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Location: Türkiye
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Türkiye
2023
EOM
Presidential
and Parliamentary
To provide a basis for the conduct of fully democratic elections, constitutional reform should ensure broad guarantees for fundamental rights and freedoms and independence of the judiciary. The legislative framework should be amended to be consistent with fundamental freedoms of association, assembly, expression, and electoral rights.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Türkiye
2023
EOM
Presidential
and Parliamentary
The legislation should be amended in line with previous ODIHR recommendations to address substantive shortcomings and gaps, including regulation of a presidential election second round. The amendment process should provide a coherent legal framework, involve inclusive public consultation and seek political consensus.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Türkiye
2023
EOM
Presidential
and Parliamentary
In order to enhance transparency and increase public trust, election administration bodies should hold sessions open to the public and publish information of public interest in a timely and consistent manner, including all agendas, decisions and detailed data on complaints and objections.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Türkiye
2023
EOM
Presidential
and Parliamentary
As previously recommended, the voting rights of students in military schools and conscripts should be reinstated and restrictions on prisoners’ voting rights should be proportionate to the crime committed. The election legislation should be harmonized with the objectives of CRPD to ensure full voting rights for persons with intellectual disabilities.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Türkiye
2023
EOM
Presidential
and Parliamentary
Consideration could be given to introducing temporary special legislative measures to promote women candidates, including gender quotas and requirements for placing women in winnable positions. Additionally, political parties should consider taking voluntary measures to promote greater participation of women in their parties, including to assess the barriers to women’s participation, and address all forms of gender-based discrimination.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Party and Candidate Registration
Türkiye
2023
EOM
Presidential
and Parliamentary
Authorities should take necessary measures to ensure that campaigning is conducted in an atmosphere free from intimidation and fear of retribution and in an environment where fundamental freedoms are fully respected.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Türkiye
2023
EOM
Presidential
and Parliamentary
To ensure conditions for an equitable campaign environment, consideration could be given to provide that all campaign prohibitions, including the misuse of administrative resources, apply from the calling of the elections. The law should ensure equal application of campaign rules to all contestants, and regulate that the incumbent president should not enjoy undue advantages. Authorities should put in place measures to ensure a clear separation between the State and party to prevent candidates from using the advantage of their office for electoral purposes, including an effective sanctioning mechanism against the misuse of administrative resources, and undertake effective campaign oversight by conducting thorough investigations of all campaign-related offences.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral Campaign
Türkiye
2023
EOM
Presidential
and Parliamentary
To align the campaign finance framework with international good practice and GRECO recommendations, authorities should address noted gaps and ambiguities. In particular, the authorities could consider establishing periodic, timely and transparent reporting of campaign contributions and expenditures, timely publishing of such reports including before election day, and providing a clear oversight and monitoring mandate to a qualified independent institution. Furthermore, proportionate and dissuasive sanctions for breaches of campaign finance regulations could be introduced.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Türkiye
2023
EOM
Presidential
and Parliamentary
The legal framework should be revised to align it with international standards on freedom of expression, including the decriminalization of defamation and libel, the abolition of special protection for the honour of public officials, including the president, the elimination of criminal prosecution for spreading false information, and the liberalization of anti-terrorism laws and their application.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2023
EOM
Presidential
and Parliamentary
Any restrictions on access to online content should be based on precise and exhaustive legal grounds and conform to the principles of necessity and proportionality, as outlined in international standards. The power to restrict access should rest exclusively with the judiciary. A register of any blocked websites or social network posts or accounts should be publicly available.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
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