Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="" style="margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Legislation: Status of Ministers Elected as Members of Parliament</li><li fr-original-style="" style="box-sizing: border-box;">Economy: Foreign Exchange (FX) and Banks after the Election&nbsp;</li><li fr-original-style="" style="box-sizing: border-box;">Election 2023: May 14 Elections,</li></ul>We wish you a pleasant reading,Freedom Research Association

We monitor the ongoings of Turkiye in the fields of the rule of law, economics, civil society, and politics.

The Freedom Observer

Status of Ministers Elected as Members of Parliament, May 14 Elections, Foreign Exchange (FX) and Banks after the Election. 

Status of Ministers Elected as Members of Parliament, May 14 Elections, Banks after the Election 

Greetings from the latest issue of The Freedom Observer,Türkiye is at a critical juncture and has gained significant attention from the world. In this context, we are publishing our latest perspectives on current events in Türkiye.Here's what we've monitored for you this week:<ul fr-original-style="" style="margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Constitution: General Binding of AYM Decisions&nbsp;</li><li fr-original-style="" style="box-sizing: border-box;">Election 2023:&nbsp;Attack on İmamoğlu and Kılıçdaroğlu</li><li fr-original-style="" style="box-sizing: border-box;">Election and LGBT+s: The Difficult Test of LGBTI+s: 2023 Elections</li></ul>We wish you a pleasant reading,Freedom Research Association

General Binding of AYM Decisions, Attack on İmamoğlu and Kılıçdaroğlu, The Difficult Test of LGBTI+s: 2023 Elections.

General Binding of AYM Decisions, Attack on İmamoğlu and Kılıçdaroğlu, The Difficult Test of LGBTI+s: 2023 Elections

Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="" style="margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Constitution: Supreme Election Board has decided that Ministers can be candidates for parliament without resigning.</li><li fr-original-style="" style="box-sizing: border-box;">Economy:&nbsp;Once Upon a Time: The Central Bank</li><li fr-original-style="" style="box-sizing: border-box;">Legislation: YSK Decisions,</li></ul>We wish you a pleasant reading,Freedom Research Association

Supreme Election Board has decided that Ministers can be candidates for parliament without resigning, Once Upon a Time: The Central Bank, YSK Decisions.

Once Upon a Time: The Central Bank,  Decisions of YSK on the way to 14 May

Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="" style="margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Constitution: Erdogan's Alleged Call for Court Members,</li><li fr-original-style="" style="box-sizing: border-box;">Legislation: HDP's Request for Postponement of Oral Defense to be Rejected,</li><li fr-original-style="" style="box-sizing: border-box;">Economy:&nbsp;The Government's Test with Dollar Continues,</li><li fr-original-style="" style="box-sizing: border-box;">Freedom of Expression: Media and Press Freedom Violations Monitoring Report 2022</li></ul>We wish you a pleasant reading,Freedom Research Association

Erdogan's Alleged Call for Court Members, HDP's Request for Postponement of Oral Defense to be Rejected, Media and Press Freedom Violations Monitoring Report 2022, The Government's Test with Dollar Continues. 

The Freedom Observer #6

Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="" style="margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">From Editor-in-Chief: State of Emergency and the Democratic Society</li><li fr-original-style="" style="box-sizing: border-box;">Constitution: Can the Reconstruction of Cities be Arranged with the Presidential Decree of the State of Emergency?</li><li fr-original-style="" style="box-sizing: border-box;">Legislation: Electoral Alliances,</li><li fr-original-style="" style="box-sizing: border-box;">Economy:&nbsp;Record Current Account Deficit and Central Bank Reserve,</li><li fr-original-style="" style="box-sizing: border-box;">Civil Society: Civil Society and Increasing Pressures After the Earthquake.</li></ul>We wish you a pleasant reading,Freedom Research Association

Can the Reconstruction of Cities be Arranged with the Presidential Decree of the State of Emergency?, Electoral Alliances, Record Current Account Deficit and Central Bank Reserve, Civil Society and Increasing Pressures After the Earthquake.

Freedom Observer #5

Greetings from the latest issue of The Freedom Observer,Although a month has passed since the Kahramanmaraş-centered earthquake disaster, the wounds of the earthquake could not be healed and it is the most important agenda of the country. On the other hand, with the upcoming elections in Turkey, the political agenda is moving. Here's what we've gathered for you this week:From the Editor: Changes in Pre-Election BalancesFreedom of Expression: Freedom of Expression Under AttackElection 2023: Upcoming ElectionsWe wish you a pleasant reading,Freedom Research Association

Changes in Pre-Election Balances, Freedom of Expression Under Attack, Upcoming Elections

