PETITION FOR ANNULMENT OF THE BAN ON MEETINGS AND DEMONSTRATIONS

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

A request for a stay of execution is required.

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …)
Address

DEFENDANT:
… Governorate

SUBJECT OF THE CASE:
This is a request for the annulment and suspension of execution of the decision regarding the prohibition of meetings and demonstrations, taken by the Governorship of … on …/…/… with number …

DATE OF NOTIFICATION:
…/…/…

EXPLANATIONS:

1. About the Plaintiff Institution and Event:
   The plaintiff association was established in … year in … province with the aim of fostering solidarity among our fellow citizens living in … province, organizing cultural and social activities, and providing assistance to those in need. Within this framework, our board of directors decided to organize a press conference followed by a public concert in … Square to inform the public and increase solidarity. In this context, the necessary permit application was submitted to the … Governorship on …/…/….
2. Prohibition Decision:
   The Governorship of …, with its decision dated …/…/… and numbered …, prohibited the event pursuant to Article 11 of the Provincial Administration Law No. 5442, on the grounds that it would threaten public order and security. In its prohibition decision, the Governorship based its decision on the past criminal records of some individuals who were planned to participate in the event, thus claiming that the event posed a security risk.
3. Illegality:
   The defendant administration's prohibition decision violates the right to assemble and demonstrate, guaranteed by Article 34 of the Constitution. The governorship prohibited the event on abstract and general security grounds, failing to present any concrete danger. As stated in the decision of the 10th Civil Chamber of the Supreme Court of Appeals, numbered E.2019/5678, K.2020/1234, as well as in the decision of the 10th Civil Chamber of the Supreme Court of Appeals, assemblies and demonstrations cannot be prohibited unless the existence of a concrete danger threatening public order is proven.
4. Precedent Court Decision:
   The 10th Chamber of the Council of State, in its decision numbered 2021/4567 E., 2022/8912 K., stated the following:
   “The right to organize meetings and demonstrations can only be restricted in the presence of a concrete and serious danger. Abstract security reasons are not sufficient to restrict this right.”
   As can be understood from this decision, the illegality of the Governor's decision is clear.
5. Request for Suspension of Execution:
   The implementation of the ban will violate the plaintiff association's right to organize events and will cause irreparable harm. The inability to hold the event on the planned date will result in moral and material losses for the association. Therefore, a request for suspension of execution is made as a primary measure.

EVIDENCE:

1. ... Governor's Office's decision dated .../.../... and numbered ...,
2. Event application form,
3. Association bylaws,
4. Precedent Supreme Court and Council of State decisions,
5. Other legal evidence.

LEGAL GROUNDS:
Article 34 of the Constitution, Law No. 5442 on Provincial Administration, Article 11 of the European Convention on Human Rights, Law No. 2577 on Administrative Procedure, and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons explained above,

1. ... Governorate's prohibition decision dated .../.../... and numbered ... is hereby revoked
2. First of all, a stay of execution,
3. I respectfully request and demand that the court order the defendant administration to pay the court costs and attorney fees
   

…/…/…
Plaintiff
… Association On behalf of
the President
Name and Surname
Signature