(en) Turkey, DAF Meydan #26 - Disposable Guide: Meetings and
Demonstrations Freedom Guide (tr) [machine translation]
Functioning in the capitalists from time to time, but can be used free of sharing and
solidarity information will not knitted anything in the world ... ---- Often in their
statement of public administrators "unauthorized demonstration" style expressions seem to
be used. Attached to the permission to do shows or walk? ---- The European Court of Human
Rights (ECHR), the right of assembly and demonstration in the effective functioning of the
democratic system to have a very important place and teeming with freedom of expression.
In this way, go against the dominant view in the community, the community to provide
different ideas, views and opinions of the power of individuals, regardless of their
wealth or status to ensure voiced in the public sphere and the minority has the
opportunity to defend the interests and opinions.
According to the Constitution, all unarmed, nonviolent and can be collected without prior
permission, shows can walk, you can participate in the meetings and demonstrations. The
use of these rights in Turkey are regulated in the Law on Meetings and Demonstrations.
According to "the right to everyone without prior permission and unarmed meetings and
demonstrations for the purposes of the law that criminalize nonviolent sahiptir4 as".
Therefore, meetings and demonstrations do not need permission to march.
Security forces cause "Do you have permission?" He asks, or "permission on the grounds
that" those who want to collect the breakup?
According to the Law, as previously planned meeting and walking 48 hours a charity
affiliated to the place where it is governor or district meetings held in advance
notification. Purpose of this statement is both ensure the safety of those who gathered
and maintain the traffic and landscaping. However, sometimes you may need to arrange
meetings and demonstrations against a sudden events. Warm it should be expected to react
to a hot show can be notified in such cases meaningless. That's when most of the police
"made the notification saying" have a warning about the disintegration of the community
are met in this case.
However, the Court, if notice is not given, although the urgency of peaceful meetings and
demonstrations and public order is not seriously threatened too, wants the authorities to
show a certain tolerance. In such a situation using force to deploy community police,
leading to the decision made on countries that violate this action. In other words, it
should allow meeting the notification requirement is met, the authorities of the meeting
because the show does not make it illegal meeting barışçıls and the lack of notification
does not disturb the public order. The Court has given Turkey a decision on these issues
has been underlined and even getirilmes rather than regulatory requirements prior to the
meeting, participants said the meeting would be accepted peacefully as long as they
continue to behave peacefully.
Is it possible to interfere with the freedom of assembly and demonstration?
The display any violent behavior, however, outweighs the dispersal of peaceful protesters
and demonstrations about their collection or other rights that may be required to protect
competing with him. Moreover, the interventions of police violence is not in such a
meeting must be proportional. For example, the methods such as verbal or physical strength
after the police should be required to disperse the crowd. In such a case the police's
gas, the use of force, such as pressurized water and batons, contacts detention rules in
the Constitution and the European Convention on Human Rights (ECHR) is secured by rights
means violation because it is disproportionate. Indeed, the Court has given judgment which
condemned Turkey on this issue.
Demonstrators can show as much as they want without police intervention?
Meetings and demonstrations should not disturb the barışçıls prevention and public order.
The protest camps or other non-permanent structures are shown in these activities fall
within the scope of freedom of assembly and may continue for several days.
Demonstrations will inevitably affect everyday life. Meetings and demonstrations, everyday
activities may disrupt or stop temporarily. Many meetings disrupts daily activities to
some extent. Streets and other public spaces, although vehicles and public transit routes
for pedestrians even if they, at the same time are also legitimate areas for meetings. The
police, instead of limiting the actions of participants in meetings and demonstrations
should aim to balance the conflicting needs of the users of public space.
For example, a show or walking because inevitably be processed normally if traffic will be
disrupted. According to the Court's case-law which is the natural result of a meeting and
demonstration. Disruption of traffic does not mean that the deterioration of public order
and does not eliminate the right to a legitimate meeting. Of traffic-related arrangements
it must be made by public administrators.
This guide has been prepared under the Istanbul Bilgi University Human Rights Law Research
Center by the Legal Assistance Network project.
http://meydangazetesi.org/gundem/2015/05/kullan-at-kilavuz-toplanti-ve-gosteri-yuruyusleri-ozgurlugu-rehberi/
