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Türkiye
2017
LEOM
Referendum
The constitutional and legislative framework should be reviewed and amended to ensure broad guarantees of fundamental rights and freedoms, only permitting restrictions that have the character of an exception and that are proportionate to a legitimate aim and necessary. State of emergency legislation should ensure that rights and freedoms are only limited to the extent strictly necessary for the exigencies of the emergency.
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:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
The process of drafting and adopting constitutional amendments should fully respect the parliamentary procedures and be based on an inclusive and transparent process. Proposed amendments should be fully in line with Turkey’s international commitments on democracy, human rights and the rule of law.
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:
Background and Political Context
Türkiye
2017
LEOM
Referendum
In the context of referenda, consideration should be given to ensuring free and equal participation of all stakeholders, including civil society, in all aspects of the process.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Party Registration and Participation in Referendum
Türkiye
2017
LEOM
Referendum
To ensure a framework that provides for the conduct of genuinely democratic referenda, the authorities should consider amending the constitution and relevant legislation. Amendments to the law should provide guarantees for the full participation of all stakeholders and equal opportunities and conditions for proponents and opponents in all aspects of the referendum process. Further, to enhance clarity of the framework, the SBE could fully exercise its regulatory authority in a manner consistent with the law.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
To enhance the integrity and public confidence in the process, authorities should implement safeguards to ensure a clear separation between the State and parties, and prevent public officials, including the president, from using the advantage of their office for campaigning purposes. Civil society and professional associations should be permitted to conduct civic education activities on referendum proposals.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign
Türkiye
2017
LEOM
Referendum
Authorities should refrain from applying anti-terrorism legislation to prosecute journalists based solely on the content of their reporting. When prosecuted, charges should be fully substantiated and pre-trial detention should remain the exception and limited in time.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2017
LEOM
Referendum
Referendum day procedures, particularly on counting should not be subject to changes on referendum day. All potential violations with regard to the implementation of referendum day procedures should be thoroughly investigated.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Day
Türkiye
2017
LEOM
Referendum
To further facilitate the expression of a voter’s will, proposed constitutional changes that are not directly linked could be presented as distinct questions, which can be separately answered.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
The authorities should refrain from using emergency decrees to amend the legal framework for referenda and elections, and the Constitutional Court should exercise its jurisdiction to consider if decrees go beyond the exigencies of the emergency. The safeguard of not enforcing legislative changes within one year of adoption should be adhered to, in line with international good practice.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
To increase public confidence in the work of the referendum administration, the SBE could consider measures to enhance transparency, including promptly publishing all decisions, including those on complaints and appeals, making board sessions open to observers and the media and publishing session agendas in advance.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Administration
Türkiye
2017
LEOM
Referendum
Consideration could be given to introducing a system that provides for balanced representation of the proponents and opponents of proposed amendments in the referendum administration and allowing non-political party stakeholders to submit nominations.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Administration
Türkiye
2017
LEOM
Referendum
Voting rights for military students and conscripts should be reinstated and other blanket restrictions on suffrage rights should be reconsidered. The election legislation should be harmonized with the objectives of the CRPD, to ensure the full voting rights of persons with mental disabilities, including the right to request assistance to vote from a person of their choice. Disenfranchisement of prisoners should be proportionate to the crime committed
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Türkiye
2017
LEOM
Referendum
To ensure an equitable campaign environment, consideration could be given to extending the more stringent campaign prohibitions, including on the misuse of administrative resources and official positions, to apply for the duration of the pre-referendum period.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign
Türkiye
2017
LEOM
Referendum
To enhance voters’ ability to make an informed choice and in accordance with international good practice, the state could consider providing impartial or balanced information on proposed amendments and their potential impact ahead of referendum day.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign
Türkiye
2017
LEOM
Referendum
Authorities should undertake effective campaign oversight and conduct thorough investigations into all campaign-related offences, including interference in campaign activities, threats and intimidation, and the misuse of administrative resources. Campaign regulations should be fully enforced and perpetrators prosecuted for applicable criminal and administrative offences.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign
Türkiye
2017
LEOM
Referendum
In line with international good practice and previous OSCE/ODIHR and GRECO recommendations, authorities could consider establishing periodic, timely and transparent reporting of campaign income and expenditures, and require the timely publication of the reports. In addition, consideration could be given to enhancing the effectiveness of oversight, introducing campaign spending limits, and requiring the establishment of dedicated bank accounts for campaign-related transactions.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Türkiye
2017
LEOM
Referendum
The legal framework should be amended to bring it in line with OSCE commitments and international obligations to ensure full protection of the principle of freedom of speech and the press and to decriminalize defamation, libel, and insult of state officials.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2017
LEOM
Referendum
In line with the principle of equal opportunity, authorities could consider elaborating guarantees for equal access to public and private media for the proponents and opponents of the referendum, and for impartiality of their coverage.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2017
LEOM
Referendum
Requirements for impartial coverage of the campaign by both public and private media must be fully enforceable. An appropriate body should be given the authority in law to oversee media coverage of the campaign with the power to apply sanctions.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2017
LEOM
Referendum
The legislation should be amended in accordance with OSCE commitments and international good practice and explicitly provide for international and citizen non-partisan observation.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Citizen and International Observers
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
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
Türkiye
2023
EOM
Presidential
and Parliamentary
To provide for effective means of legal redress, including challenges to the final election results, the legal framework should be amended to provide for an opportunity to seek timely review of SEC decisions by an independent judicial body. The Constitutional Court should have jurisdiction over SEC decisions on alleged violations of constitutionally-protected rights.