The Freedom Observer #4

Greetings from the latest issue of The Freedom Observer,We offer our condolences to those who lost their lives in the devastating earthquake that hit our country and Syria last week, and wish a speedy recovery to the injured... We hope that we will get through these difficult days as soon as possible with strong solidarity.Our agenda this week focuses on the earthquake and beyond:<ul fr-original-style="padding-inline-start: 20px;" style="padding-inline-start: 20px; margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">From the Editor: The burning consequences of the earthquake disaster,</li><li fr-original-style="" style="box-sizing: border-box;">February 6, 2023: Turkey Is Going Through Its Most Painful Days</li><li fr-original-style="" style="box-sizing: border-box;">State of Emergency and Earthquake: State of Emergency Declared Due to Earthquake</li><li fr-original-style="" style="box-sizing: border-box;">Public Donations: Earthquake and Public Donations (!)</li></ul>We wish you a pleasant reading,Freedom Research Association

Turkey Is Going Through Its Most Painful Days

The Freedom Observer #3

Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="padding-inline-start: 20px;" style="padding-inline-start: 20px; margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Constitution: Can the Reconstruction of Cities be Arranged with the Presidential Decree of the State of Emergency?</li><li fr-original-style="" style="box-sizing: border-box;">Law: The conviction of the head of Turkey's Medical Association, Prof. Korur-Financı,</li><li fr-original-style="" style="box-sizing: border-box;">Economy:&nbsp;Record Current Account Deficit and Central Bank Reserve,</li><li fr-original-style="" style="box-sizing: border-box;">Civil Society: Censorship and the new NGO law.</li></ul>We wish you a pleasant reading,Freedom Research Association

Turkey's state of law report card.

Erdoğan’s Run for the Presidency for the Third Time, Fincancı Sentenced to Prison, ‘New NGO Law’ 

The Freedom Observer is a bulletin in which the Ankara-based think tank Freedom Research Association monitors the ongoings of Turkiye in the fields of the rule of law, economics, civil society, and politics.By subscribing to the bulletin, you will be able to catch the highlights on the fields of study while being able to witness the evaluations made by the experts in the fields of law, politics, and economics from a pro-liberty perspective.In the Freedom Observer, you will be welcomed by the section From the Editor-In-Chief and be able to monitor the general highlights of the ongoings in Turkiye from a pro-liberty perspective.Then, the keynotes on the issues regarding the rule of law, such as judiciary decisions, violations of basic rights, and legislative advances, will be shared with the readers.Further, the economic highlights of the last two weeks will be evaluated from a pro-liberty perspective.The political hot topics will be evaluated to provide the viewers with a pro-liberty perspective from the writings of competent analysts.And finally, the hot topics regarding civil society in Turkiye will be shared with the viewers.Welcome, again, to the Freedom Observer. We do believe that it will be a fun ride to share the highlights of the hot topics in Turkiye with dearest Aposto readers!

From Editor-in-Chief, Determination of the Provincial Election Board Members, İmamoğlu's Political Ban, Erdoğan's Election Economy

The Freedom Observer #1

Politika hakkında yayımlanan makaleler ve yayınlar

Politika

Sosyal farkındalık hakkında yayımlanan makaleler ve yayınalr

Sosyal Farkındalık

Ekonomi hakkında yayımlanmış makalaler ve yayınlar

Ekonomi

In 2017, a constitutional amendment changed the government system of the Republic of Turkey, introducing a new system called the "Presidential Government System." However, it is not explicitly mentioned in the Constitution. Article 8 of the Constitution states that the President exercises executive power and duties. Article 106 of the Constitution grants the President the authority to appoint and dismiss vice presidents and ministers. Appointed vice presidents and ministers must take an oath before the Grand National Assembly of Turkey. They are responsible to the President, as stated in the same provision. Additionally, the article specifies that members of the Grand National Assembly of Turkey cease to be members if appointed as vice presidents or ministers.Furthermore, Article 98 of the Constitution allows the Grand National Assembly members to pose written questions to vice presidents and ministers and initiate parliamentary investigations against them. Moreover, according to Article 106, vice presidents and ministers can be referred to the Supreme Court if two-thirds of the total number of members of the Grand National Assembly of Turkey vote in favor on the grounds of crimes committed in connection with their duties. They benefit from legislative immunity regarding personal crimes.Considering all these provisions collectively, it can be understood that vice presidents and ministers do not possess direct executive authority but are public officials appointed and dismissed by the President and are accountable to him. The Constitution explicitly states that the vice presidency and ministry positions are incompatible with membership in the Grand National Assembly of Turkey. However, the Constitution and laws must regulate the rules applied if vice presidents and ministers become candidates for membership in the Grand National Assembly of Turkey.In the 28th parliamentary elections held on May 14, 2023, the Vice President and 15 ministers became parliamentary candidates without resigning from their positions. Despite allegations that this contradicted the Constitution and principles of political ethics, these concerns were disregarded, and the Supreme Election Board decided that these individuals did not need to resign. Consequently, during the election process, these individuals utilized their ministerial powers and state resources without limitations for election campaign purposes. All of these individuals were elected as MPs. Still, the presidential election on the same day ended in a second round as no candidate received an absolute majority of votes. This raised questions about the status of the Vice President and 15 ministers elected as deputies.The Constitution explicitly prohibits holding both the positions of the vice presidency and membership in the Grand National Assembly simultaneously. According to the Constitution, if an MP is appointed a minister, they will lose their deputy status. However, the situation becomes unclear when it comes to other circumstances. Therefore, the legal gap needs to be addressed through interpretation. Two questions arise in this regard: First, when will the title of deputy be acquired? And second, in the event of obtaining the title of deputy, which of the titles—minister or deputy—will be relinquished?It is important to note that obtaining the status of an MP is not the same as assuming office as an MP. According to the Constitution, MPs can only assume office once they take the oath. However, they still need to obtain the status of an MP. MPs acquire the status of an MP even before taking the oath and enjoy the rights and privileges associated with this status. [1] The prevailing view is that the status of an MP is acquired when the election results are announced. Some argue that parliamentary status is obtained after the voting process ends and the election results are announced. Therefore, not taking the oath of office does not imply that the title of an MP is not acquired.&nbsp;With the announcement of the election results, the Vice President and ministers obtained the title of MP.In this case, it is necessary to acknowledge that the vice presidency and ministries of those elected as deputies will be relinquished upon the announcement of the election results. This means that their exercise of authority and actions as ministers during this period is unconstitutional and unlawful, and their actions are considered invalid. This situation again highlights that the 2017 constitutional amendments were made without thorough consideration.

