Home > 1.6.1 By-elections, repeat and re-run elections > TÜRKIYE - Opinion on the Replacement of Elected Candidates and Mayors
 
 
 
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Paragraph 75
 

The decisions by the Ministry of the Interior are based on state of emergency-rooted legislation, which allows for replacement of elected mayors by government officials. They undermine the very nature of local self-government and should be repealed. The Commission also considers that it is a matter of grave concern that suspensions for an extended period of time can be based on allegations of terrorism-related offences which appear to be interpreted extremely broadly, inter alia, with regard to the offence of making propaganda for a terrorist organisation; such a broad interpretation was repeatedly considered by the European Court of Human Rights as going against the Convention. In the present cases, where most of the allegations had already been made before the candidacies for election had been validated, it needs to be ensured that the choice of the local population is respected. This could be achieved either by reinstating the suspended mayors or by other means such as determination of replacement mayors by the elected municipal councils or by organising repeat elections in the electoral zones concerned.