Turkey’s Constitutional Court has ruled that the ban on demonstrations in Taksim Square on 1 May, Labour and Solidarity Day, is unconstitutional. The court made this ruling in response to a legal complaint regarding the denial of permits for 1 May celebrations in 2014 and 2015, which led to harsh police crackdowns on participants.
In its decision on the 2016 application, the Constitutional Court concluded that the ban on Taksim Square imposed by the Istanbul Governor’s Office violated the “right to organise and hold demonstrations” guaranteed by Article 34 of the Constitution. The decision was made by a majority vote with one dissenting vote. The ruling was published in Saturday’s edition of the Official Gazette.
In its detailed decision, the Constitutional Court emphasised that the exclusion of Taksim Square from the designated areas for meetings and demonstrations was not a sufficient justification. It stated: “The categorical prohibition of the freedom to choose a location is not acceptable from a constitutional point of view, taking into account the importance of the location for the achievement of the intended goals”.
Referring to the 1977 Taksim Square massacre, an attack on left-wing demonstrators on May Day that left around 40 people dead, the court underlined the “shared memory” and “symbolic value” of the square for workers and labourers. The court argued: “Therefore, Taksim Square does not only signify the solidarity of those who were present on 1 May, but it also demonstrates the collective memory of the workers. Restricting this space limits the expression of the intended idea”.
Since 2013, Taksim Square has been subject to a ban on the large May Day celebrations. The court pointed out that after 1 May was officially declared a Labour and Solidarity Day by Turkish law in 2009, celebrations were allowed in Taksim in 2009, 2010, 2011 and 2012 without any unwanted incidents. However, in 2013, restrictions were imposed on demonstrations in the square, with only a limited number of trade union representatives allowed to participate. The court’s decision argued that this circumstance was considered “insufficient”. The decision emphasised that the previous peaceful May Day demonstrations in the square contrasted with the restrictions imposed in 2013, and therefore these restrictions were not sufficiently justified.
The decision was sent to the Istanbul Governor’s Office, the Istanbul Provincial Police Directorate and the Istanbul Chief Public Prosecutor’s Office in order to prevent similar violations.
