The Court of State ratifies withdrawal from Istanbul Convention

Türkiye’s 10th Chamber of the Council of State rejected the cases filed against the 2021 Presidential Decree that withdraws Turkey from Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, aka Istanbul Convention, on July 19 decision.

A 5-member state court voted for the ratification of the Presidential Decree with 3 to 2 votes. 

Türkiye withdrew from the Istanbul Convention, with the Presidential Decree signed by President Recep Tayyip Erdoğan on March 20, 2021. This decision was conveyed to the European Council on Monday, March 23, 2021. The country was the first signotarate of the convention which was signed in 2011 in Istanbul. 

After the decree, non-governmental organizations and political parties, especially women’s organizations and bar associations, filed over 220 lawsuits to the Council of State for the annulment of the decision. 

The cases were heard in the 10th Chamber of the Council of State in four different hearings where the women associations underlined the fact that the international convention was signed by the approval of the Grand National Assembly and its annulment with the Presidential Decree is unlawful. They emphasized the impact of the decision on women as femicide is taking more lives every day. 

“Council of State judges make decisions against their will”

At the last hearing, held on June 23, the Prosecutor of the Council of State also demanded that the decree to withdraw from the convention was not in accordance with the law and that the annulment request be accepted.

President of the Federation of Women’s Associations of Turkey, Canan Güllü, stated that the decision raises a question mark about the legal system in Turkey.

“We witnessed the disappearance of the law in the 12 September period. The point that we reached at this process is plain unlawfulness. Judges of the Council of State make decisions outside of their own free will. This is what can be deduced from this decision,” she said on July 19 to YetkinReport after the decision.

Güllü added that women will continue to defend the Istanbul Convention.

The decision of the Council of State is not final. There is a right of appeal to the Council of State Administrative Litigation Chambers.