Home > 1.1.3 Submission of candidatures > TÜRKIYE - Opinion on the Replacement of Elected Candidates and Mayors
 
 
 
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Paragraph 67
 

Article 127, paragraph 4 of the Constitution and Article 47, paragraph 1 of the Municipality Law foresee suspension of mayors only in case of an investigation or prosecution initiated on grounds of offences “related to their duties” as mayors. In this respect, the Venice Commission takes note of the fact that at least several investigations or prosecutions against the three suspended mayors, which the Ministry of the Interior referred to in its decisions of 19 August 2019, had already been launched prior to the local elections of 31 March 2019. During the meetings held in Ankara representatives of the Ministry of the Interior indicated that in practice, the decisive criterion for suspension of mayors was the repetitiveness and continuity of criminal activity including after the elections. The rapporteurs did not get clear information enabling them to confirm that the three mayors had indeed been investigated and prosecuted for offences clearly relating to their mayoral duties. This question needs to be assessed by the relevant courts to which the mayors have appealed.