The fifth hearing of the case took place at the Istanbul 8th Civil Court of Peace. The Tarlabaşı Community Support Association, a non-governmental organization operating in the Beyoğlu district of Istanbul, was represented by its lawyers, while the Ministry of Family and Social Services and the Istanbul Governorship’s lawyer were present for the plaintiff.
Background: The "declaration of non-existence" lawsuit aimed to legally establish that the TTM should be considered non-existent, effectively nullifying its legal status. This type of lawsuit can be brought against organizations if they are believed to be operating illegally or not fulfilling their legal requirements.
Previously, the court requested the case file from another ongoing lawsuit at Istanbul 18th Civil Court of First Instance, which sought the closure of the TTM. This file was to be sent through the National Judiciary Informatics System (UYAP) for review.
During today’s hearing, it was confirmed that the file had been reviewed. The plaintiff’s lawyer argued that the lawsuit at Istanbul 18th Civil Court of First Instance should be treated as a preliminary issue in this case.
TTM’s lawyer, Sevgi Kalan Güvercin, opposed this, stating, "The legal bases of this case and the case being considered as a preliminary issue are different. We request the dismissal of this case based on the expert report."
The court concluded that the legal grounds of the case at Istanbul 18th Civil Court of First Instance and the current lawsuit were different and that considering the other case as a preliminary issue would not impact the merits of this case. Therefore, the request to treat the other case as a preliminary issue was rejected.
Ultimately, the court dismissed the "declaration of non-existence" lawsuit against the Tarlabaşı Community Support Association.
