HKP appeals against Council of State ruling on İstanbul Convention

"Implement the İstanbul Convention" - Photo: Evrim Kepenek - bianet

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After President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan issued a Presidential decision on March 20, 2021 and pulled Turkey out of the İstanbul Convention, the People's Liberation Party (HKP) applied to the Council of State and demanded a stay of execution and reversal of the related decision of withdrawal.

With three votes against three, the 10th Chamber of the Council of State rejected the party's requests. In response to this rejection, the lawyers of the party submitted a petition of appeal to the Council of State's Plenary Session of Administrative Law Chambers.

Announcing its appeal in a press statement, the HKP has noted that "the impartiality of Lütfiye Akbulut, who was appointed by the Presidency, which was the defendant in the case, was questionable, considering her relationship with the ruling party and its President."

Recalling that it requested recusation of Akbulut, the HKP has reminded the Plenary Session that "before she became a member of the Council of State, Akbulut was a legal counsel at the İstanbul Metropolitan Municipality, which was governed by the ruling AKP at the time."

Referring to these reasons, the HKP has reiterated that "the judge's relationship with the ruling party and the Presidency suffices to raise suspicions about an objective decision to be given in the case."

The party has argued that the judge "ruled in favor of the Presidency as part of the lawsuit filed by İYİ Party Chair Meral Akşener, which has led to comments reflecting bias." The HKP has indicated that "rejecting the request for stay of execution before concluding the request for recusal is against the law in terms of the due procedure of law."

What happened?

Turkey has withdrawn from the İstanbul Convention with a Presidential decision published in the Official Gazette on March 20, 2021.

The decision in question said that "the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, which was signed by Turkey on May 11, 2011 and approved with the Cabinet Decree no. 2012/2816 on February 10, 2012, shall be terminated on the part of Turkey as per the Article 3 of the Presidential Decree no. 9."

Following this Presidential decision published at midnight, several social media users, women's rights defenders, lawyers and politicians, denounced the decision, recalling that the convention was unanimously approved at the Parliament and stressing that it is not possible for Turkey to withdraw from an international convention with a Presidential decision.

After the Presidential decision pulling Turkey out of the İstanbul Convention was met with criticisms and objections in both Turkey and around the world, the Communications Directorate of the Presidency released a written statement about the issue on March 22.

"As known, Turkey was the first signatory to the Istanbul Convention," the statement noted, arguing that the "İstanbul Convention, originally intended to promote women's rights, was hijacked by a group of people attempting to normalize homosexuality – which is incompatible with Turkey's social and family values. Hence the decision to withdraw."

The 10th Chamber of the Council of State finalized the court cases demanding the stay of execution and annulment of the Presidential decision withdrawing Turkey from the İstanbul Convention ahead of July 1, when the İstanbul Convention will no longer be in force in Turkey, according to the Article 80 of the Convention regarding denunciation.

By a vote of three to two, the 10th Chamber of the Council of State has rejected the requests for the stay of execution and annulment of the Presidential decision, which has pulled Turkey out of the İstanbul Convention, or the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. (EMK/SD)