Administrative court: Ban on Kurdish theater play complies with the law

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The İstanbul 10th Administrative Court has dismissed the lawsuit filed by the Media and Law Studies Association (MLSA) demanding the stay of execution of the ban imposed by the İstanbul Küçükçekmece Sub-Governor's Office on Bêrû (Faceless), a theater play to be performed in Kurdish by the Teatra Jiyana Nû (New Life Theater - TJN), on October 14, 2020.

Handing down its ruling on May 31, 2021, the administrative court has argued that the TJN theater group is affiliated with the Mezopotamia Cultural Center (MKM) and that the MKM is "affiliated with the Kurdistan Workers' Party (PKK) terrorist organization."

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Court held a hearing on May 31

The administrative court held a hearing to examine the lawsuit filed by the MLSA. Zelal Pelin Doğan, one of the attorneys of the MLSA, attended the hearing and demanded the removal of the ban. The court adjourned the hearing to announce its ruling at a later date.

Giving the ruling on the day of the hearing, the İstanbul 10th Administrative Court has concluded that the theater play was banned on the grounds of "the necessity to grant a wide discretionary power to the administration assigned with doing public service in order to maintain national security and the continuity of the state, as required by the sensitivity of the issue."

As reported by the MLSA, the administrative court has argued that the related ban on the theater play "aimed to prevent support for the structures affiliated with terrorism and support for terrorism."

Alleged 'terror-affiliation' of cultural center

The ruling of the administrative court has also quoted some parts from the minutes taken down by security officers on the day when the play was banned; it has also listed some concerts and theater plays that have been staged by the Mesopotamia Cultural Center (MKM) since 2014.

In the related minutes, it was alleged that staging theater plays on days such as March 8 Women's Day and March 21 Newroz indicates that the MKM and the TJN theater group are "affiliated with the PKK/KCK [Kurdistan Communities Union] terrorist organizations." The minutes also claimed that "the revenue to be obtained from the play would be used in activities aiming to support the separatist terrorist organization."

The MLSA will take the ruling to the appeals court.

Actor Ömer Şahin also filed a lawsuit

After the Kurdish theater play was banned by the İstanbul Küçükçekmece Sub-Governor's Office, Ömer Şahin, one of the actors of the play, appealed to the İstanbul 10th Administrative Court via his attorneys and filed a lawsuit demanding the stay of execution of the ban.

Lawyer Ramazan Demir told bianet that in the event of negative rulings to be handed down by local courts and the Constitutional Court, they would appeal to the European Court of Human Rights (ECtHR).

Actor Ömer Şahin also requested "5,000 Turkish Lira (TRY) in pecuniary damages for their business and income losses and 10,000 TRY in non-pecuniary damages for their immaterial losses."

What happened?

After the İstanbul Metropolitan Municipality (İMM) City Theaters made an announcement to support private theater groups amid pandemic, the TJN applied with two theater plays. "Bêrû" (Faceless) by Dario Fo from Italy was approved by the Theaters and it was planned to be staged in Gaziosmanpaşa Theater Hall of the City Theaters.

While the play was scheduled for October 13, it was banned by the Gaziosmanpaşa Sub-Governor's office a few hours before it was staged.

On November 13, the Urfa Governor's Office in southeast also imposed an indefinite ban on the play in the city center and all districts of the city.

Dari Fo's play was translated into Kurdish by Dilawer Zeraq. Directed by Nazmi Karaman, the play's actors and actresses are Rugeş Kırıcı, Ömer Şahin, Rewşan Apaydın and Cihat Ekinci. (FD/SD)