57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Turkey
Source: Article 69§3 and 10, 1982 Constitution of the Republic of Turkey (as amended in 1995, Law No. 2820).
Source: Article 74§1 and 3, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820).
Source: Article 75§1 and 3, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).
Source: Article 76§1, Law on Political Parties, 1983 (as amended in 1999, Law 2018).
Source: Article 77, Law on Political Parties, 1983 (Law No. 2820).
Source: Article 101§1-c and 2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).
Source: Article 14§6 and 9, Law on Presidential Election, 2012 (Law No. 6217).
Source: Article 30§2, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).
Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).
Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.
Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.
The Constitutional Court performs its audit by examining documents and/or conducting investigations and making inquiries at the parties’ headquarters or their local branches. The Court is assisted by the Court of Accounts in the preparation of technical review reports. The Court can decide to register unlawful incomes and expenditures as income to the Treasury.
The Supreme Board of Elections is entitled to examine the donations, aids and expenditures of the presidential candidates in compliance with form and procedure stated in the Law No. 6217 and the applicable provisions of the Law No. 298. The portion of the donations and aids exceeding the specified limit and the unspent income is transferred to the Treasury. There is no specific provision concerning expenditures made by presidential candidates not in compliance with the form and procedure required by the Law and Circular No. 201 of the Supreme Board of Elections.
During the election period, Supreme Council of Radio and Television (RTÜK) monitors broadcast –radio and Tv-, including political advertisements, in accordance with the Law No. 6112 and the principles and procedures determined by the Board, and applies administrative sanctions directly which are subject to judicial review.
Decisions of the Court and the Board are final and not subject to judicial review.
Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.
Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.
[...]The judgments rendered by the Constitutional Court because of the auditing shall be final.
[...]
Political parties that accept aid from foreign states, international institutions and persons and corporate bodies of non-Turkish nationality shall be dissolved permanently. [...]
Source: Article 69§3 and 10, The Constitution of the Republic of Turkey, 1982 (as amended in 1995, Law No. 2820).
Decision of dissolution of a political party shall be made by the Constitutional Court where: [...]
c) a political party receives financial assistance from foreign states, international organizations and legal and natural persons with non-Turkish origins.
Depending on the severity of the actions in these paragraphs, the decision may be made to partially or completely deprive the amount of the last year of State aid received by the relevant political party; to return the same amount to the Treasury if the aid is fully paid.
Source: Article 101§1-c and 2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).
[...]
The Constitutional Court shall conduct the financial audits of political parties. The Constitutional Court shall audit whether the procurement of assets and the revenues and expenditures of political parties are in accordance with the Law. However, compliance with the law cannot be performed in a way to restrict the activities deemed necessary for a political party to fulfill its objectives or to include the propriety of these activities. The audit shall be based on actual targets of the expenditures. Deficiencies regarding form and procedure do not warrant the refusal of the expenditure. [...]
[...]
In case of a closure decision about the political party, the accounts for the period up to the date of the closure decision are also audited and decided by the Constitutional Court. In this case, the final account for the audit and other principles and procedures regarding the audit are determined by the Constitutional Court. [...]
Source: Article 74§1 and 3, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820).
[...]
The Constitutional Court may, at any time, ask the political parties to document information pertaining to the final accounts.
The Constitutional Court shall perform its audit in the form of examination of documents. This audit may be conducted on the basis of the reports to be prepared with the assistance of the Court of Accounts or by way of researches and inquiries to be conducted at the headquarters of the political parties and their local organizations directly, or by a delegated member from among its members, or by the most senior judicial or administrative judge of the locality to be delegated. In that respect, a sworn expert may be commissioned.
The Constitutional Court may request a written opinion from the chairperson or the representative of a political party; if deemed necessary, they may hear the verbal statements of the relevant persons including the responsible specialized accountants.
At the end of its audit, the Constitutional Court will decide on the authenticity of the political party’s revenues and expenditures and whether they are in compliance with the law or not, and will register those revenues and expenditures that are found not to be in compliance with the law as income to the Treasury.
Source: Article 75§1 and 3, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).
About the political parties, which the Constitutional Court determines to have received donations, acquired goods or proceeds in violation of the provisions of this Law herewith, , a decision shall be rendered to register as revenue with the Treasury the whole amount of the proceeds acquired through such ways; the proceeds exceeding the amount stipulated in the Law; the value of the immovable properties equivalent to the amount exceeding the legitimate threshold; and for the title deeds of the immovable property to be registered with the Treasury.
Source: Article 76§1, Law on Political Parties, 1983 (as amended in 1999, Law 2018)
If it is determined that a political party owns immovable properties in violation of the principles enshrined in the Article 68 of this Law herewith, such properties shall be liquidated by the political party upon the decision of the Constitutional Court and within the period set out by the Court.
Source: Article 77, Law on Political Parties, 1983 (Law No. 2820).
The Supreme Board of Elections will give a suitable period for the candidates to complete the missing information and documents at the examination. The amount exceeding the limit of donations and aids shall be registered as to the Treasury. [...]
The procedures and principles related to the implementation of this provision (Article 14) shall be determined by the Supreme Board of Elections.
Source: Article 14§6 and 9, Law on Presidential Election, 2012 (Law No. 6217).
The Supreme Council shall monitor, supervise and evaluates broadcasts of the media service providers during the election periods in accordance with the decisions of the Supreme Board of Elections.
Source: Article 30§2, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).
[...] an administrative fine from two percent up to five percent of total gross commercial communication revenue within the month preceeding the month when the violation is identified. The amount of the administrative fine shall not be less than one thousand Turkish Liras for radio enterprises and ten thousand Turkish Liras for television enterprises and on-demand media service providers. Additionally, as an administrative injunction, the broadcast of the programme subjected to the violation shall be decided to be suspended up to five times and as for on demand media services, the programme subjected to the violation shall be removed from the catalogue. By taking into consideration the nature of the violation, an administrative fine together with the administrative injunction may be imposed [...]
The Supreme Council is authorized to impose an administrative fine or an administrative injunction in accordance with the provisions of this Law.
Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).
