The names of persons conducting observation in polling stations, the number of the polling stations and
other private information, other than such information that has been reported to the press and the judiciary,
have been omitted in order to ensure that the relevant persons do not face any negative consequences.
Provisions in Turkish Legislation Leading to Inequality in Terms of the
Right to Vote and be Elected
Article 67 of the Constitution of the Republic of Turkey, guarantees that elections shall be held under the
direction and supervision of the judiciary, in accordance with the principles of free, equal, secret,
direct, universal suffrage, and public counting of the votes. And that all citizens over eighteen years of
age shall have the right to vote in elections.
The overall approach in international criteria is guaranteed by this article. However, some legislation in Turkey
includes discriminatory provisions in terms of the right to vote and be elected.
The provisions in the Constitution;
Eligibility to be elected as a deputy:
“Article 76- (Amended: 13/10/2006-5551/1) Every Turk over the age of twenty-five is
eligible to be a deputy.”
In Turkey, whereas it is sufficient for an individual to be over the age of 18 to exercise their civil and political
rights, the age requirement to be elected as a deputy is 25. In terms of human rights, this provision amounts
to discrimination on grounds of age.
Article 67 of the Constitution and Article 7 of the Law on the Basic Provisions of Elections and Voter Registries (Law
no 298), lists those persons who are not eligible to cast a vote.
As set forth in these provisions, the restriction for convicted prisoners in terms of their right to vote is worth
noting. A. Atahür Söyler, who was unable to cast a vote due to a sentence he received in 2007 took his case to
the European Court of Human Rights (ECtHR).
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.12
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) 13 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. 14
Electioneering on radio and television:
“Article 52 – (Amended: 17/5/1979 - 2234/1.)