Recommendation # in final report:
11
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Türkiye
2023
EOM
Presidential
and Parliamentary
To ensure equality of the vote, the system of seat distribution should be reviewed to address the disproportion of the ratio of voters to parliamentary mandates.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System
Türkiye
2023
EOM
Presidential
and Parliamentary
Additional efforts are needed to introduce measures to provide for greater representation of women as chairpersons and members of election administration.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary 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
To ensure a comprehensive and cohesive legal framework for the elections, the SEC should adopt regulations that sufficiently supplement all aspects of the election legislation.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Türkiye
2023
EOM
Presidential
and Parliamentary
To ensure consistency in the implementation of the election process, the SEC should arrange timely, comprehensive, standardized and compulsory training for all members of PECs, DECs and BBCs, including members appointed by political parties.
Recommendation # in final report:
15
Type of recommendation:
Other
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
Consideration could be given to extending the period for scrutiny of voter lists, bringing the deadline for changes closer to election day, and to simplify procedures to facilitate voter participation.
Recommendation # in final report:
16
Type of recommendation:
Other
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
The discriminatory candidate eligibility requirements should be reviewed in line with international standards and commitments. The conditions for revocation and restitution of candidacy rights of convicts should be proportional to the crime committed.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Türkiye
2023
EOM
Presidential
and Parliamentary
In line with international standards and good practice, the legislative requirements for formation of political parties and on eligibility of political parties to contest the elections should be reviewed to enhance respect for freedom of association and promote pluralism.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Türkiye
2023
EOM
Presidential
and Parliamentary
The legal requirements for impartiality and unbiased coverage of contestants should be overseen by an independent media regulatory body, which should proactively ensure effective remedies for violations and act upon all complaints received in a timely manner. Systematic media monitoring throughout the entire campaign period can help the body ensure impartiality requirements are being met. The body should have the authority to issue formal decisions and all decisions should be promptly published.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2023
EOM
Presidential
and Parliamentary
To facilitate citizens’ access to impartial, and analytical information, the constitutionally guaranteed independence and impartiality of public broadcasters should be strengthened by independent and transparent appointments of its management, an independent editorial policy, and effective oversight. In line with international commitments, any favourable treatment of a contestant by public media should be treated as misuse of public funds and should be properly addressed.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2023
EOM
Presidential
and Parliamentary
The electoral dispute resolution framework should be reviewed to broaden the legal standing, establish a framework for campaign-related complaints, set appropriate deadlines for submission and resolution of complaints, and require public sessions for handling of the complaints.
