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Türkiye
2017
LEOM
Referendum
To provide for an effective means of redress of referendum disputes, the legal framework should be amended to provide the right to review SBE decisions by an independent judicial body.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Türkiye
2017
LEOM
Referendum
To ensure voters are able to vote free from intimidation and fear of retribution, the police presence in and around polling stations should be limited to ensuring public order and safety.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Referendum Day
Türkiye
2017
LEOM
Referendum
To facilitate access to the results and increase confidence in the process, the SBE could consider publicly releasing preliminary data by BBC during tabulation. To enhance transparency, results protocols could contain more detailed information, including the number of invalid ballots.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Day
Türkiye
2014
LEOM
Presidential
It is recommended to review the LPE and the Law on Basic Provisions with the aim of harmonization and to address inconsistencies, gaps, and ambiguities. Furthermore, these laws should together comprehensively and sufficiently regulate presidential elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Türkiye
2014
LEOM
Presidential
The SBE should refrain from adopting regulations that overstep its regulation-making authority and conflict with the legislation. Furthermore, to guarantee that elections are administered in accordance with the law and in a transparent manner, the SBE should ensure that its decisions are based on relevant legislation and that written decisions provide a sufficient legal basis.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Türkiye
2014
LEOM
Presidential
To increase transparency of the SBE and lower level electoral boards, it is recommended that the legislation require that all regulations and decisions of the election administration be made publicly available, including being posted on the SBE website, and that meetings of all electoral boards are open to the media and observers.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2014
LEOM
Presidential
It is recommended that parliament fully implement the ECtHR decision on prisoners’ voting rights to ensure that the loss of voting rights for convicts is proportionate to the crime committed and the imposed sentence, and that convicts’ rights are automatically restored on release from prison. Furthermore, the ban on voting rights for conscripts and cadets could be repealed to bring the Constitution in line with international obligations.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Türkiye
2014
LEOM
Presidential
The authorities should consider developing safeguards to ensure a clear separation between the State and party, so as to prevent candidates from unduly using the advantage of their office for electoral purposes, as required by paragraph 5.4 of the 1990 OSCE Copenhagen document. Moreover, public officials should refrain from misusing their public positions and of state resources for partisan ends.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Environment
Türkiye
2014
LEOM
Presidential
The legal framework should be amended to bring it in line with international obligations on freedom of expression, including the decriminalization of related offences. In addition, all media-related cases should be dealt with by the respective institutions in compliance with Article 10 of the European Convention on Human Rights on freedom of expression and relevant ECtHR case law.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2014
LEOM
Presidential
The Law on Broadcasting should be amended in order to provide for a precise definition of “impartiality” in the context of broadcasting.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
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