Court rejects lawsuit against Tarlabaşı Community Center
An İstanbul court has rejected a case aimed at declaring the "non-existence" of the Tarlabaşı Community Center (TTM), marking a significant legal victory for the organization that has been facing closure risk.
The Tarlabaşı Community Support Association, which has worked for 15 years to create safe spaces for children and women in the Tarlabaşı neighborhood, faced two separate lawsuits. One sought the declaration of the "non-existence" of the organization, while the other demanded its dissolution. Tarlabaşı, located near Taksim, one of the most vibrant and touristy areas in İstanbul, is known to be a cosmopolitan and poor neighborhood facing social exclusion.
During the latest hearing, the plaintiff's lawyer reiterated previous statements and requested that the case be held pending a decision on a related lawsuit in the İstanbul 18th Penal Court of First Instance. However, TTM's attorneys argued against merging the cases, requesting dismissal based on an expert report.
The İstanbul 8th Civil Court of Peace subsequently announced its decision to dismiss the case, with reasons to be detailed in the coming days.
The expert report
The expert report highlighted TTM’s objective to ease the lives of the impoverished, primarily women and children, in Tarlabaşı and to provide support to youth against turning to violence. According to Article 87 of the TMK (Civil Code), which addresses conditions for an association's natural dissolution, it is clear that the association’s objectives continue as long as issues affecting children, women, and youth persist. Therefore, the conditions for an automatic dissolution have not been met.
Background of the case
The Tarlabaşı Community Support Association, also known as Tarlabaşı Community Center, has been at risk of closure amidst the intense poverty, discrimination, and gender inequality prevalent in Beyoğlu-Tarlabaşı. Since 25 June 2021, the association has been subjected to smear campaigns by some media outlets and underwent several inspections between June and September 2021, leading to two separate legal actions.
The Governor's Office of İstanbul initiated a lawsuit in the İstanbul 8th Civil Court of Peace on the grounds that it was "impossible to achieve the association’s objectives," arguing for a judicial declaration of the association's natural termination. The Ministry of Family and Social Policies also sought involvement in the case. TTM's lawyers contested, questioning how an association that had been operational for 15 years and engaged in public partnership could be deemed non-existent.
Additionally, the İstanbul Chief Public Prosecutor's Office filed a lawsuit for the dissolution of the association in the İstanbul 18th Civil Court of Peace, citing legal and ethical violations. (EMK/VK)
