Court overturns ban on Kurdish concert, citing rights violations

Istanbul's 6th Administrative Court has overturned a ban on a Kurdish concert, citing violations of freedom of expression and artistic rights.

The court annulled the Kadıköy District Governorate's decision to ban the Mesopotamia Cultural Center's (MKM) "Berbang (Tan Time)" 30th anniversary concert.

MKM's lawyers had challenged the ban as unlawful and in violation of rights. The court cited constitutional provisions on restricting rights and noted that freedom of expression and the arts are necessities of democracy.

MKM co-director Veysel Ok said it was probably the first ruling that found a ban on Kurdish art violated the right to freedom of expression. In recent years, Kurdish and other artists have faced unfounded bans on events, Ok said.

The court stopped unjustified, unlawful bans and defended the right of expression for all of society, Ok argued. The decision sets a precedent that other bans are also illegal, he said, urging local authorities to stop censoring art.

The court found no clear, imminent danger of crime, although the governorate cited an HDP social media post as evidence of planned criminality.

Citing European Court of Human Rights precedent, the court said freedom of expression protects even offensive, shocking ideas as necessities of pluralism and tolerance.

Radical measures to restrict expression and the arts harm democracy, the court said. Patience and tolerance are required for peaceful, nonviolent assembly that does not threaten public order.

The court also cited a Constitutional Court ruling that individuals must be protected from arbitrary interference with guaranteed rights of assembly.

The court ordered the district governorate to pay MKM 39,368 liras in compensation for the illegal ban.