Home > 1.1.3 Submission of candidatures > TÜRKIYE - Opinion on the Replacement of Elected Candidates and Mayors
 
 
 
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Paragraph 68
 

In any case, it seems problematic that at least part of the investigations and prosecutions had already been ongoing at the time of the elections – and that the candidates concerned had nevertheless first been considered eligible but were suspended from their mayoral office a few months later for continuing their alleged criminal activity. This raises serious questions relating to rule of law requirements, in particular the foreseeability of the laws, consistency of law and the fair use by the authorities of their discretionary power. Moreover, such a practice seems to conflict with the free expression of the will of the voters, as the candidates elected were practically prevented from exercising their office although the situation had not significantly changed after the elections. In case a sentence for some criminal activity is indeed pronounced after assuming the mayor’s function, new procedures, if provided for by the law, may be initiated against the mayor concerned.