Election council rejects İzmir Bar’s application despite court verdict

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After İzmir Bar Association appealed against the Interior Ministry's circular stipulating the postponement of professional organizations' general assemblies due to the pandemic, the İzmir 1st Administrative Court has found the appeal justified and given a decision of stay of execution.

However, İzmir Konak 1st District Election Council has rejected the application of İzmir Bar Association to hold and supervise its general assembly meeting and election on October 17-18. 

As reported by Gazete Duvar news website, İzmir Bar Association appealed to court against the circular letter issued by the Interior Ministry foreseeing the postponement of events to be held by civil society organizations, professional organizations in the capacity of public institutions such as bar associations, unions and cooperatives until December 1, 2020.

Having found this appeal justified, the İzmir 1st Administrative Court unanimously gave a decision of stay of execution on September 15, ruling that the execution of the circular shall be suspended until the statement of the administration and its response to the interlocutory judgement is taken or the related period expires and a new judgement is handed down.

Election date was set

In response to the ruling of the administrative court, İzmir Bar Association Chair Özkan Yücel announced that the general assembly would be held on October 17-18, so tomorrow and the day after.

Referring to the second rejection of a local court in Ankara regarding the appeal against the same circular, Yücel also raised concerns over the "ambivalent structure of the judicial system" in Turkey.

Election council rejects court ruling

However, İzmir Konak 1st District Election Council Presidency has rejected the application of İzmir Bar Association to hold and supervise its general assembly meeting and election at the weekend.

In the related decision of the council, it has been indicated, "Considering that it is not legally or practically possible to reach all members and make an announcement in a short time span about the acts and procedures pertaining to a postponed general assembly, there is no de jure possibility to resume the procedures of a postponed general assembly as per the Article 84 and Additional Article 3 of the Law no. 1136."

Based on these grounds, the council has rejected İzmir Bar Association's request to hold its ordinary general assembly on October 18, 2020.

What happened?

In a circular letter addressed to the 81 governor's offices across Turkey, the Ministry of Interior has announced that the events to be held by non-governmental organizations (NGO), professional organizations, unions and cooperatives have been postponed till December 1, 2020.

After the Interior issued the circular letter referring to the pandemic as the reason, the Supreme Election Council (YSK) has announced that the general assemblies and elections of bar associations cannot be held if the District or Provincial Public Health Boards give such a decision. The Council has not found it objectionable that political parties hold their conventions.

On October 6, the YSK rejected the request of 24 bar associations for the annulment of the circular letter postponing bar elections due to novel coronavirus (COVID-19) outbreak. (EKN/SD)