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:
Election Dispute Resolution
Türkiye
2023
EOM
Presidential
and Parliamentary
To ensure legal certainty and consistency, the legislation should regulate the granting of requests for recounts and annulment of results at all levels of the election administration. To ensure a right to effective legal redress, the SEC should refrain from shortening legislative deadlines for the submission and adjudication of post-election complaints.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Türkiye
2023
EOM
Presidential
and Parliamentary
To increase the efficacy of the dispute resolution process, the SEC and lower-level electoral councils should increase efforts to substantively consider all complaints and objections and to provide well-reasoned and legally sound decisions. Furthermore, measures could be taken by the SEC and mid-level electoral councils to enhance transparency and public trust in the election dispute resolution process, including publishing all decisions on complaints as required by law.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Türkiye
2023
EOM
Presidential
and Parliamentary
The law should be amended to allow for international and citizen observation, in line with paragraph 8 of the 1990 OSCE Copenhagen Document. Observers should be granted access to all phases of the electoral process, including voting, counting and tabulation. Adequate regulations for the accreditation of observers should be introduced.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Observation
Türkiye
2023
EOM
Presidential
and Parliamentary
To encourage equal participation of persons with disabilities in elections, relevant authorities should allocate adequate premises for polling stations to provide easy independent access for voters with physical disabilities. Consideration could be given to revising the used assistive tools, facilitating unassisted voting for persons with visual impairments.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Day
Türkiye
2023
EOM
Presidential
and Parliamentary
Consideration could be given to reviewing election day procedures to ensure their effective and consistent application. Clear procedures for rectifying errors and discrepancies in result protocols should be established to ensure consistency and transparency in the process of results tabulation.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
Türkiye
2023
EOM
Presidential
and Parliamentary
The SEC should promptly publish the preliminary turnout data following the closing of the polls. To further enhance transparency and foster trust in the results tabulation process, the SEC should publish preliminary election results disaggregated per polling station in an accessible format, and consider making the scanned protocols available online.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Post-First Round Developments
Türkiye
2015
LEOM
Parliamentary
elections
Efforts should be undertaken to ensure the impartiality of the public administration, including of state and local government officials, which should address pressure on and protection for civil servants.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2015
LEOM
Parliamentary
elections
To enhance the integrity and public confidence in the electoral process, authorities should implement safeguards to ensure a clear separation between the State and parties to prevent public officials, including the President and candidates, from using the advantage of their office for electoral purpose.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
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
2018
Early election
EOM
Parliamentary
and Presidential
elections
In line with international obligations, the election administration should consider additional measures to ensure that voters with disabilities, including voters with the visual impairments, can vote independently.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
Türkiye
2014
LEOM
Presidential
To fully guarantee the right to campaign in any language, it is recommended that Article 81 of the Law on Political Parties be repealed or harmonised with the Law on Basic Provisions.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Participation of National Minorities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To increase the efficacy of the dispute resolution process, the SBE and lower-level boards should increase efforts to substantively consider all complaints and appeals and to provide reasoned decisions in line with the legislation.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
LEOM
Parliamentary
elections
Authorities could consider revising and simplifying election day procedures, including removing any steps that do not contribute substantively to the process, as well as updating election materials. Consideration should be given to introducing provisions to allow a voter to exchange a spoiled ballot.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The discriminatory candidate eligibility requirements on education and fulfilment of military service should be reviewed in line with international obligations. The conditions for withdrawal and restitution of candidacy rights of convicts should be proportional to the crime committed.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Party and Candidate Registration
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Authorities should consider a review of the eligibility requirements for candidates and the provisions on restoration of candidacy rights, to bring them in line with international obligations and good electoral practice. In addition, consideration could be given to amending the threshold to return the electoral deposit.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Türkiye
2015
LEOM
Parliamentary
elections
Authorities should consider review of the eligibility requirements for parliamentary candidates and the provisions on restitution of candidacy rights to bring them in line with international obligations and good electoral practice. In addition, consideration could be given to amending the provision on electoral deposits to establish a reasonable threshold for their return.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate Registration
Türkiye
2014
LEOM
Presidential
It is recommended that the eligibility requirements for presidential candidates and the provisions on restitution of candidacy rights be reviewed and amended to bring them in line with international obligations and good electoral practice. In addition, consideration could be given to amending the current provision requiring nominees to have support from members of parliament to broaden the opportunity for independent candidates to contest presidential elections.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate Registration
Türkiye
2015
LEOM
Parliamentary
elections
