Council of State board upholds decision on witdrawal from İstanbul Convention

Photos: Fatoş Erdoğan

Click to read the article in Turkish / Kurdish

The Administrative Courts Board of the Council of State, the top administrative court in Türkiye, upheld the decision rejecting the request for the cancellation of the Presidential decree for the withdrawal of Türkiye from the İstanbul Convention. The next step to be taken for the İstanbul Convention will be the Constitutional Court.

Türkiye had withdrawn from the İstanbul Convention with a decree signed by President Recep Tayyip Erdoğan. Women's organizations and political parties had applied to the Council of State for the cancellation of the decree. The 10th chamber of the State of Council had found the withdrawal from the convention lawful and ruled for the dismissal of the case.

The Administrative Courts Board of the supreme court yesterday (December 2) rejected the request for appeal by a majority vote. The justification for the decision will be announced later.

"Four hearings like staging a theater play"

The Chairperson of the Federation of Women's Associations of Türkiye, Canan Güllü said that the next step will be the Constitutional Court, and if no solution can be found there, the European Court of Human Rights (ECtHR).

Güllü said that this was "the strategy to run down the clock" and added, "This is not lawful. The Council of State held four hearings as if they were staging a theater play for the women coming from all around Türkiye. The judges had fun in this process.

Withdrawal from the Convention is unlawful and it is the proof of a single-man rule. Those who cannot stand up to this should not wear a robe."

What happened?

Türkiye announced its unilateral termination of the İstanbul Convention with a Presidential decree on March 20, 2020. The termination decision was also notified to the European Council on March 23, 2021.

In the statement of the Presidency Communication Directorate, it was argued that the "Termination decision" was because "the Agreement was legitimizing homosexuality."

The Istanbul Convention

The Council of Europe (CoE) "Convention on Preventing and Combating Violence Against Women and Domestic Violence", also known as the "İstanbul Convention" was opened for signature on May 11 2011 in İstanbul and Türkiye was the first country to sign. The convention entered into force on August 1, 2014.

The convention is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women. It is the obligation of the state to fully address it in all its forms and to take measures to prevent violence against women, protect its victims and prosecute the perpetrators.

As of March 2019, it has been signed by 45 countries and the European Union (EU). On March 12, 2012, Turkey became the first country to ratify the Convention, followed by 33 other countries from 2013 to 2019 (Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Denmark, Finland, Estonia, France, Georgia, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Malta, Monaco, Montenegro, the Netherlands, Norway, North Macedonia, Poland, Romania, Portugal, San Marino, Serbia, Slovenia, Spain, Sweden, Switzerland). The Convention came into force on 1 August 2014. (EMK/PE)