Status of Ministers Elected as Members of Parliament

The results of the parliamentary and presidential elections held on May 14, 2023, were announced by the Supreme Election Board (YSK) in the official publication of the Official Gazette. According to the official results, Erdoğan, the candidate of the People's Alliance, received 49.54 percent of the valid votes, while Kılıçdaroğlu, the candidate of the Millet Alliance, received 44.88 percent. The third candidate, Sinan Oğan, received 5.17 percent of the votes, while Muharrem İnce withdrew as a candidate. The People's Alliance secured a parliamentary majority. As a result, the optimistic projections based on pre-election polls failed to materialize, leading to a profound disappointment among the opposition on the evening of May 14.Following the elections, allegations of electoral fraud emerged and persisted for several days. Apart from the typical material errors that occur in almost every election, there were reports of significant discrepancies between the wet-signed ballot box reports and the results announced by the YSK. While the opposition attempted to explain this unexpected difference based on these reports, CHP's leader Kılıçdaroğlu did not make any public statements to address the issue. Later, it was revealed that there were problems with the software used by the CHP to retrieve the data. [2]During the 2018 elections, the Fair Election Platform, led by the CHP, faced a significant debacle concerning comparing ballot box minutes and data transfer. In response to a crisis similar to the one in 2018, Kılıçdaroğlu dismissed Onursal Adıgüzel, the Deputy Chairman in charge of Information and Communication Technologies. Additionally, apart from technical issues with data transfer, it was discovered that material errors had occurred in some ballot boxes. CHP Deputy Chairman Muharrem Erkek stated that discrepancies were detected in 2,269 presidential ballot boxes and 4,825 ballot boxes for parliamentary seats and emphasized their commitment to monitoring every vote, even if it does not alter the overall result. [3] There were also allegations that the CHP did not have polling officers in thousands of ballot boxes. The CHP, which had been claiming for months that it had undertaken necessary measures regarding ballot box security, minute comparison, and data transfer, should provide transparent and convincing explanations to the public regarding the disruptions that occurred on election night and afterward.Looking ahead to May 28The second round of the presidential election will take place as neither Tayyip Erdoğan nor Kemal Kılıçdaroğlu secured a decisive victory in the first round. Erdoğan, who came close to winning in the initial round, enters the second round with a numerical and moral advantage. The opposition, disappointed by the outcome of both the presidential and parliamentary elections on May 14, facing challenges in ballot security, data transfer, and internal disputes, appears to lack motivation heading into the second round. This hopelessness might discourage opposition voters from participating in the second round.Moreover, although Kılıçdaroğlu has intensified his nationalist and anti-immigrant rhetoric in the past week, it is expected that the number of votes he will gain in the second round from those who initially voted for Oğan after Oğan announced his support for Erdoğan will be minimal. Suppose Erdoğan wins significantly in the second round, leveraging his moral advantage. In that case, it will signify approval from the people for a regime that undermines democratic institutions, perpetuates rights violations, politicizes the state, and favors partisan distribution of resources. This outcome is likely to result in Erdoğan pursuing similar policies over the next five years, further deepening the erosion of rights and well-being of the population in the years to come.