The SBE should adopt regulations that sufficiently supplement all aspects of the election legislation and that are within its regulatory authority, and issue decisions that are consistent with the law to ensure a comprehensive and cohesive legal framework.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To enhance the overall understanding of the electoral process, the SBE could consider conducting a comprehensive voter information campaign, including in languages other than Turkish.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2014
LEOM
Presidential
To ensure a fully democratic basis for the conduct of elections, the government is encouraged to resume the drafting of a new constitution, which should broadly guarantee fundamental rights and freedoms, in an inclusive public consultation process.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To provide a fully democratic basis for the conduct of elections, constitutional and legislative reform should ensure broad guarantees for fundamental freedoms of association, assembly, expression, and electoral rights.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework
Türkiye
2015
LEOM
Parliamentary
elections
To provide a fully democratic basis for the conduct of elections, the government is encouraged to ensure broad guarantees for fundamental rights and freedoms in the drafting of a new constitution. This process should take place in an inclusive public consultative manner. Legislation should be consistent with fundamental freedoms of association, assembly, and expression, and electoral rights.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To provide a fully democratic basis for the conduct of elections, the government is encouraged to ensure broad guarantees for fundamental rights and freedoms and the independence of the judiciary. Legislation should be amended to be consistent with fundamental freedoms of association, assembly, expression and electoral rights and be adopted in an inclusive and public consultative manner.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
LEOM
Parliamentary
elections
To enhance overall understanding of the electoral process, the SBE could consider preparing comprehensive voter information on various aspects of the elections, including voting procedures; and make it available in languages other than Turkish.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Consideration should be given to revising the system of determining mandates to ensure equality of opportunity between independent and political party candidates.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2014
LEOM
Presidential
Consideration could be given to establishing standardized training for members of the electoral administration at all levels.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2015
LEOM
Parliamentary
elections
The election administration could consider implementing comprehensive and standardized training for all BBC members.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2015
Early election
LEOM
Parliamentary
elections
The election administration could consider implementing a comprehensive and standardized training programme for all BBC members, including members appointed by political parties.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
An expenditure ceiling could be introduced to provide contestants with an equality of opportunity.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Consideration should be given to introducing temporary special legislative measures to promote women candidates, including gender quotas and placing women in winnable positions.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Party and Candidate Registration
Türkiye
2015
LEOM
Parliamentary
elections
Consideration could be given to introducing temporary special legislative measures to promote women candidates, including gender quotas and placing women in winnable positions. Political parties could consider nominating a minimum number of candidates of each gender.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate Registration
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Consideration could be given to introducing temporary special legislative measures to promote women candidates, including gender quotas and placing women in electable positions on party lists. Political parties could consider nominating a minimum number of candidates of each gender.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate Registration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Legal and administrative measures could be taken to promote women’s membership on election boards.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2014
LEOM
Presidential
To ensure an equitable campaign environment, it is recommended to amend the Law on Basic Provisions to provide that all campaign prohibitions, including on the misuse of administrative resources and official positions for campaign purposes apply for the duration of the electoral period, not only during the official campaign period.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Environment
Türkiye
2015
LEOM
Parliamentary
elections
To ensure an equitable campaign environment, consideration should be given to modify the legislation to provide that all campaign prohibitions, including on the misuse of administrative resources and official positions for campaign purposes, apply for the duration of the electoral period.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To ensure an equitable campaign environment, consideration should be given to modify the legislation to provide that all campaign prohibitions, including on the misuse of administrative resources and official positions for campaign purposes, apply for the duration of the electoral period.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To increase transparency in the election administration, meetings of electoral boards should be open to media and observers.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2015
LEOM
Parliamentary
elections
To enhance the election dispute resolution process, the law should establish a right for civil society organizations to lodge complaints, clear oversight of the campaign by relevant authorities, and reasonable deadlines to submit and adjudicate complaints.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To enhance the effectiveness of the oversight consideration could be given to mandate a single authority to conduct audits and publish its conclusions. To enhance transparency, contestants’ campaign finance reports, including of affiliated third parties, could be submitted prior to election day and published in a timely manner. In addition, effective, proportionate and dissuasive sanctions for breach of campaign finance regulations could be introduced.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
In order to enhance transparency, consideration could be given for authorized personnel inside polling stations to be appropriately identified. Chairpersons of BBCs and DEBs should be given clear instructions about the rights and entitlements of authorized persons including officially accredited observers.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To ensure that voters are not unduly disenfranchised, a provision for replacing spoiled ballots and envelopes could be included in the law.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2015
