60. If a particular institution is responsible for overseeing compliance with existing rules against abuse of state resources, what powers is it granted?
Turkey
Source: Article 61§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
Source: Article 82§12, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2018, Law No. 298).
Source: Article 174§1 and 2, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2008, Law No. 298).
Source: Article 180, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).
Although there is no legally assigned institution for overseeing compliance with the rules against abuse of state resources in the relevant legislation, the Law is executed by the Council of Ministres (currently the President of the Republic). Moreover, The Supreme Board of Elections is entitled to solve the issues borne from the practice of this Law as the final authority and refer the public prosecutor for criminal prosecution and investigation. Furthermore, recently a new paragraph added to the Law No 298 (Article 82§12) which means that the chairman of the district election board takes measures to ensure that the prohibitions stipulated in this law to be followed.
The relevant legal provisions can be listed as follows:
[...] The authority to take action on the prohibitions specified in this Article belongs to the local authorities (governorate) until the thirtieth day before the voting date, and the district election boards within the last thirty days. [...]
Source: Article 61§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).
[...] The chairman of the District Boards of Elections takes measures to ensure that the work and operations of [...] the prohibitions stipulated in this Law are followed; [...]
Source: Article 82§12, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2018, Law No. 298).
[...] An investigation and prosecution is carried out within the framework of general provisions, regardless of the title and duties of those who commit one of the crimes written in this Law (No. 298) or those who should be punished according to the general provisions of this Law.
Investigation about the governors shall be conducted by the Chief Prosecutor or Deputy Chief Prosecutor of the Republics for the Court of Cassation and the prosecution is carried out by the relevant criminal department of the Court in accordance with the general provisions. [...]
Source: Article 174§1 and 2, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2008, Law No. 298).
[...] Public prosecution for election crimes cannot be prosecuted unless opened within six months of the election. [...]
Source: Article 180, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).