May 14 Elections

On May 14, 2023, Turkey held a crucial election that will directly impact the Turkish economy. As we have emphasized numerous times in this bulletin, the fundamental economic indicators and the realities they reveal are closely tied to political developments in Turkey. In established democracies with a separation of powers, independent financial institutions have precise capabilities and boundaries, making it less likely for momentary political developments to affect the economy profoundly. However, in Turkey, the institutional capacity of these institutions has been significantly weakened due to government interference. Consequently, the policies of institutions such as the Banking Regulation and Supervision Agency, the Capital Markets Board, and the Central Bank of the Republic of Turkey are determined by politicians' short-term growth objectives and partisan calculations rather than by experts who base their decisions on rational realities.It is well-known that there is a rational basis for central banks to be independent, allowing monetary policies to be determined by autonomous decision-makers. This is primarily due to the issue of time inconsistency. A Central Bank document explicitly states: "The existence of independent central banks committed to achieving and maintaining a low inflation rate has emerged as a solution to the problem of time inconsistency. In other words, the presence of a central bank that formulates long-term policies based on the objective of price stability and makes credible commitments to implementing these policies can help resolve the issue of time inconsistency and enhance credibility." <a fr-original-style="" href="#_ftn4" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">[4]</a>Regrettably, Turkey is currently facing challenging times due to the fiscal policies pursued by the government, which prioritize electoral victories and short-term growth. The problems are further exacerbated when monetary policies accompany fiscal policies. We will delve into the details in upcoming bulletins, but it is worth briefly discussing the Turkish banking system's foreign exchange (FX) deficit.In the Turkish banking system, residents' foreign currency deposits amount to $212 billion, while banks' foreign debts, including syndicated loans, amount to $95 billion. In other words, a total of $307 billion in liabilities belonging to depositors on the banks' balance sheets. On the other hand, the amount of foreign currency held by banks is only $23 billion, excluding swaps with the Central Bank or foreign currency held by the banks themselves. The Central Bank has $75 billion on its balance sheet, excluding swaps.The so-called "Turkish economic model" relies on transferring the foreign currency of banks, depositors, and exporters to the Central Bank through the banking system. This mechanism creates a cycle by reintroducing the foreign currency transferred to the Central Bank into the market. However, the substantial current account deficit hinders the smooth functioning of this cycle. We anticipate that this situation will further worsen after the elections.<hr fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"> [1] For an example defending this view based on a YSK decision, see Murat Sevinç, Diken, 17.05.2023, https://www.diken.com.tr/nasilsiniz-arkadaslar-toparlandik-mi-harika-haydi-o-zaman/2 https://www.diken.com.tr/adil-secimden-24-haziran-ozru-secmenlerin-beklentisini-karsilayamadik/3 https://t24.com.tr/haber/chp-yuzde-99-9-oraninda-islak-imzali-sandik-sonuc-tutanaklarini-sistemimize-girdik,11104024 https://www.tcmb.gov.tr/wps/wcm/connect/40586e6c-06ff-47b6-9b2e-11d77611dfd6/01.pdf?MOD=AJPERES&amp;CACHEID=ROOTWORKSPACE-40586e6c-06ff-47b6-9b2e-11d77611dfd6-m5lkoKU