LEOM
Parliamentary
elections
To ensure effective redress of violations, broadcasters should be informed in a timely manner of SBE decisions. To enhance transparency, consideration should be given to publishing all SBE media-related decisions.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-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
Türkiye
2015
Early election
LEOM
Parliamentary
elections
The impartiality requirement should be clearly defined in the law and overseen by an independent regulatory body, which can act upon complaints or violations in a timely manner. The Law on Broadcasting could be amended to provide for remedies to contestants rather than sanctioning media outlets.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2014
LEOM
Presidential
To increase the integrity, transparency and effectiveness of the election dispute process, it is recommended that the law establish a right for civil society organizations to lodge complaints, a campaign-related complaints and appeals process, reasonable deadlines for submission and adjudication of complaints, a requirement for publication of complaints and decisions, and public proceedings for adjudication of complaints.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To enhance the election dispute resolution process, the law should establish a framework for campaign–related complaints and concrete and reasonable deadlines for handling election-related complaints and appeals. To enhance transparency, all decisions should be published or posted on the SBE website in a timely manner.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2014
LEOM
Presidential
Consideration should be given to revising the constitutional and legal framework in order to strengthen the independence of the judiciary and of the election administration, which will also serve to increase public trust in the election administration.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2015
LEOM
Parliamentary
elections
To increase the pluralism and representativeness of the parliament, consideration could be given to lowering the threshold for parties to qualify for seat allocation.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To increase the pluralism and representativeness of the parliament, consideration could be given to lowering the threshold for parties to qualify for seat allocation.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To increase political pluralism and representation in the parliament, consideration could be given to lowering the threshold for parties to qualify for seat allocation.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Electoral System
Türkiye
2014
LEOM
Presidential
To provide effective means of redress against decisions of the election administration, it is recommended that Article 79 of the Constitution and related articles in the Law on Basic Provisions be amended to provide a right to judicial review of SBE decisions in a timely manner.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
LEOM
Parliamentary
elections
To provide for an effective means of redress, the Constitution and legislation should be amended to provide a right to judicial review of SBE decisions in a timely manner.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To provide for effective means of redress of election disputes, the legal framework should be amended to provide for an independent judicial body to review SBE decisions. Moreover, the Constitutional Court should have jurisdiction in cases against the SBE concerning alleged violations of constitutionally-protected rights.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To provide for an effective means of redress, the Constitution and legislation should be amended to establish a right to judicial review of SBE decisions and inactions. Appropriate deadlines to address election-related disputes should be established to ensure timely remedy. In addition, the Constitutional Court should have jurisdiction in cases against the SBE concerning alleged violations of fundamental rights and freedoms.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2014
LEOM
Presidential
It is recommended that the Constitutional Court broadly interpret and exercise its jurisdiction over individual petitions related to violations of fundamental rights to ensure that electoral rights are protected, which should include reasonable deadlines for the adjudication of electoral cases.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
LEOM
Parliamentary
elections
Consideration could be given for the Constitutional Court to interpret and exercise its jurisdiction broadly over individual petitions related to violations of fundamental rights to ensure that electoral rights are protected, including a timely deadline to address election-related petitions.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
LEOM
Parliamentary
elections
To ensure the integrity of the electoral process and a level playing field for all contestants, election management bodies and local authorities should exercise campaign-related duties and adjudication responsibilities in an impartial manner, and adopt decisions consistent with the intent of the law and with fundamental rights.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
LEOM
Parliamentary
elections
The legal framework should be amended to bring it in line with international obligations on freedom of expression and in accordance with Article 10 of the European Convention on Human Rights (ECHR), authorities should refrain from undue interference into the right of freedom of expression, to hold opinions and to receive and impart information and ideas.
Recommendation # in final report:
6
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
Türkiye
2015
Early election
LEOM
Parliamentary
elections
The electoral legal framework should be reviewed and amended in line with past OSCE/ODIHR recommendations to address substantive gaps and to enhance its clarity. The SBE should adopt regulations that sufficiently supplement all aspects of the election legislation to ensure a comprehensive and cohesive electoral legal framework.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
LEOM
Parliamentary
elections
The electoral legal framework should be thoroughly reviewed and amended in line with past OSCE/ODIHR recommendations to address substantive gaps and to enhance its clarity.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The legislation should be amended in line with ODIHR recommendations to address key shortcomings, enhance its clarity, and to harmonize all election-related laws to provide a cohesive framework. Further, the SBE should fully exercise its regulatory authority in a manner consistent with the law.
