the sale of alcoholic beverages during the 'full lockdown' starting from April 29 till May 17, 2021.

In a statement made on the Ankara Bar's social media account, it has been stated that the Bar has applied to the Council of State and requested that the "execution of the de facto ban on the sale of alcoholic beverages in an anti-Constitutional manner" be suspended and rescinded.

'It is not mentioned in the circular'

The statement of the Ankara Bar Association has underlined that even though the circular of the Interior Ministry does not foresee any regulation as to a ban on alcohol sales, it has been reported in the news that the sale of alcoholic beverages will be forbidden.

The Bar has also referred to Interior Minister Süleyman Soylu's statement of "The circular is very clear. It is not indicated in exceptional circumstances and it is closed. There is no exemption or question mark."

'Notifications/notices sent'

Indicating that notices/notifications as to the de facto ban have been sent to shops by signature, the Ankara Bar has raised concerns that "an unlawful de facto practice which is not included in the Interior Ministry's circular and devoid of a legal basis and which is arbitrary, groundless and devoid of public good has been put into practice and become enforceable."

'No legal ground'

The Ankara Bar Association's petition has accordingly underlined that the related action is in violation of Articles 8 (Executive power and function), 12 (Nature of fundamental rights and freedoms ), 13 (Restriction of fundamental rights and freedoms), 14 (Prohibition of abuse of fundamental rights and freedoms) and 20 (Privacy of private life) of the Constitution of Turkey as well as the Article 18 (Limitation on use of restrictions on rights) of the European Convention on Human Rights (ECHR).

The petition has underlined that "the de facto practice in dispute is deprived of any legal basis," noting that "there is no legal regulation foreseeing the sale of alcoholic beverages." The Ankara Bar Association has also said that "the arbitrary restriction of freedoms by administrative acts and the imposition of a ban is against the law." The bar association has underlined that "this de facto practice devoid of any legal basis and based solely on verbal statements is openly against the constitution."

Request for stay of execution

Accordingly, the Ankara Bar Association has requested that the execution of the de facto ban on alcohol sales during the lockdown be suspended and cancelled urgently without taking the defense of the defendant. (EKN/SD)