Council of State requests Presidency’s defense for withdrawing from İstanbul Convention

"Stop murderers, not women" (by csgorselarsiv/Dilara Açıkgöz)

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The 10th Chamber of the Council of State has reportedly requested defense in the lawsuit demanding the stay of execution and annulment of the Presidential decision pulling Turkey out of the İstanbul Convention by President and ruling AKP Chair Recep Tayyip Erdoğan.

The decision in question said that "the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, which was signed by Turkey on May 11, 2011 and approved with the Cabinet Decree no. 2012/2816 on February 10, 2012, shall be terminated on the part of Turkey as per the Article 3 of the Presidential Decree no. 9."

As indicated here, the related Presidential decision published in the Official Gazette on March 20, 2021 was issued by President and AKP Chair Erdoğan based on the Article 3 of the Presidential decree no. 9, which gives the President the authority to ratify international treaties.

It will be concluded following the defense

Several people and institutions have so far appealed to the Council of State and requested the stay of execution and annulment of Erdoğan's decision of withdrawal. Among these organizations are the main opposition Republican People's Party (CHP), bar associations and women's organizations. Hearing the case, the 10th Chamber of the Council of State has demanded the Presidency's defense statement before a decision of stay of execution.

As reported by Alican Uludağ from Ankara Gazetecisi news website, the Council of State has asked the Presidency for its defense for the reasons behind the withdrawal as to both merits and procedure.

Following the defense statement to be sent by the Presidency, the 10th Chamber of the Council of state will first finalize the requests for the stay of execution and then the requests for annulment.

What happened?

The Council of Europe Convention on preventing and combating violence against women and domestic violence - the İstanbul Convention - was opened for signature in İstanbul on May 11, 2011. Turkey became the first country to ratify the Convention in 2012, followed by 33 other countries from 2013 to 2019. The Convention came into force on August 1, 2014.

Turkey has withdrawn from the İstanbul Convention with a Presidential decision published in the Official Gazette on March 20, 2021.

The decision in question said that "the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, which was signed by Turkey on May 11, 2011 and approved with the Cabinet Decree no. 2012/2816 on February 10, 2012, shall be terminated on the part of Turkey as per the Article 3 of the Presidential Decree no. 9."

Following this Presidential decision published at midnight, several social media users, women's rights defenders, lawyers and politicians, denounced the decision, recalling that the convention was unanimously approved at the Parliament and stressing that it is not possible for Turkey to withdraw from an international convention with a Presidential decision.

After the Presidential decision pulling Turkey out of the İstanbul Convention was met with criticisms and objections in both Turkey and around the world, the Communications Directorate of the Presidency released a written statement about the issue on March 22.

"As known, Turkey was the first signatory to the Istanbul Convention," the statement noted, arguing that the "İstanbul Convention, originally intended to promote women's rights, was hijacked by a group of people attempting to normalize homosexuality – which is incompatible with Turkey's social and family values. Hence the decision to withdraw."

The protests are still ongoing. (EMK/SD)