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:
Legal Framework
Türkiye
2015
LEOM
Parliamentary
elections
To increase transparency and confidence in the electoral process, provisions for printing and distribution of ballots per BBC should be revised and clearly defined in the Law on Basic Provisions, and should include adequate safeguards to account for any surplus ballots.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
It is recommended that the number of surplus ballots be limited and regulated by the SBE. In order to enhance transparency, the number of ballots printed and distributed could be adjusted to the needs of each election and polling station. The number of ballots received by the polling station should be recorded in the polling station logbook prior to the opening of the polls.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
Türkiye
2015
LEOM
Parliamentary
elections
To increase the transparency of the election administration, meetings of electoral boards should be open to media and observers, and all regulations and decisions could be made publicly available including on the SBE website in a timely manner.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Training of BBCs could emphasize the rights of accredited citizen and international observers to observe the electoral process without restrictions. Consideration could be given to providing badges for all BBC members and accredited observers to ensure that only authorized persons are present inside polling stations.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
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
2018
Early election
EOM
Parliamentary
and Presidential
elections
To enhance transparency, the minutes and decisions of election boards at all levels should be published in a timely manner. Consideration could also be given to opening election boards meetings to the public.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The public broadcaster should adhere to the legal requirements and ensure equitable, fair and impartial campaign coverage, including on news and paid advertisement.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
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
2015
LEOM
Parliamentary
elections
The parliament should fully implement ECtHR decisions on prisoner voting rights. Furthermore, the ban on voting rights for conscripts and cadets should 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
State advertisement contracts should be procured transparently and be subject to audit by an independent body. Consideration could be given to allocating state advertising only to outlets that provide for full transparency of media ownership and funding structures.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To enhance transparency of campaign coverage in the media, the Radio and Television Supreme Council’s media monitoring results should be made public at regular intervals and in a timely manner. The legal powers to sanction private media for violations of campaign provisions should be returned to the SBE.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2015
LEOM
Parliamentary
elections
To enhance the transparency of the RTSC and safeguard its independence, consideration should be given to publishing guidelines of its media monitoring as well as comprehensive periodic reports on its findings.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To have consistent implementation of electoral legislation and procedures, the SBE should provide guidance and training for lower level election bodies.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To ensure equality of the vote, the system of seat distribution should be reviewed to address the disproportion of the ratio of voters to parliamentary mandates.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral System
Türkiye
2015
LEOM
Parliamentary
elections
To ensure the equality of the vote the system of seat allocation should be reviewed in order to address the disparity of the population size in constituencies.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To ensure the equality of the vote, the system of seat distribution should be reviewed to address the disproportion in the ratio of citizens to parliamentary mandates.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
As previously recommended, to enhance transparency and build trust in the election administration, the SBE could publish preliminary results disaggregated by district and polling station, including the number of registered voters and those who voted, as well as the number of votes cast for each party and candidate. The SBE could publish such data on its website immediately after the submission of BBC protocols.
Recommendation # in final report:
34
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
Türkiye
2015
Early election
LEOM
Parliamentary
elections
In line with good international practice, consideration could be given to displaying a countrywide summary and disaggregated preliminary results on the SBE website, which would further enhance public confidence in the accuracy of the tabulation process.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2015
Early election
LEOM
Parliamentary
elections
In handling disputes, the SBE should increase its efforts to exercise its authority to oversee and ensure the fairness of the electoral process. The legislation could be amended to provide the SBE with sufficient resources including legal experts, to enable it to effectively implement its responsibilities.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To ensure the protection of personal data, consideration should be given to formally regulating the process of sharing the electronic database of voters with political parties and limiting the range of sensitive data made available.