Foreign Exchange (FX) and Banks after the Election 

The Constitutional Court (AYM) made an important decision regarding the objective bindingness of the violation decisions in the individual application.[1] Accordingly, the violation decision of the Constitutional Court in an individual application is also binding for other similar cases and should be taken into account by public authorities and courts. In fact, one of the purposes of individual application is to raise the human rights standard of the country. For this, it is necessary to accept that the decisions of the Constitutional Court within the scope of individual application have a dual function. On the one hand, the Constitutional Court interprets the scope and limits of constitutional rights on the occasion of a concrete application. This is the objective function of individual application and mediates the realization of constitutional justice by determining the scope of fundamental rights and freedoms. On the other hand, the Court performs individual justice by determining the violation of the applicant's right and deciding to remedy the violation and its consequences. This is called the subjective function of the individual application.Indeed, the subjective function of the individual application cannot be ignored. It is vital that individuals whose constitutional rights have been violated can seek their rights before the country's highest court. However, it is virtually impossible for a 17-member court to detect all violations of rights suffered by 85 million people living in the country and to redress their rights. For this reason, the objective function of the individual application should be brought to the fore and the general (erga omnes) bindingness of the individual application decisions should be implemented in order to provide the expected benefit from the individual application. In other words, after the Constitutional Court decides on a violation, public administrations should harmonize their practices and other courts' decisions with the decision of the Constitutional Court. In fact, this is also a requirement of the principle of "subsidiarity" of the authority of the Constitutional Court and individual application. For this reason, it has already been stipulated that other legal remedies should be exhausted before applying to the Constitutional Court. Fundamental rights and freedoms should be protected primarily by public authorities and courts of instance.In this respect, the decision of the General Assembly of the Constitutional Court, İbrahim Er and others, is of vital importance. In the application in question, the Constitutional Court examined the decisions regarding the refusal of the applicants' requests for a retrial, which had been tried by various courts on the grounds that they were members of the Hizb-ut Tahrir organization and were punished for membership of a terrorist organization and whose sentences had been finalized. In its previous decision of Yılmaz Çelik in 2018, the court stated that there was not an adequate assessment of Hizb-ut Tahrir as a terrorist organization in the decisions of the instance courts and that it was not sufficiently clear on which ground the decisions of the instance courts, which looked like repetition of some template sentences, were based. Within the scope of the right to a fair trial, which is guaranteed in Article 36 of the Constitution, the right to a "reasoned decision" has been violated.In the judgment of İbrahim Er and others, the Court stated that the evaluations made in the Yılmaz Çelik decision should have an impact on those in similar situations. In this context, reminding that after the Yılmaz Çelik decision, many courts accepted the requests for retrial and made a re-evaluation of individuals and gave acquittal verdicts, the Court emphasized that in the present case, the court of first instance rejected the applicants' requests without giving any justification, ignoring the decisions of the Constitutional Court. Stating that after Yılmaz Çelik's decision, no evaluation was made about why Hizb-ut Tahrir was accepted as a terrorist organization in the Turkish judicial system and that the issue was not resolved by considering the criteria set forth by the Constitutional Court, the Court further added that the requests for retrial were rejected and the execution of the decisions continued. Stating that every decision that does not include an assessment of whether Hizb-ut Tahrir is a terrorist organization will result in a violation of the right to a reasoned decision, which is a requirement of the principle of fair trial, the allegations put forward by the applicants in the concrete case and may change the outcome of the proceedings are not taken into account and properly evaluated. The Court decided that the right to a reasoned decision within the scope of the right to a fair trial guaranteed in Article 36 of the Constitution had been violated.This decision is a pioneering one in terms of the protection of human rights. However, in order for this to provide the expected improvement, first of all, it should not remain as an exception, and similar decisions should be made in all similar cases. Meanwhile, the Constitutional Court must act more carefully and not act selectively in applying ECHR standards in its own decisions.&nbsp;<a fr-original-style="" href="#_ftn1" name="_ftnref1" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""> </a><hr align="left" size="1" width="33%" fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"> <a href="#_ftn1" name="_ftnref1" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a>[1] İbrahim Er and others[GK], B. No: 2019/33281, 26/1/2023, the decision can be accessed via https://kararlarbilgibankasi.anayasa.gov.tr/BB/2019/33281

General Binding of AYM Decisions

Istanbul Metropolitan Mayor Ekrem İmamoğlu was attacked with stones by a group during his rally in Erzurum. In the attack, many citizens in the rally area were injured by the stones that hit them. İmamoğlu stated that the Mayor of Erzurum Metropolitan Municipality and the Governor of Erzurum were responsible for not taking the necessary precautions regarding this attack. İmamoğlu calmed the crowd in a way that would not increase the tension and left the scene after a while after making sure the health of the citizens participating in the rally.Various statements were made by the government on the subject. Erzurum Metropolitan Municipality Mayor Mehmet Sekmen defended himself by saying that the requested venue was not a meeting place. Interior Minister Süleyman Soylu stated that 16 people were detained in connection with the attack, and one of them was affiliated with FETÖ. Minister of Justice Bekir Bozdağ also announced that there were detentions in the attack in Erzurum. However, 15 people who were detained were soon released. Soylu called İmamoğlu a provocateur and accused him by stating that "the reason he held this rally here is to cause this fight. Ekrem İmamoğlu is one of the biggest frauds ever." It is not impossible to understand that Soylu, who is responsible for ensuring the security of the country and the election environment, adopts such a hostile attitude towards this attack targeting the physical integrity of politicians.A few days later, during the Sakarya rally, a stone attack against Kemal Kılıçdaroğlu's convoy took place. A 15-year-old boy was detained in connection with this incident. Upon the incident, Kılıçdaroğlu called the security authorities and stated that he did not file a complaint against the aggressor and said that "the important thing is to reach those who instill this hatred in that child."Türkiye is holding one of the most important elections in its recent political history. It is extremely important for the country to overcome this tense process peacefully that the ministers, administrators, and law enforcement officers perform their duties, being aware of their responsibilities, in order to prevent the increasing attacks before and after the election.

