Once again, we call on all of society and the judiciary:
22Nisan2022,Cuma
The withdrawal from the Istanbul Convention is unlawful! We do not give up the Istanbul Convention! We will be in Ankara on April 28 to defend the Istanbul Convention!
The unlawful declaration of withdrawal will be judged in court on April 28
April 28 2022 is a day of historical significance: It is the day that the highest administrative court in Turkey will hear the case against Turkey’s withdrawal from the Istanbul Convention, which specifies that all forms of violence against women and domestic violence suffered especially by women, children, and LGBTI+ individuals constitute human rights violations, and which obligates the state to prevent violence and protect victims.
At 9:45 am on Thursday, April 28, the 10th Chamber of the Council of State will discuss the case regarding the Istanbul Convention. The outcome will concern not only the unlawfulness of the withdrawal decision and our demands to reverse it, but will also have en effect on the rule of law and Turkey’s future.
What had happened?
At midnight on Friday, March 19, 2021, Turkey’s “termination” of the Istanbul Convention by a one-person and one-sentence decision of the country’s president was announced. Following this, a second Presidential Decision was published announcing that the “termination” would take effect on July 1, 2021.
On Saturday, March 20, 2021 we, as the Women’s Platform For Equality (EŞİK), had declared the President’s Decision “null and void.” Emphasizing the violation of the Parliament’s will and the Constitution we had said “Withdrawal from the Istanbul Convention, which had been unanimously accepted by Parliament, representing the will of the people, cannot be accomplished by a Presidential Decision. The parliament’s will and power cannot be transferred to an individual. The international conventions on fundamental freedoms and rights that are ratified by Parliament, and recognized as above national laws by Article 90 of the Constitution of Turkey, cannot be subjected to withdrawal by decrees issued by one person.”
Since 20 Mart 2021, many women, women’s organizations, bar associations, a variety of civil society organizations, labor unions and political parties filed lawsuits at the Council of State demanding a stay of execution and the reversal of the decision. In a 3-to-2 vote, the five-member 10th Chamber of the Council of State rejected these more than 200 demands for a stay of execution. These dissenting opinions were in accordance with the opinions the Council of State prosecutors penned later in the process. These dissenting judges and prosecutors stated that it was not possible to leave the Convention by a President’s Decision, given that it was ratified by Parliament and published with its Law No. 6251 in the Official Gazette on 29 November 2011; that the President did not have authority to withdraw from international treaties; that the Decision cannot be based on Presidential Decree No. 9. Judges’ dissenting opinions and the prosecutors’ opinions also correspond to our views as stated in EŞİK’s press release as summarized above.
As women and LGBTI+ from all corners of Turkey, we ran a public campaign against these unlawful decisions. On 19 June 2021, we came together at the Maltepe Protest in Istanbul. On 24 June 2021, we went to the Council of State to deliver a petition for a stay of execution on the withdrawal decision and made a statement to the press there.
And now, on April 28, we are going to the hearing at the Coucil of State in Ankara. We call all women, women’s and LGBTI+ organizations, bar associations, labor unions, trade and professional associations and political parties, and everyone who wants an equal and violence-free life to defend the Istanbul Convention and the rule of law.
Once again, we call on all of society and the judiciary:
The withdrawal from the Istanbul Convention is unlawful!
We do not give up the Istanbul Convention!
We will be in Ankara on April 28 to defend the Istanbul Convention!
The unlawful declaration of withdrawal will be judged in court on April 28
April 28 2022 is a day of historical significance: It is the day that the highest administrative court in Turkey will hear the case against Turkey’s withdrawal from the Istanbul Convention, which specifies that all forms of violence against women and domestic violence suffered especially by women, children, and LGBTI+ individuals constitute human rights violations, and which obligates the state to prevent violence and protect victims.
At 9:45 am on Thursday, April 28, the 10th Chamber of the Council of State will discuss the case regarding the Istanbul Convention. The outcome will concern not only the unlawfulness of the withdrawal decision and our demands to reverse it, but will also have en effect on the rule of law and Turkey’s future.
What had happened?
At midnight on Friday, March 19, 2021, Turkey’s “termination” of the Istanbul Convention by a one-person and one-sentence decision of the country’s president was announced. Following this, a second Presidential Decision was published announcing that the “termination” would take effect on July 1, 2021.
On Saturday, March 20, 2021 we, as the Women’s Platform For Equality (EŞİK), had declared the President’s Decision “null and void.” Emphasizing the violation of the Parliament’s will and the Constitution we had said “Withdrawal from the Istanbul Convention, which had been unanimously accepted by Parliament, representing the will of the people, cannot be accomplished by a Presidential Decision. The parliament’s will and power cannot be transferred to an individual. The international conventions on fundamental freedoms and rights that are ratified by Parliament, and recognized as above national laws by Article 90 of the Constitution of Turkey, cannot be subjected to withdrawal by decrees issued by one person.”
Since 20 Mart 2021, many women, women’s organizations, bar associations, a variety of civil society organizations, labor unions and political parties filed lawsuits at the Council of State demanding a stay of execution and the reversal of the decision. In a 3-to-2 vote, the five-member 10th Chamber of the Council of State rejected these more than 200 demands for a stay of execution. These dissenting opinions were in accordance with the opinions the Council of State prosecutors penned later in the process. These dissenting judges and prosecutors stated that it was not possible to leave the Convention by a President’s Decision, given that it was ratified by Parliament and published with its Law No. 6251 in the Official Gazette on 29 November 2011; that the President did not have authority to withdraw from international treaties; that the Decision cannot be based on Presidential Decree No. 9. Judges’ dissenting opinions and the prosecutors’ opinions also correspond to our views as stated in EŞİK’s press release as summarized above.
As women and LGBTI+ from all corners of Turkey, we ran a public campaign against these unlawful decisions. On 19 June 2021, we came together at the Maltepe Protest in Istanbul. On 24 June 2021, we went to the Council of State to deliver a petition for a stay of execution on the withdrawal decision and made a statement to the press there.
And now, on April 28, we are going to the hearing at the Coucil of State in Ankara. We call all women, women’s and LGBTI+ organizations, bar associations, labor unions, trade and professional associations and political parties, and everyone who wants an equal and violence-free life to defend the Istanbul Convention and the rule of law.
#İstanbulSözleşmesindenVazgeçmiyoruz #YasalaraDokunmaUygula
#WeDoNotGiveUpTheIstanbulConvention #DoNotChangeLawsImplementThem
Women’s Platform for Equality, Turkey (EŞİK Platform)
21 April 2022
iletisim@esikplatform.net