The 7-day "action-event" ban issued by the Governorate of Diyarbakır between 21 November and 27 November 2022 was found "unlawful" after 2 years. The Governorate decided to "ban all kinds of actions and events such as rallies, marches, meetings, gatherings, press statements, sit-ins, sit-ins, opening stands, etc. to be organised in open areas within the provincial borders of Diyarbakır in accordance with Article 11/A-B-C of Law No. 5442". Amed Bar Association filed a lawsuit to Diyarbakır 4th Administrative Court for the cancellation of the decision. The Administrative Court dismissed the lawsuit on 8 March 2023.

 

Amed (Diyarbakır) Bar Association appealed the decision to Gaziantep Regional Administrative Court. In its appeal petition, the Bar Association pointed out that the "action-event" ban is unlawful and that there is no clear and concrete threat to public order and security. The petition also emphasised that the administrative decision is incompatible with the "principle of proportionality". In the petition, it was noted that the unlawful procedure violated the right to assembly and demonstration, which is an indispensable element of democratic life.

 

The Gaziantep Regional Administrative Court Fourth Administrative Case Chamber, which evaluated the application made 2 years later, ruled that the 7-day "protest-event" ban decision of the Diyarbakır Governorate did not constitute a "measured" restriction that is necessary for the democratic social order and that allows the least interference with fundamental rights. The court concluded that the decision, which was not in the public interest, was not in conformity with the law as it violated the conditions specified in Articles 17 and 19 of Law No. 2911 and Article 11/C of Law No. 5442. The court decided to annul the decision of Diyarbakır 4th Administrative Court regarding the "rejection of the lawsuit" and to cancel the action subject to the lawsuit.

 

The court ruled unanimously on 26 November 2024, with no appeal.

 

MA / Müjdat Can