Court rules against ban on Kurdish cultural event

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A court in İstanbul has deemed a ban on a 2021 event organized by the Mezopotamya Cultural Center (MKM), an organization promoting Kurdish culture, as unlawful.

The ban infringed upon freedom of expression, scientific and artistic freedoms, and the right to peaceful assembly, the İstanbul 6th Administrative court has ruled.

The MKM had planned to hold the event on October 16, 2021, at İstanbul's Bostancı Cultural Center, to mark its 30th anniversary. The İstanbul Governor's Office had permitted the event, which would feature concerts by Kurdish musicians. However, the sub-governor's office prohibited it, citing concerns over "national security, public order, the possibility of committing crimes, and endangering the rights and freedoms of others."

In response to the ban, the Media and Law Studies Association (MLSA) filed a lawsuit, asserting that the decision was contrary to legal regulations and laws.

Reference to the Constitution

In yesterday's ruling, the administrative court cited articles 13 (Restriction of fundamental rights and freedoms), 26 (Freedom of thought and expression), and 27 (Freedom of science and art) of the Constitution, highlighting that freedom of expression and freedom of science and art were essential components of a democratic society, MLSA reported.

The court also addressed the sub-governor's justification for the ban, which referred to a social media post by the Peoples' Democratic Party (HDP) about the event. The court emphasized that no concrete evidence of alleged wrongdoing had been presented in the court files, and no tangible, immediate danger of committing a crime was established.

ECtHR decisions

The court invoked the decisions of the European Court of Human Rights (ECtHR), stating that freedom of expression protected not only impartial or non-aggressive ideas and information but also expressions that might disturb, concern, or shock society. This safeguard, the court stressed, was crucial for the pluralism, tolerance, and open-mindedness required in a democratic society.

The court emphasized that, except in cases of incitement to violence and undermining democratic principles, preemptive and radical measures eliminating freedom of expression and freedom of science and art would harm democracy.

It maintained that the state should display patience and tolerance towards peaceful gatherings exercising freedom of expression and freedom of science and art, which do not pose a threat to public order and do not involve violence.

Right to assembly and demonstration

The court also referred to a 2014 Constitutional Court decision regarding the "right to organize and conduct demonstrations and protest marches," emphasizing the need to protect individuals against arbitrary intervention by public forces while exercising the guaranteed right to assemble.

The court ruled in favor of overturning the ban and accepted the compensation claim, ordering the Kadıköy Sub-governor's Office to pay MKM 39,368.13 lira in damages. (FD/VK)