Attack on İmamoğlu and Kılıçdaroğlu

We are fast approaching to the 2023 Turkish general elections. Before the elections, the People's Alliance stands out with its polarizing, hostile and discriminatory rhetoric. The Nation Alliance, on the other hand, draws attention with its rhetoric based on reconstructing social peace, reconciliation and love with the heart signs made with hands during the campaign. However, in recent weeks, the homophobic rhetoric of the Yeniden Refah Partisi and the threats to the existence of LGBTI+ organizations seem to have been accepted by the society to a certain extent, and similar statements were also reflected in the discourses of the Nation Alliance candidates.In the event that the People's Alliance wins the elections, many worrying scenarios are foreseen for non-governmental organizations and individuals working in the field of LGBTI+ rights. The reason is clear. Some members of the People's Alliance openly promise that LGBTI+ associations will be closed. In an environment where these hate speeches are spearheaded by the President, the Minister of Interior and the Minister of Justice, the polarizing discourses of "either us or LGBT people" cause anxiety among LGBTI+ rights defenders.[1]Although the Nation Alliance stands out with its more peaceful and inclusive rhetoric that gives confidence to LGBTIs, unfortunately, there have been some statements to the contrary from this very segment recently. These statements, which can be interpreted as making fun of LGBTI identities and associating them with immorality, are disappointing because they are made by those who we think are more democratic and peaceful in politics.[2] Although this situation did not lead LGBTI individuals to give up supporting the Nation Alliance candidate in the Presidential elections, it greatly reduced their expectations from a possible Nation Alliance government.[3] Nevertheless, although homophobic statements are false and distrustful, in the light of their statements so far, it can be expected that LGBTI+ individuals will be freer and more comfortable in a possible Nation Alliance government compared to their current situation.The ongoing discourse of the People's Alliance reflects a superiority or inferiority between lifestyles where the winner will make the life of the other difficult. On the other hand, it would be appropriate to see the homophobic statements of the Nation Alliance, which emphasizes social peace, reconciliation, and unity in almost every issue, as a mistake made as a result of carelessness rather than a sign of public policy preference.<a fr-original-style="" href="#_ftn3" name="_ftnref3" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""> </a><hr align="left" size="1" width="33%" fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"> <a href="#_ftn3" name="_ftnref3" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a>[1] https://bianet.org/bianet/lgbti/278415-secim-yarisinda-nefret-yayiliyor-lgbti-dernekleri-uyardi-suc-isliyorsunuz[2] https://kaosgl.org/haber/millet-ittifaki-bilesenleri-acilen-ayrimci-soylemden-geri-donmeli-lgbti-haklarini-konusmali[3] https://kaosgl.org/haber/lgbti-lara-nefret-soylemi-toplum-sagligini-olumsuz-etkiliyor

The Difficult Test of LGBTI+s: 2023 Elections

The current 16 ministers and Vice President Fuat Oktay became candidates for the Justice and Development Party in the general parliamentary elections to be held on 14 May 2023. However, these people did not resign from their posts. According to Article 76 of the Constitution, public officials cannot be candidates for parliament unless they resign from their duties. The third paragraph of Article 76 is as follows: “As long as judges and prosecutors, members of higher judicial bodies, faculty members in higher education institutions, members of the Council of Higher Education, civil servants of public institutions and organizations, and other public officials who are not workers in terms of their services, and members of the Armed Forces, resign from their duties they cannot be candidates and cannot be elected as members of parliament.”Similarly, in Article 18 of the Law on Elections of the Deputy No. 2839, titled "Persons to be resigned for candidacy"; "Judges and prosecutors, members of higher judicial bodies, faculty members in higher education institutions, members of the Council of Higher Education, Radio and Television Supreme Council, civil servants of public institutions and organizations and other public officials who are not workers in terms of their services, mayors who want to be candidates and officers and non-commissioned officers, the chairman and members of the provincial and district administrative boards and members of the municipal councils of the political parties that want to be candidates, the members of the provincial council, the professional organizations in the nature of public institutions and the trade unions, the public banks and the higher organizations and their enterprises or partnerships in which they participate are subjected to the rule that if a decision is made to renew the election one month before the start of the general and by-elections, those who take charge in the board of directors and supervisory boards cannot put forward their candidacy and cannot be nominated unless they want to leave their posts within seven days of the announcement of the renewal decision.’’Based on these provisions, many objections were made to the YSK on the grounds that the vice president and ministers were nominated without resigning. According to media reports, the YSK rejected these objections.[1] The said decision of the YSK was not published in the Official Gazette and on the Board's website. However, it is understood from the media reports that the decision of the YSK was based on the justification that the ministers were not public officials. In the YSK decision, it was emphasized that the Ministers were not counted in Article 18 of the Law No. 2839, and it was reminded that they took an oath in the Grand National Assembly of Turkey when they took office, and it was concluded that the appointed Ministers did not need to resign in order to become a parliamentary candidate. However, it should be noted that this decision is open to discussion and negatively affects the fairness of the election.<a href="#_ftn1" name="_ftnref1" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a>First of all, it should be noted that the status of ministers has completely changed after the 2017 Constitutional Amendment. Ministers are no longer political personalities and members of the executive branch, but are the administrative agents of the President, who is the executive organ. In other words, it is necessary to explain how the ministers who do not need the vote of confidence of the legislature to take office and cannot be dismissed by the Grand National Assembly of Turkey, who are directly responsible to the President, are not counted in the category of other public servants who are not workers in terms of their services. It is not possible to understand how the fact that the ministers took the oath in the Grand National Assembly of Turkey when they were taking office excludes them from the scope of public servants. The reason why ministers are not listed separately in Article 18 of the Law No. 2839 and 76 of the Constitution is clear. It is in accordance with the nature of the parliamentary system that ministers who were elected deputies and political figures before the 2017 amendment did not resign. However, the legal status of the ministers was not regulated during the transition to the presidential government system. In this case, there is no rule stipulating that they should be exempted from the status of public servant.On the other hand, the fact that the ministers do not resign makes it difficult for the elections to be held in a fair competition environment. Ministers make unlimited use of public resources and exercise their public powers during the election campaign period. Law enforcement officers affiliated to the Minister of Interior, who is a parliamentary candidate himself, carry out operations against the candidates of other political parties, and prosecutors under the control of the HSK, headed by the Minister of Justice, who is also a parliamentary candidate, can open investigations.&nbsp;Recently, the display of aid boxes belonging to AFAD in a minister's campaign vehicle also shows that public resources are used by ministers for election propaganda. * Ali Rıza Çoban – Constitutional Lawyer <hr align="left" size="1" width="33%" fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"><a href="#_ftn1" name="_ftnref1" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a><a fr-original-style="" href="#_ftnref1" name="_ftn1" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""></a> [1] https://www.haberturk.com/ysk-muhalefetin-basvurusunu-reddetti-3584112

