In its judgment in 2013, the ECtHR noted that Turkey imposes a blanket ban on voting for all convicted prisoners and that it fails to take into account the nature and gravity of the crime, the length of imprisonment and the conduct of the convicted person. The ECtHR found Turkey to be in violation of Article 3 of Protocol 1 to the Convention, which guarantees the right to free elections.5 Although the SBE has issued a decision in 2014 stating that those convicted persons on parole will be eligible to vote, this regulation still fails to meet the criteria. Similarly, Article 8 of the Law on the Basic Provisions of Elections and Voter Registries (No: 298) 6 sets forth that persons who are legally incapacitated may not cast their vote. Hence, those with mental disabilities who have been appointed a legal guardian by a court are not able to exercise their right to vote. This article is against the UN Convention on the Rights of Persons with Disabilities. However, in practice, there are also cases where voter registries are not kept in compliance with the law in terms of mentally disabled persons. 7 Electioneering on radio and television: “Article 52 – (Amended: 17/5/1979 - 2234/1.) (Amended by Article 46 of Law 2839, on 10 June 1983.) Political parties running for the election may conduct electioneering activities on radio and television after the 7th day prior to the election day until 18:00 hours on the eve of the election, reserving the provisions in exclusive laws. (Amended by Article of Law 3377, on 23 May 1987.) Those who are running for the election have the following rights in terms of electioneering on television or radio; a) Each political party running for the elections have the right for two speeches not more than 10 minutes on the first 10 days and the last day to explain their programs and projects, b) Parties that have a group in the TGNA have an additional 10 minute slot, c) (Amended by Article 4 of Law 4125, on 27 October 1995.) A further 20 minutes are given to the party in power or senior partner in coalition government, with 15 minutes for minor partners, d) The principal party of opposition has the right to an additional 10 minute speech.”8 The regulations under Article 52 of the Law do not provide a level playing field in elections and create inequality amongst political parties as well as between political parties and independent candidates. 2 http://bianet.org/bianet/insan-haklari/149995-aihm-turkiye-hukumlulerin-oy-kullanma-hakkini-ihlal-ediyor 3 Non-voters: Article 8- The following are not eligible to vote; 1. Those who are legally incapacitated, 2. Those who have been prohibited from public service. http://www.ysk.gov.tr/ysk/SecmenKaydi/298.htm 4 In practice, there are mentally disabled individuals who are included in the voter registry despite the fact that this is pro hibited by domestic law. Similarly, there are mentally disabled individuals who are not registered as voters although no legal guardian has been appointed. Both of these practices are in violation of domestic law. 5 http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=1.4.298&sourceXmlSearch=&MevzuatIliski=0 7