Earlier this week the Supreme Election Board (YSK) said 12 independent nominees would not be allowed to run for Parliament in the next elections due to their past convictions in “terrorism” related crimes. However, the mounting reactions worked, and the YSK reversed its decision on Thursday. In its new decision, the election board said seven of the candidates were eligible to run in the elections. According to the jurists, the tension raised by the earlier YSK decision has clearly shown Turkey’s need for an overhaul in the structure of the election body as well as for a new constitution. Ahmet İyimaya, the head of the parliamentary Justice Commission, said: “Turkey cannot avoid a constitutional change and judicial reform. We cannot settle today’s questions with proposals that date back to the 19th century.” Recently, Turkey made a partial amendment to its Constitution and overhauled the structure of the Council of State and the Supreme Court of Appeals. But analysts believe a partial amendment of the Constitution and an overhaul of a few public institutions will not help solve Turkey’s chronic problems.
After long deliberations on Thursday, the YSK voted unanimously to allow seven of the 12 candidates, six of whom are backed by the pro-Kurdish Peace and Democracy Party (BDP), to run in the June elections. The board accepted arguments that there was no legal obstacle to prevent Hatip Dicle, Leyla Zana, Salih Yıldız, Ertuğrul Kürkçü, Gültan Kışanak, Sebahat Tuncel and Harun Özcan from running for Parliament. The board’s initial decision to bar the candidates from the ballots sparked outrage in the mainly Kurdish east, southeast, where protestors staged violent protests.
In clashes with security forces, one protestor was fatally shot and dozens of others were injured. Several police officers were also injured in clashes across the region. Many shop owners did not open their shops for three days. Protestors attacked several open business places with stones and Molotov cocktails, causing great financial losses in the region.
The YSK was founded in 1950. It currently has seven members who are elected from among jurists at the Supreme Court of Appeals and the Council of State. In addition, the board has three substitute members. The YSK president serves for three years. The tenure of its incumbent chairman, Ali Em, will end in 2013. The primary task of the board is to administer and monitor all votes, including parliamentary elections, local polls and referendums. YSK rulings are closed to further judicial review, such as an appeals process, and are considered to be final in Turkey.
Former İstanbul Bar Association President Yücel Sayman said the authority of the election body should be narrowed, and it should not have the right to “interpret laws.” “The YSK decision [against the independent candidates] is against laws. Laws were falsely interpreted against three or four of the vetoed candidates. The election board did not do any research for a more plausible decision. The real problem with the YSK is related to the structure and legitimacy of the state. For this reason, the YSK should be restructured through a new constitution,” he noted.
Independent candidates hope to increase the number of BDP seats in Parliament. In Turkey, a political party must win at least 10 percent of the overall vote in an election to win seats in Parliament. The BDP finds it difficult to surpass the election barrier and, as a remedy, endorses its members as independents in electoral districts.
According to Mahmut Övür, a columnist for the Sabah daily, the YSK initially made an implausible decision, but later corrected it. “We all witnessed the negative impact of the decision, which was made regardless of the course of developments in Turkey. The YSK is constantly producing problems to protect its pro-tutelary structure. Now we have reached a good result [with the revision of the earlier decision.] We are more hopeful that our problems can be settled altogether in a democratic manner. This is very important for Turkey,” he stated.
In its earlier decision, the YSK said the nominees who were disqualified from running in the June elections had past convictions in “terrorism” related crimes.
Mounting reactions against the YSK decision against the barred candidates spurred the election body to reconsider its decision. On Wednesday, the candidates obtained the required document from separate courts and forwarded it to the YSK for examination. The YSK examined the documents on Thursday, and decided to allow seven of the candidates to run for Parliament in the June elections. Two remaining candidates are still waiting to hear from the board.
According to Professor Serap Yazıcı, an expert on constitutional law, the problem with the YSK can be overcome through a new constitution. “In a new constitution, the structure and function of the election board should be revised and restructured. The YSK is placed in the legislative part of the Constitution, but it is made up of jurists and makes both judicial and administrative decisions. The YSK decisions are not open to judicial review. The new constitution should state that YSK decisions should not go contrary to laws,” she added.
On Friday, a civilian coalition known as “70 Million Steps Against Coups” filed a criminal complaint against the YSK members at the İstanbul Chief Public Prosecutor’s Office, arguing that they abused their power when they disqualified the independent candidates from running in the elections.
The new YSK decision to allow seven of the independent candidates to run in the elections has been met with pleasure among most of Turkey’s politicians. Kurdish politicians welcomed the YSK’s revised decision but regretted the loss of life and injuries in the East and Southeast. “The decision has been tainted with blood,” Sırrı Sakık, a Kurdish lawmaker, said in televised remarks, adding, “The result is a benefit to democracy but the price has been heavy.” Aysel Tuğluk, another Kurdish lawmaker, said: “A mistake has been undone.”
Leader of the main opposition Republican People’s Party (CHP), Kemal Kılıçdaroğlu, said he was happy to see that the trouble regarding the barred deputy candidates was overcome. “We extend our thanks to everyone who contributed to the settlement of the problem. But no one should forget that the problem was overcome after related parties circumvented laws. What is important is to lower the election threshold, and allow the entire national will to be represented in Parliament,” he noted. Sezgin Tanrıkulu, deputy chairman of the CHP, defined the period that started with the YSK’s pro-ban decision against some nominees and ended with the board’s revised decision as “lost times for Turkey.” “The three-day period has been a loss for Turkey. The YSK did what the law required by revising its decision,” he added.
The former chairman of the BDP, Selahattin Demirtaş, said Turkey would not have suffered from heavy losses if the YSK had asked independent candidates to obtain missing documents beforehand. “We were faced with an anti-democratic stance [by the YSK.] It is a positive development that it has been partially corrected. However, Turkey could have not experienced the trouble at all. We lost a young man in demonstrations,” he lamented.
It is a shame that the decision of the YSK had to come at the death of an individual.
Source: Today’s Zaman by YASİN KILIÇ