Legislative Background Turkey has signed and ratified the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Charter of Fundamental Rights of the European Union (ECFR). Turkey has furthermore consolidated these international commitments with an article in its Constitution recognizing the legal precedence of international covenants it is party to. Article 90 of the Turkish Constitution states: “International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional. In the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail.”. This article ensures that, even if the national laws are not compatible with international commitments, the articles of the covenants trump the national laws. Despite the daring nature of this commitment, the laws governing right to peaceful assembly in Turkey are woefully restrictive. Article 34 of the Constitution protects the right to hold meetings and demonstration marches. The law states: “Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission. The right to hold meetings and demonstration marches shall be restricted only by law on the grounds of national security, public order, prevention of commission of crime, protection of public health and public morals or the rights and freedoms of others.” Once again, this article appears to be unequivocal in its commitment to protecting the freedom of assembly. The criteria for exceptions are compatible with those listed in ECFR. However, this protected right is regulated in other laws, or secondary legislations, in quite a restrictive way. The main law that regulates the right to assembly is Law Number 2911, Law on Demonstrations and Public Meetings (Law on Assemblies). This law does not uphold the international standards of freedom of assembly. Article 6 gives the power to designate what rules and spaces are suitable for assemblies every year to city governors. In Istanbul, for instance, 8 places were designated as suitable in 2016. Article 10 subjects the enjoyment of the right to assembly and demonstration to notification given 48 hours in advance, even though the Constitution states that permission are not required for assemblies. Article 23 suggests that all assemblies are illegal if the notification is not submitted, and forces authorities to intervene. Articles 15-19 give public authorities the power to postpone or ban assemblies under governorate territory. The reasons why assemblies could be banned are phrased quite vaguely, and often restated by governors verbatim. According to Article 22, places such as roads, parks, places of worship, public office buildings and a km vicinity of the Parliament are absolutely forbidden venues for assemblies and demonstrations. Articles 28-34 put forth rather extensive punitive measures. Attempting to exercise one’s right to peaceful assembly could lead to up to two years in prison if the variety of ‘hidden obstacles’, as phrased by the ECtHR on Turkey’s restrictive practices, are encountered. The Law on Assemblies is a regulatory framework that stifles a right protected by the Constitution. The increasing powers of public authorities before, during, and after the assembly threaten an overarching chilling effect where dissenting and minority ideas refrain from using their right to peaceful assembly. 6