The Constitutional Court of Turkey ruled against specific provisions of the Law on Preventing Financing of Weapons of Mass Destruction, which had granted the Interior Ministry the authority to appoint trustees over non-governmental organisations (NGOs), suspend their activities and temporarily remove NGO officials from positions.
This law, criticised for its broad and vague terms, was found to infringe upon several constitutional rights, including the freedom of association and the right to protect personal data.
Key aspects of the court’s decision, made on 18 January 2024 and published in the Official Gazette on Wednesday, focused on the protection of personal data and the autonomy of NGOs. It highlighted that the mandatory provision of information and documents to the Commission, as required by the contested law, violated the constitutional rights to privacy and data protection, as it lacked sufficient legal safeguards for the handling of personal data.
Furthermore, the court addressed the law’s provisions regarding the temporary removal of NGO officials and the halting of NGO activities, noting the absence of a clear limit on the duration of such measures. This was deemed a disproportionate and therefore unconstitutional restriction on the freedom to form associations.
By annulling these provisions, the Constitutional Court effectively curtailed the government’s ability to interfere in the internal affairs of NGOs under the guise of preventing the financing of weapons of mass destruction.