A Turkish court has overturned the Adana governorate's ban on a Kurdish-language concert, marking a significant victory for free expression and minority rights in Turkey. The concert, organized by the Mesopotamia Cultural Center (MKM) to celebrate its 30th anniversary, was originally scheduled for Oct. 24, 2021, in Adana, a city in southern Turkey. However, the Adana Governorate prohibited the event, citing security concerns. The legal challenge to this ban, spearheaded by the Media and Law Studies Association (MLSA), has finally culminated in a ruling that deemed the prohibition unjustifiable.
The initial lawsuit filed by the MLSA's Legal Unit against the ban was dismissed by the Adana Administrative Court on Oct. 12, 2022. Following an appeal by the MLSA, the Adana Regional Administrative Court annulled the governorate's decision, stating that it "eliminated the essence of the right" to freedom of expression. Veysel Ok, Co-Director of the MLSA and lawyer representing MKM, highlighted the importance of the ruling, emphasizing that governorates cannot make decisions that undermine the foundational rights of individuals.
This is not the first instance where MLSA has successfully contested bans on Kurdish cultural events. Last year, the association overturned a similar prohibition by the Kadıköy District Governorate against an MKM concert. Ok noted that Kurdish concerts have been increasingly banned in recent years for legally unjustifiable reasons, undermining the core of freedom of expression. He also recalled a previous case where a concert organized by MKM in Istanbul was cancelled, stressing that the recent verdict from the Adana Regional Administrative Court reaffirms that governorates do not have the authority to fundamentally restrict rights and freedoms.
The appellate court clarified that while it is the administration's duty to take security measures, canceling a concert for security reasons without legitimate grounds infringes upon constitutional and European Convention on Human Rights protections of freedom of expression and assembly. The court's decision emphasized that the administration could intervene in events if they exceed their intended purpose or become dangerous but cannot cancel them arbitrarily without just cause.
Furthermore, the MLSA recently reported to the Council of Europe's Committee of Ministers that since 2019, at least 28 Kurdish-language events have been banned across 16 cities in Turkey, including 18 concerts, eight theater plays, one stand-up comedy show, and one literary talk, highlighting a broader issue of restrictions on cultural and linguistic expression in the country.
