MINISTERS RUNNING IN THE PARLIAMENTARY ELECTIONS MUST STEP DOWN
11 April 2023
Following the political parties’ submission of the parliamentary candidate lists to the Supreme Electoral Council, a fact we knew before became clear. The Justice and Development Party nominated all ministers, except the Minister of Health and the Minister of Culture and Tourism, as parliamentary candidates. We believe that this move is both ethically and legally unacceptable and that ministers must resign as soon as they become parliamentary candidates, like all other public officials.
On 16 March 2023, the Supreme Electoral Council rendered a decision (2023/91). In this decision, the Council clearly set forth that one should resign from office at a certain date to become an eligible candidate to run in the parliamentary elections as stipulated in Article 18 of Law No. 2839. We know that the Supreme Electoral Council has rendered similar decisions in other elections.
The Supreme Electoral Council stated in this decision that “Judges and prosecutors, members of higher judicial bodies, academic staff in higher education institutions, members of the Higher Education Council and the Radio and Television Supreme Council, civil servants and others that do not qualify as workers in terms of their service, mayors, officers and non-commissioned officers, chairpersons and members of provincial and district executive boards of political parties, members of municipal councils, members of provincial general councils” should resign from their posts until 17:00 on 16 March 2023.
In 2017, a constitutional amendment was introduced. Ministers are now public officials appointed by the president. They are the hierarchical superiors of the ministry they head, and they are higher-ranking public officials.
Therefore, people who are candidates for parliamentary seats and who wield public power should resign during the election campaign as is required not only legally but also ethically. Ministers are public officials who use public power. They must resign as other public officials do, otherwise, an unequal situation between them and other parliamentary candidates arises.
We, as human rights defenders, would like to once again remind the Supreme Electoral Council of this state of affairs. You are allowing an unequal race. People who are public servants, who are appointed as ministers by the president, must resign from their posts according to Article 18 of the Election Law, just like other public servants. The Supreme Electoral Council has so far tolerated this situation that would create inequality. In a climate where election security is a matter of debate, ministers who can use their public power must step down unequivocally.
Therefore, it would be both legally and ethically appropriate for all ministers who are candidates for parliamentary seats, except for the Minister of Health and the Minister of Culture and Tourism, to resign and new ministers should be appointed in their place.
HUMAN RIGHTS ASSOCIATION