Elif Akgül
June 10, 2024 - A court has recently dismissed a "declaration of absence" case against the Tarlabaşı Community Support Association (TTM), but the "dissolution of the association" case against the organization is still ongoing. What led to the targeting of TTM?
TTM's lawyers, Sevgi Kalan and Buse Karataş, explained the situation to MLSA.
Kalan started by saying, “Since June 2021, the association became a target primarily due to Özlem Doğan's social media posts and articles in Milat Newspaper, as well as other social media posts and news.”
The campaign against TTM
In Milat newspaper’s front-page articles, TTM was accused of activities such as “sexuality workshops for children,” projects with KAOS GL, and “LGBT+ and PKK propaganda.” Kalan noted, “TTM’s activities were distorted with false statements in these posts and articles, which frequently used hate-filled language. Members and participants of the association were openly targeted and received threats.”
Following these posts, TTM underwent numerous inspections between June and September 2021.
Inspection reports reveal the basis for lawsuits
The inspection in July-August 2021 involved reviewing the past five years of TTM’s activities. The report resulting from this inspection became the basis for the dissolution case against TTM. It stated that the association's activities were illegal and recommended its dissolution and cessation of activities. This led to the Istanbul Chief Public Prosecutor’s Office filing the dissolution case on May 18, 2022.
A second case, the "declaration of absence," was initiated following a September 2021 inspection report. It claimed that TTM was essentially a project run by Istanbul Bilgi University and that once the project ended, it was impossible for TTM to fulfill its founding purpose. Consequently, the Istanbul Governor’s Office filed the “declaration of absence” case on April 14, 2022.
Inconsistencies and lack of legal basis
Lawyer Karataş emphasized that despite the inspections being completed, the reports were only revealed during the lawsuits. She argued that the "declaration of absence" case was baseless since TTM’s charter outlined current and ongoing objectives, and its activities were aligned with these goals.
Similarly, lawyer Kalan noted that the allegations in the dissolution case lacked legal justification. She explained, “The claims of 'unlawful and immoral activities' and 'criminal acts' mentioned in the report have no legal basis for TTM.”
Kalan also highlighted the inconsistency of filing both "dissolution" and "declaration of absence" cases simultaneously.
Chilling effect on civil society
“The targeting of TTM, the inspections, lawsuits against its administrators, and the two cases for its closure have had a restrictive impact on civil society in Turkey,” said Karataş, noting that this process has created a deterrent effect on individuals and organizations working in civil society.
Karataş pointed out that the legal actions against TTM are a typical example of Strategic Lawsuits Against Public Participation (SLAPPs), which are recognized by the Council of Europe and the European Parliament as lawsuits aimed at stifling public participation and advocacy.
Kalan warned that a decision to dissolve the association would be a disproportionate and unforeseeable interference with TTM’s freedom of association, making this interference permanent.
