“Rights of LGBTI+s are human rights”
The indefinite ban on LGBTI+ events which was imposed during the State of Emergency in the capital city of Ankara has been lifted. However, the judicial process regarding the ban imposed on October 13, 2018 is still in effect.
Having filed a lawsuit against both bans, the Kaos GL Association has released a fact sheet and shared details about the judicial process.
Published on the official website of the Ankara-based association in Turkish, the history of the LGBTI+ bans in Ankara and the related judicial process have been briefly recounted as follows:
* There are two separate indefinite bans imposed by the Governorship of Ankara on LGBTI+s and the associations defending LGBTI+ rights in the capital city: The first ban was imposed during the State of Emergency (OHAL) and the second one in the so-called post-OHAL period.
* The first ban dated November 8, 2017 was definitely lifted by the Ankara Regional Court of Justice, the court of appeal.
* As for the second ban, which was introduced by the Governorship on October 3, 2018, the things are bit complicated due to the contradictory and self-denying statements of the Ankara Governorship.
* The Governorship did not publicly announce the ban dated October 10, 2018 and the LGBTI+ community learnt about this ban after the event planned to be held by the METU LGBTI+ Solidarity in October 2018 was prevented with reference to the second ban of the Governorship.
Kaos GL applied to obtain information
* In response, the Kaos GL applied to the Ankara Governorship via its attorneys to obtain information. Responding to the request of the association, the Governorship confirmed the second ban.
* Though the Association immediately filed a lawsuit for the abolishment of the second ban, the lawsuit was rejected.
*After the Ankara Governorship requested that the first verdict of the court be upheld, the Kaos GL appealed to the Governorship again in written form to be informed whether the ban in question was still in effect or not. In its answer dated March 2019, the Governorship did not refer to any decision of ban and stated that each application was evaluated in itself.
* However, even though the Governorship did not refer to a general ban in its above answer, it first banned the METU Pride Parade, then the statement for the press to be held by the Ankara Bar Association by referring to the ban that it imposed on October 3, 2018.
* In response to the contradictory statements and attitudes of the Governorship, the attorneys of Kaos GL asked which one of the following reflected the truth: The response of the Governorship to the Kaos GL, the failure of the Governorship to appeal against the verdict of objection or the ban on METU Pride Parade and Ankara Bar’s statement for the press?
* This time, the Governorship set aside its first statement and indicated that the general ban was in effect and only the applications made within the scope of the law no. 2911 would be separately evaluated.
The ban is contrary to law
* On the other side, the Ankara Regional Court of Justice reversed the verdict of the Ankara Administrative Court, which previously ruled that the second ban did not affect the interests of third persons.
* At this stage, it is expected that the Ankara Administrative Court emanine the second ban and conclude whether it is lawful or not.
* As of now, all events pertaining to the LGBTI+ rights in the capital city of Ankara have been banned by the Governorship’s decision, whose judicial process is still continuing. (EMK/SD)