Turkey: legal framework allows for arbitrary restrictions of movement and assembly, warns ICJ and IHOP briefing paper

Europe and Central Asia
Issue: Civil, political, economic, social and cultural rights
Document Type: Analysis Brief
Date: 2019

Today, the ICJ and the Human Rights Joint Platform (IHOP) published the briefing paper on the enjoyment of the freedoms of movement and assembly in Turkey.

This briefing paper, entitled Restricted at discretion: The enjoyment of the freedoms of movement and assembly in Turkey during and after the State of Emergency, reports on the law and practice of Turkish authorities relating to governors’ powers to restrict freedom of movement and assembly in the country.

During the state of emergency many restrictions on meetings and demonstrations were based on broad and vague decisions with insufficient reasoning to meet standards of legality, necessity and proportionality, including the banning of LGBTI events.

The ICJ and IHOP concluded that the current Law on Provincial Administration does not provide a sufficient basis of restrictions of these rights as the governors’ powers are not sufficiently well described in law to be foreseeable or to prevent arbitrary, disproportionate or discriminatory application.

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Turkey-FoMA brief-Advocacy-Analysis brief-2019-ENG (PDF, English)

Turkey-FoEA-Advocacy-analysis brief-2019-TUR (PDF, Turkish)

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