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The Council of State, the top administrative court of Turkey, yesterday (June 7) heard the case filed by 15 organizations against the country's withdrawal from the İstanbul Convention, a Council of Europe treaty on combating violence against women.
The prosecutor demanded the reversal of the president's decree.
Some 200 lawsuits have been filed against President Recep Tayyip Erdoğan's 2021 decree pulling Turkey out of the convention.
CLICK - Turkey's withdrawal from İstanbul Convention 'unlawful,' says Council of State prosecutor
Among those who spoke at the hearing were Peoples' Democratic Party (HDP) Co-Chair Pervin Buldan and main opposition Republican People's Party (CHP) Women's Branch Chair Aylin Nazlıaka and MP Özgür Özel, as well as lawyers from women's organizations.
| The 15 organizations and people who filed the cases Women and Children First Association, Left (SOL) Party, Malatya Bar Association, Zonguldak Bar Association, Çanakkale Bar Association, Kars Bar Association, Artvin Bar Association, Denizli Bar Association, Kırklareli Bar Association, Tokat Bar Association, Pervin Buldan, Özgür Özel, Aksaray Bar Association, Şırnak Bar Association, the Union of Judges. |
Özel: Exercise your authority in the name of the public
MP Özel said it was not only a "women's issue" but a very important issue for the country, where "constitutional judicial independence is undermined."
* I am here to remind you of your constitutional responsibilities. Article 90 clearly explains the situation regarding international conventions. It says, "International conventions can only be annulled by the parliament."
* I know you have the burden of defending the women who cannot express themselves, women who don't even know they have such a right.
* As the father of a girl, as a man and a citizen of Turkey who is ashamed of every single incident of violence, I hope you will exercise your authority in the name of the public, in the name of women.
'The scene that you didn't see'
Lawyer Şanal Sarıhan said inequality was the reason that the court board comprised six men and one woman.
* The women in front of the Council of State came here from other cities just to follow this hearing. They hugged each other even though they didn't know each other.
* This is the scene of a common demand. It is said that laws are written on the street. The İstanbul Convention was written on the street to protect women's lives.
Buldan: I'm here for all women and LGBTI+s of Turkey
As a plaintiff, HDP Co-Chair Buldan talked about the purpose and the process of the ratification of the convention and stressed its importance for women and LGBTI+s.
* Even though the AKP [the ruling Justice and Development Party] portrayed it as its own success, it is the success of the women's movement of Turkey. This convention provides a great road map to end male violence.
* The convention aims to protect women's children's and LGBTI+s' right to life, shelter and employment. It explains how a systematic struggle against male violence can be built step by step.
"Is the Lanzarote Convention the next?"
Lawyer Hülya Gülbahar also said international conventions can only be repealed by the parliament, citing article 90 of the Constitution.
* We are defending international treaties here, but we are also defending our Constitution.
* They also target the Council of Europe's Lanzarote Convention. The full name of this convention is the Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse. As the women's movement of Turkey, we defend both the İstanbul Convention and this convention. This [court] board has a historic responsibility.
"They don't protect women because there is no convention"
Lawyer Özge Yücel said the unique aspect of the convention is that it is the most binding legal text on the subject and obligates the signatory states to gather data about violence.
* Even if the İstanbul Convention didn't exist, the content of the convention was considered to be among the states' responsibilities according to the human rights law and other human rights conventions.
* The administrative action that is the subject of the case is defective and unlawful not only in terms of the procedures but also of its purpose. It is a decision that does not have any function technically, because the states have to combat violence whether there are conventions or not.
Müjde Tozbey-Erden: "If you approve the annulment of the İstanbul Convention, you will be murderers as well. If you accept this case, you will be among those who protect women. In the name of the Women and Children First Association, I demand the reversal of the decision of cancellation.
CHP's Nazlıaka said the following:
* If I were to ask the friends here, is there anyone who is not worried when they hear footsteps, I think not even a single person would raise their hands. Our group deputy chair (MP Özel) just said he was ashamed of murders. I hear this sentence from men who live humanely: "If there is a woman walking in front of me, I either cross to the other side of the road or walk past her so that she does not feel nervous." We are in a process where freedoms are restricted for everyone, and, more importantly, where women's right to life is threatened.
* The decision you will give is a decision between defending women's right to life and death.
Defending lawyers' statements
After the plaintiffs' statements, the defending attorneys spoke. They demanded the rejection of the case. Emre Topal, a lawyer with the Presidency of International Conventions, claimed that withdrawal from the convention would not cause a problem in terms of human rights.
What happened?President Erdoğan, on March 20, 2021, issued a presidential decision pulling Turkey out of the İstanbul Convention. Turkey's decision was notified to the Council of Europe on March 23. The Presidency Communications Directorate said the convention was abolished because it "legitimizes homosexuality." Women have been protesting for the reinstatement of the convention, with many women's groups and opposition parties filing lawsuits for the cancellation of the presidential decision. About İstanbul ConventionThe Council of Europe (CoE) "Convention on Preventing and Combating Violence Against Women and Domestic Violence", also known as "İstanbul 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/AÖ/VK)
