ELIF AKGÜL
The Istanbul Regional Court of Justice has overturned a decision by the Istanbul Governorate and the Beyoğlu District Governorship to obstruct the Istanbul Feminist Night March on March 8, 2022, and to halt public transportation services. The court ruled that the administrative authorities' decision was a violation of the right to assembly and demonstration.
In reviewing the appeal against the pre-march ban and transportation restrictions, the 10th Administrative Chamber of the Istanbul Regional Court of Justice stated, "Considering the definition, purpose, and nature of the right to organize assembly and demonstration marches, one of the elements of this right is the freedom to choose the venue or route for the meeting or demonstration."
The court, emphasizing that the choice of venue for assembly and demonstration should generally be at the discretion of the organizers, noted that a blanket ban on the grounds that the chosen venue is not one of the predetermined meeting areas is unacceptable.
Highlighting that a restriction would be a disproportionate intervention without demonstrating a necessary social need, the court declared the decision to ban the march at the chosen venue in the Beyoğlu district, without demonstrating the presence of a real danger or potential measures to be taken, to be unlawful.
Lawyer Esma Yaşar, speaking to MLSA, said, "Similar decisions were previously made to obstruct assembly and demonstration marches on dates like May 1 and March 8. We took these decisions to ban and disrupt transportation to the administrative court."
"After the Istanbul 2nd Administrative Court dismissed the case, we brought it to the regional administrative court. The regional court accepted our case by revoking the ban," said Lawyer Yaşar, suggesting the decision could set a precedent. She emphasized its significance for future cases concerning the use of the right to assembly and demonstration, despite being retroactive.
Prior to the 20th Istanbul Feminist Night March, the Istanbul Governorate and Beyoğlu District Governorship had banned the march, citing potential disturbances to social peace and harmony. The Governorate announced the closure of the Taksim metro station, the entrance and exit of İstiklal Avenue at the Şişhane station, and the Taksim-Kabataş funicular line starting from 1 p.m.
Meanwhile, the legal proceedings against two ban decisions taken by the Beyoğlu District Governorship regarding the Saturday Mothers/People are still ongoing.