Ministers can be candidates for parliament without resigning

On April 27, 2023, the Central Bank of the Republic of Turkey Monetary Policy Committee (PPK), which is the sole authority on Turkey's monetary policy, convened. In yesterday's meeting, the Central Bank kept the one-week repo rate, which is used as the policy rate, constant at 8.50%. So, it didn't actually change it. This attitude was also predicted in the surveys conducted before the decision. In the statement of the PPK decision, it was emphasized that the interest rate was kept constant in order to ensure that the financial conditions were supportive after the earthquake. Of course, despite everything, the Board reconsidered the part that it repeats in every PPK decision: “The Central Bank will continue to use all its instruments resolutely within the framework of the Liraization strategy until strong indicators pointing to a permanent decline in inflation emerge and the medium-term 5 percent target is achieved in line with the main objective of price stability”. We do not want to go into the details of this issue, as we have previously discussed the details of the Liraization strategy and its results in the previous bulletin.[1]The main issue that we should pay attention to, regardless of the content of the meeting, is that this meeting is a very clear expression of the collapse of institutions in Turkey. Decisions on monetary policy affect the course of the economy in all countries where institutional capacity is not so destroyed. But our central bank has deactivated the most powerful tool at its disposal in accordance with political instructions. The Central Bank now takes decisions under the title of "macro precautionary measures" that do not quite fit the spirit of monetary policy.On the other hand, the issue of monetary policy cannot be evaluated only in terms of democratic institutions. Of course, the stances of central banks may reflect the democratic preferences of countries. But this does not always have to be the case. Putin showed us a recent example of this. In his annual "State to the Nation" speech on 07.01.2022, Putin stated that they should reach the 4 percent inflation target in the economy and expressed that the expansionary monetary policy adversely affected macro-economic policies. He responded to the criticisms of the central bank as follows: “Of course you can scold the head of the Central Bank. I am in constant communication with the real sector. I know the arguments they accuse the Central Bank of. The real sector does not like interest rate hikes. But if we do not do this, we may end up like Türkiye. The real problem is here. This is an important issue and a challenge. Of course, we must be careful when using this instrument, but the Central Bank's policies are independent. It may seem strange to you, but I do not interfere with the Central Bank.”[2]Even an autocratic leader like Putin accepts some preconditions of the economy and does not resist them. But our central bank and the politicians who are its real managers ignore even this basic fact.&nbsp;Their sole purpose is to prevent the rise in the dollar until the election is over. But they have not been able to do this fully. Let this be the main topic of the next Bulletin.*&nbsp;Enes Özkan – Economist, Istanbul University <a fr-original-style="" href="#_ftn2" name="_ftnref2" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""></a><a fr-original-style="" href="#_ftn2" name="_ftnref2" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""> </a><hr align="left" size="1" width="33%" fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;">1&nbsp;https://www.tcmb.gov.tr/wps/wcm/connect/en/tcmb+en/main+menu/announcements/press+releases/2023/ano2023-172 Euronews Youtube Channel: https://www.youtube.com/watch?v=-tN0N-06IkI<a href="#_ftnref2" name="_ftn2" target="_blank" title="" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a>