Recommendation # in final report:
14
Type of recommendation:
Other
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 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
The impartiality requirement for broadcasters related to political coverage, including during the campaign, should be overseen by a genuinely independent regulatory body, which can act upon complaints or on its own initiative upon monitored violations in a timely manner. Any remedies imposed should not prevent the media from carrying out their activities.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2015
LEOM
Parliamentary
elections
Consideration should be given to reviewing the requirements for political parties to participate in elections, loosening restrictions on political party platforms, tightening the framework for dissolution of parties and allowing the formation of party blocs to further strengthen fundamental freedoms and increase pluralism.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
In line with international standards and good practice, the requirements on eligibility of political parties to contest the elections should be less restrictive. Once a party is registered, requirements for eligibility to run should be minimal.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Party and Candidate Registration
Türkiye
2014
LEOM
Presidential
It is recommended that the legal framework be amended to ensure that all nominating political parties and independent candidates are entitled to have representation and/or membership on electoral boards at all levels in presidential elections.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2014
LEOM
Presidential
Consideration could be given to establishing a clear monitoring and reporting framework between the SBE and lower level electoral boards that could enhance accountability and contribute to public confidence.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
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. In line with good international practice, only the BBC chairperson should have authority to call the law enforcement officers into the polling station.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2014
LEOM
Presidential
To enhance transparency of the electoral process and trust in the election administration, the law should include provisions for the publication of detailed preliminary election results by the SBE on its website in a timely manner, broken down by polling station with all data from BBC protocols, prior to the determination of the final election results.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2015
LEOM
Parliamentary
elections
To enhance transparency and trust in the electoral process, the law should provide for the immediate publication of detailed preliminary election results by the SBE with public access to result protocols.
Recommendation # in final report:
33
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2015
LEOM
Parliamentary
elections
Consideration should be given to revising the constitutional and legal framework to strengthen the independence of the judiciary and of the election administration, which would also serve to increase public trust in the election administration.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2014
LEOM
Presidential
To bring the campaign finance framework in line with international good practices and to follow recent GRECO recommendations, authorities could address noted gaps and ambiguities. In particular, this could include clarifying the permissible sources of campaign funds, establishing periodic, timely and transparent reporting of financial and in-kind campaign contributions, providing a clear oversight and monitoring mandate to the Court of Accounts or other qualified independent institution, and requiring the responsible authority to publish all campaign finance reports in a timely manner. Furthermore, effective, proportionate and dissuasive sanctions for breach of campaign finance regulations could be introduced.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Türkiye
2015
LEOM
Parliamentary
elections
In line with international good practice and GRECO recommendations, authorities could consider establishing periodic, timely and transparent reporting of monetary and in-kind campaign contributions and expenditure, including having such reports publicly available in a timely manner, and enhancing the effectiveness of institutional oversight.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2015
Early election
LEOM
Parliamentary
elections
In line with GRECO recommendations and international good practice, authorities could consider establishing periodic, timely and transparent reporting of all campaign income and expenditure, and to have such reports publicly available in a timely manner.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2014
LEOM
Presidential
Consideration could be given to extending the period of public scrutiny of voter lists and to bringing the deadline for changes to voter lists closer to election day.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Türkiye
2015
LEOM
Parliamentary
elections
Consideration could be given to extending the period for scrutiny of voter lists and to bringing the deadline for changes closer to election day, to ensure a more accurate voter register and to facilitate voter participation.
Recommendation # in final report:
18
Type of recommendation:
Other
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
To enhance transparency and confidence in the electoral process, it is recommended that regulations for the number of ballots to be printed and distributed be clearly and sufficiently defined in the Law on Basic Provisions. Furthermore, it is recommended that results protocols include information on the number of used, unused, and reserve ballots.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Voting rights for military cadets and conscripts should be reinstated and other blanket restrictions on suffrage rights should be removed. The election legislation should be harmonized with the objectives of the CRPD, to ensure the full voting rights of persons with mental disabilities, including the right to request assistance to vote from a person of their choice.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Türkiye
2014
LEOM
Presidential
Consideration should be given to amending the election legislation to explicitly provide for the presence of international and citizen observers to ensure compliance with paragraph 8 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Citizen and International Observation
Türkiye
2015
LEOM
Parliamentary
elections
Consideration should be given to amending the legislation to explicitly provide for the presence of observers, both international and citizen, to ensure full compliance with paragraph 8 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Citizen and International Observers
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Consideration should be given to amending the legislation to explicitly provide for the presence of observers, both citizen and international, to ensure full compliance with paragraph 8 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Citizen and International Observers
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
As previously recommended, the election law should be amended to allow for international and citizen observation, in line with paragraph 8 of the 1990 OSCE Copenhagen Document. Observers should be granted access to all phases of the electoral process, including voting, counting, and tabulation. Adequate regulations for the accreditation of observers should be introduced.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Citizens and International Observers
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To ensure conditions for an equitable campaign environment, consideration could be given to amend the law and to provide that all campaign prohibitions, including on misuse of administrative resources, apply from the calling of the elections. Further, the law should ensure that the campaign rules apply equally to the incumbent president and do not offer any undue advantages in the campaign.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The decision-making at the SBE should be in line with the constitution and legislation. To safeguard the impartiality of the election administration and prevent conflicts of interest, candidates and elected officials could be restricted from serving on election boards.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The SBE should prioritize the training for all election commission members, including those nominated by political parties, with a focus on eliminating errors and omissions in the work of the BBCs related to counting procedures and completion of protocols.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
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
2018
Early election
EOM
Parliamentary
and Presidential
elections
As previously recommended, the authorities should refrain from applying anti-terrorism legislation to prosecute journalists based solely on the content of their reporting. Defamation, libel, and insult of state officials should be decriminalized. Media outlets should be able to operate free from intimidation or pressure.
