Turkey's election board under pressure to explain Istanbul vote annulment
Ten days after it annulled Turkey's most dramatic election
upset in years, the country's electoral authority faces a barrage of questions
from opposition parties who say there was no legal basis to cancel the vote.
The High Election Board said irregularities affected the
outcome of the March 31 mayoral election in Istanbul, when the main opposition
Republican People's Party (CHP) narrowly defeated President Tayyip Erdogan's AK
Party (AKP).
It ruled that the vote in Turkey's largest city and
commercial hub, the biggest prize in the nationwide local elections, be re-run
next month because some polling officials were not civil servants, as required
by voting regulations.
The decision to reverse Erdogan's rare election setback was
described by Turkey's Western allies as incomprehensible. Critics said one of
the last checks on his ever-tighter hold on power had suffered a damaging blow.
"The most fundamental value of our political tradition
is that the last word belongs to the national will, which is manifested in the
ballot box," Erdogan's erstwhile ally Ahmet Davutoglu, a former AKP prime
minister, said last week.
"The annulment decision has opened the way to damaging
these fundamental values of ours."
Erdogan has ruled Turkey since 2003, first as prime minister
and then as president, winning more than a dozen elections.
He remains Turkey's dominant politician, but economic
recession and a slump in the lira have eroded support for his Islamist-rooted
AKP. The CHP argues that by refusing to accept any loss of power, he is
dragging Turkey deeper into authoritarianism with the help of increasingly
co-opted institutions such as the High Election Board (YSK).
"A game where those who come with elections don't leave
with elections was approved by a gang influencing the YSK," CHP spokesman
Faik Oztrak said last week. "A coup was carried out on the ballots, which
are the last bastion of democracy."
Erdogan's party says it provided concrete evidence of
wrongdoing in the electoral process and the election board acted solely on the
information available. "The power of the ruling party was never used on
the YSK," an AKP official told Reuters.
The AKP described the irregularities in the mayoral vote as
"organised crime" which affected the outcome. The AKP has said the
re-run of the mayoral election was aimed at ensuring the public will was
reflected in the ballot.
ELECTION IMPACT
The YSK decision was passed by a 7-4 majority. Its 11 members,
all judges, are chosen by Turkey's two highest courts whose members are
selected by a judicial council appointed partly by parliament and partly by the
president.
The election board has yet to publish a detailed explanation
for its decision. "When the reasoning is finished, we'll share it,"
YSK head Sadi Guven, who was part of the dissenting minority, told reporters on
Wednesday.
In a May 6 statement, it said the ruling was based on the
fact that some polling stations in Istanbul were "formed illegally by the
district electoral board, and this issue impacted the results of the
elections".
A day after the announcement, a Turkish lawyers group said
the irregularities cited in the YSK ruling should have been challenged before
the vote, when they were apparent.
The Union of Turkish Bar Associations said the YSK had also
failed to explain how those violations had changed the result of the election,
and the ruling contradicted several previous YSK decisions.
Two years ago the YSK angered Erdogan's opponents when it
ruled, in the midst of voting on a tightly fought referendum to grant the
president sweeping executive powers, that unstamped ballot papers would be
accepted - a decision which the bar associations said lifted a safeguard
against voter fraud.
Aylin Ozgul Kirmizioglu, one of the four party
representatives who are allowed to observe YSK meetings, said she was stunned
to hear one of the judges first support cancelling and re-running the election.
"When I heard the first annulment vote, I had the shock
of my life," Kirmizioglu, from the opposition Iyi (Good) Party which was
allied to the CHP, said. "I was truly very surprised and we, as the
representatives, all looked at each other to see if we had heard right."
Kirmizioglu said it was illogical for the YSK to rule the
mayoral election invalid when three other votes for local councils and
administrators submitted in the same envelopes at the same polling stations on
the same day were deemed valid.
The AKP argued it was reasonable to focus on the mayoral
election because the victory margin - 13,000 votes in a turnout of nearly 9
million - was so thin.
Kirmizioglu said: "It's very wrong to expect the public
to understand this, since even we as lawyers don't get it.