Once Upon a Time: The Central Bank

The Presidential and Parliamentary elections, which will be held on May 14, are a critical turning point for Turkey in many respects. After the elections, regardless of the results, dramatic changes await us in the country's economic and political situation. Parties that are aware of the risks and spend all their energies on setting the agenda. While the AKP follows a political and economic populist election strategy, opposition parties are running a more constructive campaign targeting the votes of "median" voters.&nbsp;In all this turmoil, the parties are trying to implement other methods that can affect the election results as well as the struggle on the field. Chief among these is influencing the decisions of the YSK regarding the implementation of the election and the creation of ballots.For this purpose, the AKP representative of the YSK, Recep Özel, made an application to the YSK. In this application, he requested that the phrase Nation Alliance should not be included in the ballot papers on the grounds that the 4 political parties within the Special Nation Alliance did not submit a list of candidates, and the CHP and IYI Party did not submit a candidate list in some electoral circles, on the other hand, they did not submit an additional protocol to change the alliance protocol. In the application, he stated that with the removal of the Nation Alliance from the ballots, the calculation of the election threshold should be done separately for each political party. Evaluating the application, the YSK stated that "although the Democracy and Atılım Party, Democratic Party, Future Party and Felicity Party, which are all members of the Nation Alliance, have not nominated candidates in any electoral districts, the CHPand the İYİ Party, which are the other parties in the alliance, are in the provinces. The YSK &nbsp;rejected this application by a majority, saying, "The request that the Nation's Alliance continues and that the alliance protocol is invalid because the CHP and İYİ Party has nominated candidates for more than half of the total of electoral districts." YSK chairman Ahmet Yener and three other members voted "against" this decision.Although the YSK's rejection of the AKP representative's request to remove the phrase Nation Alliance from the ballot papers is positive in terms of establishing fair competition, the fact that four members voted for the acceptance of this obviously unfounded demand raises concerns about the decisions to be taken by the YSK, especially on the election day and after. Considering the decisions that the YSK has hindered the democratic process in the past months and especially in the 2019 local elections, considering the benefit of the AKP, we can say that the way to win this election is not only through the ballot boxes, but also through the decisions of the YSK. In this respect, the members of the YSK, who are supposed to be impartial, have a great responsibility in this election. *&nbsp;Ömer Faruk Şen – Ph.D. – Missouri University&nbsp;

YSK Decisions

Within the scope of the lawsuit regarding the closure of the Peoples' Democratic Party pending in the Constitutional Court, the Chief Public Prosecutor's Office of the Supreme Court requested that the bank account to which the party's aid received from the treasury was being blocked, and the Constitutional Court gave the injunction to block the account on 5 January.[1] This decision was taken by the votes of 9 members, while 6 members objected. Evaluating the application made by the party for the annulment of this injunction, the Court decided to revoke the injunction on March 9, 2023, after receiving the defense of the defendant party.[2] This decision was made by the majority of 8 members, despite the opposition of 7 members. Between these two decisions, it is understood that the two members changed their minds. It is understood that the explanations in the said news belong to one of these members.According to the news, after the decision to lift the measure, the President called the members who voted to lift the measure and said, "I trusted you a lot. How do you vote to unblock accounts?" asked. There was no denial about this news. If the news is true, there is no doubt that the questioning of a high judge by the head of the executive body constitutes an intervention in the judiciary. The fact that such intervention takes place in an ongoing party closure case further increases the gravity of the situation. Because the decision to close a party while approaching the elections has the potential to affect the results of the election.One of the basic principles of the rule of law is the independence of the judiciary. In a country where the judiciary is not independent, the rule of law is emptied its meaning. The principle of equality before the law becomes inapplicable. In a place where the judiciary is not independent, the law and the judiciary cannot guarantee of rights and justice, on the contrary, they become instruments of arbitrariness and tyranny.Although the independence of the judiciary has always been problematic in Turkey, it has been expressed by all independent observers that the most fundamental problem facing the erosion of the rule of law in the last decade is the interference with the structural independence of the judiciary. The structural independence of the judiciary vis-à-vis the executive has been seriously weakened as a result of numerous constitutional and legal changes to the structure of the Council of the Judiciary (HSK) and high courts, the dismissal of one-third of the existing judges after the coup attempt, and the easing of conditions for the appointment of the large number of new judges.However, this news shows that the problem is not only structural but also that there may be direct interventions against judges and decisions. Such interventions not only lead to unjust decisions but also have political consequences. Controversial decisions, such as the cancellation of the Istanbul Metropolitan Municipality election given by the Supreme Election Board in the past, and the validation of unsealed votes in the Constitutional referendum, also had political consequences. During the election process, the Supreme Election Board will make decisions on critical issues such as whether Erdoğan will be a candidate for the third time, and whether the ministers can become a parliamentary candidates without resigning. Decisions must be free from any suspicion of interference. Such doubt makes democratic legitimacy questionable.Statements by a supreme judge that he was questioned by the executive for his decision are of historical significance. If these allegations are investigated and determined to be true, legal processes should be initiated. * Ali Rıza Çoban – Constitutional Lawyer<a fr-original-style="" href="#_ftn2" name="_ftnref2" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""></a>

The Freedom Observer

The Freedom Observer

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The Difficult Test of LGBTI+s: 2023 Elections

Ministers can be candidates for parliament without resigning

Once Upon a Time: The Central Bank

YSK Decisions

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