Turkey’s withdrawal from Istanbul Convention unlawful: top prosecutor

Turkey’s Office of the Chief Public Prosecutor of the Council of State conveyed a view on Turkey’s withdrawal from Istanbul Convention, stating that the procedure is unlawful and withdrawal decision should be annulled.

State Council Prosecutor Elmas Mucukgil conveyed her opinion on the lawsuit filed on behalf of Lawyer Lalezar Nergiz and 12 women from Kuşadası, stating that the withdrawal from the Istanbul Convention with Presidential Decree is unlawful and the decision should be reverted.

“The Presidential Decision regarding the termination of the contract was not in conformity with the law. The decision should be annulled,” Mucukgil stated in the opinion of the Office of the Chief Public Prosecutor, sent to the 10th Chamber of the Council of State on behalf of the Chief Public Prosecutor’s Office on Jan. 6 2022.

According to the report of Kemal Göktaş from KısaDalga online news media, Mucukgil underlined that according to the new constitution, “No presidential decrees shall be granted on matters explicitly regulated by law. In case of a conflict between presidential decrees and the laws due to differences in provisions on the same matter, the provisions of law shall prevail. In case the Turkish Grand National Assembly introduces a law on the same matter, the presidential decree shall become null and void.”

In the opinion, it was stated that “Considering Articles 87 and 90 of the Constitution, the Presidential Decree No. 9, which is based on the President’s decision to withdraw, will not give the President the authority to withdraw from international conventions on fundamental rights.”

Mucukgil stated that it is not possible to issue a presidential decree on issues that are foreseen to be regulated by law and that it is among the duties and powers of the parliament to legislate, amend, abolish and approve international agreements.

In the opinion, Mucukgil stated that the repeal of international agreements duly put into effect is also subject to the same procedure; therefore, parliamentary regulates the repeal or annulment of international treaties that have the force of law.

Turkey withdrawn from the convention that protects women and vulnerable groups against violence and ensures their protection in March 2020 with a presidential decree. Although the Istanbul Convention was ratified in the Parliament, Turkey left the contract with the Presidential decree, and the decision was brought to the judiciary. The 10th Chamber of the Council of State rejected the request for a stay of execution, and the objections were not accepted. Thereupon, the main discussion of the file was started.

Turkey was the first country to sign the convention in May 2011.