In a landmark ruling, a Turkish regional administrative court has overturned a ban imposed by the Adana Governorship on a Kurdish concert, marking a significant decision for freedom of expression rights. The concert, organized by the Mesopotamia Cultural Center (MKM) to celebrate its 30th anniversary, was initially prohibited by the Adana Governorship citing security concerns.
The ban was first challenged in Adana Administrative Court by the Media and Law Studies Association (MLSA) Legal Unit but was rejected on October 12, 2022. However, following an appeal, the Adana Regional Administrative Court revoked the governorship's decision, stating that it "eliminated the essence of the right" involved.
Veysel Ok, Co-Director of MLSA and attorney representing MKM, emphasized the significance of the ruling. He highlighted that recent years have seen numerous Kurdish concerts banned on legally unjustifiable grounds, which fundamentally undermines freedom of expression. He also recalled a similar case in Istanbul, where a concert cancellation was overturned, reiterating the importance of the recent decision by the Adana Regional Administrative Court in reaffirming that governorships cannot infringe upon fundamental rights and freedoms.
The regional court's decision underlined that while it is within the administration's duty to take necessary security measures, canceling an event for security reasons without any substantial justification violates legal principles. The court clarified that in situations where a concert or similar event might exceed its intended purpose or become dangerous, the administration has the responsibility to implement security measures and, if needed, to terminate the event. However, such administrative powers do not extend to banning events without valid reasons that align with the Constitution and the European Convention on Human Rights.
Since 2019, a total of 28 Kurdish events, including 18 concerts, eight theater plays, one stand-up comedy show, and one literary talk, have been banned in 16 cities across Turkey for various reasons. This was reported by MLSA in a recent submission to the Council of Europe's Committee of Ministers, highlighting ongoing concerns about restrictions on Kurdish cultural events.
The decision is seen as a pivotal moment in the struggle for cultural and linguistic rights in Turkey, especially concerning the Kurdish community. The ruling underscores the tension between security measures and the protection of fundamental rights, particularly in the context of cultural and artistic expressions.
