Monitoring Findings
AMER conceptualizes violations to the right to peaceful assembly in three phases: before the assembly,
during the assembly, and after the assembly.
Before the Assembly
As explained above, freedom of assembly is a Constitutional right in Turkey. However, legislation
allows authorities significant powers to declare overall bans on assemblies, bans on specific assemblies,
and bans on spaces for assemblies.
During the monitoring period, 49 bans on assemblies were recorded. Most bans includes the entire city
territory. The duration of the bans varied from one day to indefinitely. The planned events were most
commonly banned for ‘potential acts of violence that could occur before, during, or after the event’.
Similarly, overarching reasons outlining conditions under which assemblies could be banned, stated in
Article 34/2 of the Constitution, such as ‘national security, public order, prevention of criminal activity,
preservation of public health, public morals, and others’ rights and freedoms’ are often used to justify
assembly bans with no context or specification.
For instance, the Governor of Konya banned all possible events and collective actions on December
17th, 2015, due to celebrations of Şeb-i Arus, a religious holiday of the Sufis. The justification of the
ban was stated as: “Information was gathered that various protests could take place by certain marginal
groups during the events and memorial ceremonies to be attended by senior members of the
government. In light of the terror activities inflicting our country, it was determined that such protests
could lead to clashes between opposing groups and jeopardize the safety and security of esteemed
members of the government, representatives of foreign nations, and our citizens visiting our city”. The
vague suggestion of intelligence received on potential conflict, prioritization of the comfort of the
members of the government, and reference to marginal groups and terror activities exemplify the
preemptive and arbitrary nature of most of the bans on freedom of assembly.
Provinces and Counties where Assemblies
were Banned
4
2
1
1
2
6
5
2
3
1
2
2
1
2
1
2
1
1
5
2
1
1
1
Another interesting overall ban was announced in Kilis: “Due to the start of student registrations to
the 7 Aralık University on 15/08/2016, all closed or open assemblies, marches, demonstrations, setting
up stands and tents, making press statements, putting up posters, handing out brochures and leaflets
8