Recommendation # in final report:
9
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
Türkiye
2015
Early election
LEOM
Parliamentary
elections
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 ECHR on freedom of expression and relevant ECtHR case law.
Recommendation # in final report:
6
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
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The legal framework should be amended to bring it in line with international obligations on freedom of expression and media freedom. All media related cases should be dealt with in compliance with Article 10 of the ECHR on freedom of expression and relevant ECtHR case law.
Recommendation # in final report:
8
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
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The constitutional safeguard that prohibits amendments to election legislation to be applied to elections within one year from adoption should be adhered to in line with international good practice. In addition, any amendments to the legal framework should be adopted in an inclusive manner, including public consultation.
Recommendation # in final report:
11
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework
Türkiye
2015
LEOM
Parliamentary
elections
Authorities should consider reviewing the legislation and its implementation by the SBE to ensure that all candidates are uniformly presented on the ballot and in a format that is easily understandable by voters.
Recommendation # in final report:
35
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
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
2015
LEOM
Parliamentary
elections
The SBE could develop procedures for official accreditation of observers including the issuance of accreditation cards for persons authorized to be present at polling stations and a requirement for all election officials and observers to wear identification.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Citizen and International Observers
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Authorities should implement mechanisms to ensure a clear separation between the State and party to prevent candidates from using the advantage of their office for electoral purposes. In addition, an effective sanctioning mechanism against the misuse of administrative resources should be established.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Voters and electoral contestants should be provided with conditions that enable them to promote political platforms and debate public affairs freely and should not be subject to pressure or intimidation. Any instances and allegations of pressure or intimidation should be thoroughly investigated and, if appropriate, prosecuted by the relevant authorities.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Authorities should take necessary measures to ensure that election campaigning be conducted in an atmosphere free from intimidation and fear of retribution, and undertake effective campaign oversight by conducting thorough investigations into all campaign-related offences. Campaign regulations should be fully adhered to and perpetrators prosecuted for applicable criminal and administrative offences.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2015
LEOM
Parliamentary
elections
Authorities should ensure that alleged electoral offences related to voting and counting processes be thoroughly investigated by law enforcement bodies on a timely basis, prosecutions undertaken in appropriate cases, and proportionate penalties imposed.
Recommendation # in final report:
34
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day and Announcement of Results
Türkiye
2015
LEOM
Parliamentary
elections
Consideration could be given to reviewing the legal framework to have the public broadcaster, TRT, provide more editorial coverage of campaign activities and candidate programmes, in a fair and impartial manner to enhance the ability of voters to make an informed choice.
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
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
In line with international good practice, the law could be amended to prescribe that BBC results be transported to the DEB by the BBC chairperson jointly with two members representing opposing sides.
Recommendation # in final report:
33
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
Türkiye
2015
LEOM
Parliamentary
elections
Authorities could consider alternative voting methods to ensure the participation of individuals in medical facilities and welfare and social institutions.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Türkiye
2015
LEOM
Parliamentary
elections
Authorities could consider alternative voting methods to ensure the participation of individuals in medical facilities and welfare and social institutions.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Consideration should be given to enabling eligible voters in hospitals and in women shelters to vote.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The procedure for collecting supporting signatures should not be overly burdensome and act as a barrier to candidacy. Consideration should be given to lowering the threshold for returning the electoral deposit to parliamentary independent candidates who receive a certain number of votes.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Party and Candidate Registration
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