İSTANBUL - Stating that the provision regarding the postponement of elections in the constitution is clear, lawyer Turgut Kazan said that neither Erdoğan, the YSK nor the Parliament could take this decision except in the "state of war between the states," and if it is taken, it would mean "seize the power and stage a coup".

 

On the second day of the earthquakes in Maraş, President Recep Tayyip Erdoğan declared a State of Emergency (OHAL) in the region. The Assembly, which convened on February 9, approved the State of Emergency decision and put it into effect despite the opposition's objections.

 

While the concerns about the postponement of the elections increased after the declared state of emergency, Bülent Arınç, one of the founders of the AKP and the former Speaker of the Parliament, stated that "The election can only be postponed with the approval of the Parliament in case of interstate war" in Article 78 of the Constitution; however, he argued that the elections should be postponed. Arınç also defended the abolition of the Constitutional article by the Parliament, saying, "Yes, there is this provision, but constitutions are not sacred texts, they are legal texts." After Arınç's statements, comments were made that the AKP could delay the election by the hand of the Supreme Election Board (YSK).

 

We talked to Turgut Kazan, the former head of the Istanbul Bar Association, regarding the definition of the relevant article in the Constitution and the authority of the YSK regarding this situation, as well as the debates on the postponement, which were exacerbated by Arınç's statements.

 

WHAT IS THE PROVISION OF THE CONSTITUTION?

 

Pointing to Article 78 of the Constitution, which includes the provision on the postponement of elections, Kazan drew attention to the fact that this is a very clear provision. In the relevant article, Kazan said: "The election can only be postponed by the Parliament in case of war. The election can be postponed for one year with the relevant provision. If the war conditions do not change, this can be renewed for one year. This provision is in the constitution. For once we must be in conditions of war. The Second Parliament must decide. The provision is very clear. Loyalty to the Constitution is essential".

 

ELECTION CANNOT BE POSTPONED

 

Expressing that the AKP may try to postpone the election with the help of the YSK, Kazan said: "The YSK may put forward the conditions caused by the earthquake and attempt to give the postponement decision to the Parliament. Just as it violated the obvious rules of the law, such as counting unsealed votes valid, and counted unsealed votes as valid, just as Istanbul was canceled the elections in an incredible way, it is thought that YKS will make such a decision; however, there are duties that fall to the YSK. What are these tasks? According to Article 14 of Law No. 298 on the basic provisions of the elections; It is necessary to determine the places where the 13 million voters affected by the earthquake are and take precautions. It has no authority to postpone the election due to these conditions. "Neither the President can delay it, nor the YSK nor the Parliament can delay it."

 

'THE PROBLEM OF LEGITIMACY'

 

Underlining that the YSK had to hold the election on June 18, Kazan said: “It needs to take measures to ensure that the people there participate in the elections, make it a principle decision and send it to the district election rules. In other words, whether people stay in the dormitory, stay in a hotel, stay in a friend's house, or stay in a rental place, wherever they move, they must have already kept their public records or through the headman's office. If the YSK decides to postpone, then there will be a problem of legitimacy. By postponing the elections even though you do not have constitutional authority, you are giving a kind of power and authority to the current government, the one-party regime, the only official, to continue the administration.”

 

'STAGED A COUP AND SEIZED THE POWER'

 

Stating that with this situation, the legitimacy of the government and the YSK will be the subject of discussion, Kazan continued his words as follows: “If the legitimacy problem starts, you cannot be in power. You cannot do your duty. YSK should do whatever it takes to save Turkey; therefore, it should not cause us to experience a problem of legitimacy within the constitutional system. If it happens, the administration loses its legitimacy. In a way, the administrator is deemed to have "staged a coup and seized the power". Then it should be avoided. Both President Erdoğan should not think of such a thing, and neither the AKP nor the YSK should think such a thing. If it is done, it will be the biggest evil that will be done to Turkey.”

 

Expressing that the social opposition should react to this, Kazan said, "It is not possible to say 'yes' to such a thing, to give consent to such a thing."

 

MA / Mehmet Aslan