MLSA - In a landmark decision published today in the Official Gazette, the Constitutional Court of Turkey has nullified the powers granted to the Interior Minister to temporarily remove associations' boards, halt their activities, and appoint trustees. These powers were introduced in the "Law on Preventing Financing of Proliferation of Weapons of Mass Destruction," also known as the New Associations Law, passed in 2020. The court ruled that these authorities violated the freedom to establish associations.
The Constitutional Court examined the provision that allowed the Interior Minister to dismiss the boards of associations and appoint trustees in their place. The court's unanimous decision stated, "Thus, the restriction on the freedom to form associations by appointing replacements for the dismissed members of the association and its organs, upon the request of the governor and through a decision of the civil court of peace, cannot be said to meet a necessary social need." The ruling emphasized that the legislation infringed upon the constitutional right to form associations. The decision will come into effect nine months after its publication in the Official Gazette.
This ruling is seen as a significant step towards safeguarding civil liberties in Turkey, a country where the freedom to establish associations is enshrined in the constitution. The 2020 law had been a subject of contention, with critics arguing that it gave the government undue power over civil society organizations under the guise of preventing financing for the proliferation of weapons of mass destruction. The Constitutional Court's decision reinforces the importance of the freedom to form associations, crucial for a vibrant civil society and democracy.
