renew the elections.5 This decision affected the entire election calendar and shortened the campaign
period.
In the process of the November 1st elections, the Ombudsman issued a decision of recommendation
on 27/10/2015 stating as follows: “In order to ensure that all voters who do not speak Turkish or are
not literate (including disadvantaged groups) may participate in the elections in a healthy manner and
cast their vote, activities should be undertaken for training and disseminating information. In this
context, the Office of the Ombudsman hereby RECOMMENDS THE SUPREME BOARD OF ELECTIONS to
set up procedures enabling the use of public spots, films, publications and other methods in a timely
fashion to be used during the possible upcoming elections and all future parliamentary and local
elections to be held under the supervision of the SBE.”6 This decision was communicated to the SBE.
With regard to the decision of the Ombudsman, the SBE issued its Decision No 2393 dated 17/11/2015
stating “The Recommendation of the Ombudsman No. 2015/2608 Complaint, dated 27/10/2015 is not
suitable for implementation.”7
The SBE failed to amend Article 338 of its Circular on the Establishment and Mandate of Ballot Box
Committees published before every election to ensure its compliance with SBE Decision 1040. Decision
No. 1040 was also not referenced in the training delivered to chairpersons of Ballot Box Committees.
This failure negatively affected voters who did not speak Turkish or who were illiterate whereas they
should have able to exercise the right to an interpreter to receive information had SBE Decision No.
1040 been duly implemented.
A petition was filed with the SBE on 30/10/2015 under the right to information enquiring whether SBE
Decision No. 1040 was still in force, and if so, why no changes had been made in the Circular on the
Establishment and Mandate of the Ballot Box Committees. The SBE did not respond to the petition.9
Prior to the elections of June 7th, the SBE had decided that the requests to carry ballot boxes to other
locations due to security concerns was against the legislation. Before the elections of November 1st,
the SBE was late in responding to requests filed to carry ballot boxes to other locations due to security
concerns10, and was also criticised regarding the enforcement of its decisions on biased media
broadcasting and failing to ensure an effective monitoring of the impartiality of the public authorities
in the campaign process. Following the SBE’s decision rejecting the transportation of ballot boxes due
5
6
Excerpt from the Decision dated 27/10/2015 communicated to Amer by the Ombudsman.
Excerpt from the Decision dated 27/10/2015 communicated to Amer by the Ombudsman.
8
Article 33 of the Circular;
Casting of Votes by Illiterate Voters
ARTICLE 33 – Illiterate voters shall not be assisted by other people in the ballot box area in casting their votes. In
cases where an illiterate voter asks for assistance the Chairperson of the Ballot Box Committee may only explain
what each of the political parties on the ballot is and explain how a vote can be cast for an independent candidate.
The chairperson or members of the Ballot Box Committee shall not enter the polling booth in order to assist
illiterate voters in casting their vote.
9
See Annex II Petitions for Information
10
The SBE decided that ballot boxes may not be carried to other locations in Decision No. 2015/791 dated
30/04/2015 involving the Mardin province Ömerli district, and in Decision No. 2015/879 dated 05/05/2015
involving Bitlis province Hizan district.
7