Conclusion
The freedom of peaceful assembly is a constricted right in Turkey, both in laws and in practice. The
violations have been categorized under five headings:
The national laws regulating freedom of assembly in Turkey are incompatible with
international standards.
The Turkish Constitution recognizes the right to peaceful assembly, and only prescribes national
security, public order, prevention of commission of crime, protection of public health and public morals
as appropriate grounds of restricting this right. This article is consistent with European Convention
article on the freedom of assembly. However, the law regulating the specifics of the right is overarching
and surpasses the grounds prescribed by the Constitution and international standards.
The law places general bans on assemblies in certain public spaces, such as parks, roads, and public
office buildings. Even though the Constitution and international standards recognize this right as for
everyone, the Law on Assemblies legislates that foreign country citizens have to get authorization from
the Interior Ministry to organize meetings and demonstrations. The law also has a notification
obligation for assemblies, which means that spontaneous assemblies are automatically considered as
illegal. The regulations also give unlimited power to security forces in intervening with assemblies.
Authorities can set up video recording equipment on the venue of the assembly and record the event.
The law also gives the police the authority to end assemblies if the ‘aim and purpose’ of the assembly
exceeds that stated in the notification, and if ‘order and peace’ are disrupted. The laws also regulate the
content of the assemblies. “[Wearing] symbols of illegal organizations, or attires resembling uniforms
with these symbols… carrying banners, posters, placards, pictures, signs, tools and equipment defined
to be illegal by the laws, or chanting or broadcasting such messages with a sound device slogans of this
nature” are illegal, according to the law. The vague wording of these laws allow for any content in
opposition to the government or current policies grounds for interference by the law enforcement.
These laws form the foundation on which actions of public authorities act. Therefore, they are the first
obstacle in exercising the right to assemble. Although the discrepancies within Turkish law and with
international obligations regarding the freedom of assembly is widely pointed out4, the Turkish
government suggests that the right to peaceful assembly is protected by the Constitution, and the other
laws on the issue are hierarchically below the Constitution, and therefore no improvements on
compatibility are needed in this area.5
The discretionary powers of public authorities are too broad and overarching
The assembly laws in Turkey are overly vague and the power to interpret them are given to public
authorities instead of the judiciary, severely hampering the right to peaceful assembly. The governors
are given the power to postpone, and to cancel assemblies, they select the few areas available for
assemblies each year, and they can even order for investigations to be started against those who hold
assemblies despite of these bans.
Although peaceful assemblies do not require permissions, they do require notifications. Notifications
are given 48 hours in advance, with photocopies of the IDs, home and work addresses of organizers,
starting and ending times of the assembly, and the purpose of the assembly. This already burdensome
notification requirement works as a permission requirement in reality, since the governors also have
the authority to ban events based on vague criteria of threat. Thus, most assemblies are intervened for
being ‘illegal’, or not allowed by the governor. This problem has reached such an extent that many
4
5
EU Turkey Progress Report 2013 (53-54), 2014 (53-54), 2015 (65)
A/HRC/29/15/Add.1 Report of the Working Group on the Universal Periodic Review, Turkey, 150.23
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