Sena Dolar 

 

ISTANBUL - The Council of State awaits the Presidency's defense to process at least 17 applications to the Council of State against the decision to withdraw from the Istanbul Convention at midnight with a presidential decree. However, the applicants warn “before it is too late”.

 

After the decision to withdraw from the Istanbul Convention on March 20, with the signature of President Recep Tayyip Erdoğan, the decision to terminate the Convention on July 1, 2021, was published in the Official Gazette dated April 30. After the decision, bar associations, political parties, women's organizations and institutions, non-governmental organizations filed a lawsuit to the Council of State for the stay of execution and annulment.

 

In the applications, it was stated that giving the President the executive power alone was contrary to Article 90 of the Constitution, and it was noted that the decision of termination was taken unlawfully. The applications made by 17 institutions and names to the Council of State are expected to be "investigated after the defense of the defendant's will". If the Presidency does not give a defense until July 2, the petitions will be processed.

 

Applications made by bar associations to the Council of State

 

After the decision to withdraw from the Convention, Istanbul Bar Association, İzmir Bar Association, Ankara Bar Association, Antalya Bar Association, Mersin Bar Association and Adana Bar Association applied to the Council of State for a stay of execution, but there was still no development regarding the applications.

 

In the application made by the Antalya Bar Association to the 10th Chamber of the Council of State, stating that the abolition of the Istanbul Convention by the President's decision is unconstitutional, the Chamber decided that "it should be examined after the defense of the defendant has been received or the legal deadline has passed". Antalya Bar Association President Polat Balkan emphasized that the Istanbul Convention is an international convention and underlined that withdrawing from the convention would have serious consequences that could lead to a disengagement from the international law.

 

Parties applying to the Council of State

 

On the other hand, not only women's organizations and bar associations, but also political parties applied to the Council of State in this context. Peoples' Democratic Party (HDP) Women's Council, Left Party, Deva Party, People's Liberation Party (HKP), Workers' Party of Turkey (TIP) and Republican People's Party (CHP) also applied to the Council of State on different dates against the dissolution decision. After the Presidency's defense was received, the Council of State decided that the request for a stay of execution should be examined.

 

Applications of women’s organizations

 

Mor Çatı Women’s Shelter Foundation applied to the Council of State on 20 May. In the application made to the Council of State, "first of all, it was requested to stay the execution of the decisions and to withdraw from the Istanbul Convention and to prevent the very possible damages/violations that will occur with this withdrawal". However, no response was received from the Council of State regarding the application.

 

‘They caused irreparable delay’

 

First Children and Women's Association’s application to the Council of State was delayed for days. Nilda Baltalı, one of the lawyers of the association, stated that the Council of State should decide to stay the execution, but by not deciding, it caused an irreparable delay. Evaluating the stance of the Council of State, Nilda said: ‘’The administration's response time expires on July 2. The period determined for the termination of the convention is July 1. No decision was made to stay the execution. It will be examined after the administration's defense. Since the convention will not be valid in our domestic law as of July 1, the execution of the Presidential decision could have been stopped in order not to cause loss of rights.’’

 

Women for Women's Human Rights-New Ways (WWHR) is one of the institutions that filed a lawsuit against the termination of the Istanbul Convention and the determination of the date of its repeal as July 1, with the request of "stay of execution" to the Council of State. No progress has been made yet regarding the lawsuit filed by WWHR.

 

Individual applications

 

Free Women’s Movement (TJA) Term Spokesperson Ayşe Gökkan applied to the Council of State for the annulment of the withdrawal decision from the Istanbul Convention with a Presidential Decree from Diyarbakır Women's Closed Prison.

 

Lawyer Sedef Erkan and Good Party Chairperson Meral Akşener also filed a lawsuit at the Council of State for the annulment of Turkey's withdrawal from the Istanbul Convention by the Presidency's decision. Speaking to our agency, lawyer Sedef Erkan said about her application in March: ‘’The lawsuit I filed at the Council of State against the termination of the Istanbul Convention is on the 95th day and the court has not even examined the stay of execution decision yet. At this stage, when the abolishment of the convention will be finalized on July 1, I request the Council of State to act on the issue immediately. In such a situation, I cannot make sense of the silence of the Council of State when there is a going back in our legal rights.’’

 

Women since March 20: Laws are written in the street

 

In addition to the applications to the Council of State, women took to the streets against the President's decision at midnight on March 20. Various actions and events were held in many cities and towns of Turkey for a week. Tens of thousands of women took to the streets saying, “The Istanbul Convention is ours. We do not give up”, “Laws are written in the street” made a sound with the slogans. The women, who were detained in house raids in Ankara after the protests, showed that they would not step back by giving the message "Long live our women's struggle" during the detention process.

 

Women are preparing for July 1

 

The women once again emphasized that they are on the street with the writings “If there is no convention, there is a feminist rebellion”. “The Istanbul Convention is ours, we do not give up” banners were hung at the Galata Tower, Topkapı Palace, Diyarbakır City Walls and many symbolic points of Turkey. Women who say, ‘We will not go home, we will turn everywhere into a field of resistance,’ have been fighting on the streets for months for the Istanbul Convention, which is their vested rights. The women, who carry out all kinds of actions by pedaling, making noise, shouting slogans, and closing the traffic, are getting ready to come together in Taksim Tunnel to turn July 1 into the ‘Day of Revolt’.