Concert bans in Turkey 'unconstitutional and arbitrary,' says head of Turkish Bar Associations
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Aynur Doğan, Metin-Kemal Kahraman, Melek Mosso, Mem Ararat, Burhan Şeşen, Niyazi Koyuncu, Ara Malikian and Apolas Lermi...
These are the musicians whose concerts have been canceled by governors or municipalities over the past two weeks.
Bans on art events were not limited to concerts.
Amed City Theater's Kurdish play "Don Kixot" and Tiyatro Mencel's "Hay Lo Dîsa Tevlîhev Bû" also got their share of bans.
We talked about the bans with Erinç Sağkan, the chair of the Union of Turkish Bar Associations (TBB).
The bans were "totally arbitrary," Sağkan stressed, adding that the TBB has put the bans on its agenda and will soon take legal action against them.
CLICK - Joint statement by 57 bar associations against concert bans: 'Don't be afraid of arts'
"The bans are unconstitutional"
The Provincial Administration Law and the Law no. 2911 on Gatherings and Demonstrations are cited as the legal basis of the bans, which are an "interference with social life," said Sağkan.
"Municipalities can also impose bans in line with the circulars or decisions issued by the governor's offices, or the governor's offices directly impose bans.
"Governor's offices have the power to take preventive decisions in line with these laws, but this power is not unlimited. How 'public order and security may deteriorate within the provincial borders' should be based on 'predictable' and legally 'explainable' reasons.
"However, we see the lack of the elements of 'predictability' and 'explainability' in these bans issued by the governor's offices. If municipalities and governor's offices say there is public interest in their decisions of ban, they have to state the reason for this.
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"The principle of proportionality"
"But we can't see a justification. There is no concrete statement. Bans are imposed without justification. In fact, the bans are unlawful both procedurally and formally. This is blatantly disregarding the most fundamental rights and freedoms and usurping them. Also, it is against the principle of proportionality, which is included in the Constitution and international documents of human rights."
About İstanbul's Pendik District Municipality's reason for canceling Niyazi Koyuncu's concert that he "does not share the views and values" of the municipality, Sağkan said, "There cannot be such a ban decision. These bans are completely arbitrary and a declaration that we are far from being a rule of law."
"The judiciary must take action"
The judiciary must take action against the bans, Sağkan said, adding, "Governments and public institutions, in the decisions they make, may act against the Constitution. However, the judiciary, which is a mechanism of 'checks and balances,' should take action in such situations.
"This is exactly why the judiciary exists, to say 'stop' to public institutions' illegal actions. However, we see that the judiciary acts with political motives when applications are filed against such decisions." (RT/VK)