Were it to be concluded that SEC resolutions were to be applied with priority over the statutory article, the conclusion to be reached would be that all articles of the Election Law could be amended through SEC resolutions. This is in violation of the basic principles of law. Hence, decision must be made as a matter of priority in accordance with the provisions in the Election Law.
Azgit, saying that both of the resolutions that the SEC sent as messages were Council resolutions, but the resolution having the form of a circular had to be applied with priority, noted that the cancellation of a circular could only be done by means of another circular and so the circular has not been cancelled and remains in force.
With not even statutes having retroactive effect, the result would emerge of decisions of all manner taken in compliance with legislation being annulled through SEC resolutions. In my opinion, SEC resolutions are not retroactive. If it is accepted that the SEC resolution is not retroactive, the application of different rules in different polling settings would come into play. Under these circumstances, too, the poll results would be called into question.
There are at least 25 factors that delegitimize the referendum and its results, and once implemented, the repercussions on Turkey’s future will be dire and essentially seal the fate of the country’s prospective democracy:
1. The referendum was held under a state of emergency, in place since the July 2016 coup;
2. The referendum followed a purge, spreading fear and anxiety throughout the country;
3. The referendum was held under strict security conditions due to acts of terror by the PKK and ISIS;
4. Opposition members were intimidated, many of whom were imprisoned, shot, or beaten;
5. Concerns over personal safety inhibited the expression of a plurality of views;
6. Millions of Turks believe the referendum codifies Turkey as a dictatorship;
7. Many instances of voter fraud appeared to be captured on camera;
8. The new constitution inflicts a death blow to checks and balances in exercising power;
9. The “Yes” campaign received far greater media coverage than its opponents;
10. Professional associations were not allowed to hold campaign events to promote “NO”;
11. Top officials distorted campaign narratives equating the “NO” supporters to terrorists;
12. Erdogan falsely portrayed the referendum as the people’s choice in order to consolidate power;
13. The razor-thin victory strongly suggests that Erdogan has no mandate to rule;
14. Nearly 1 million ballots that were not stamped were considered valid;
15. Referendum shows that a cult of personality has become the new governing principle;
16. Erdogan skillfully used foreign foes and conspiracy theories to rally his Islamic base;
17. Domestic and international observers voiced serious doubts about legality of the process;
18. Voters were forced to vote on 18 amendments affecting 72 articles in a single package;
19. Voters weren’t provided with impartial information to make an informed choice;
20. The electoral board lacked transparency, whose sessions were closed to the public;
21. The arrest of over 100 journalists under emergency laws prohibited free expression;
22. A total of 158 media outlets were closed, including newspapers, TV, and radio stations;
23. Prior to the referendum, more than 1,500 civil society organizations were dissolved;
24. The freedom of assembly and association were restricted under the state of emergency;
25. Many Turks who fled the country out of fear were unable to vote.
Tim Drayton wrote:Interesting little report:
http://www.cumhuriyet.com.tr/haber/engl ... tance.html
Turkey is asking Germany for economic assistance. Further evidence that the gang of crooks who claim to be Islamic have robbed the country blind in an unislamic way and left it in ruin. There should be no assisance until they annul the fraudulent poll and Erdoğan stops acting as though he has been made dictator on the basis of it. As one slogan in recent protests put it: 'Keep the money, give back the votes you stole!' It also suggests that the general economic boycott some people are proposing could be effective.
Cap wrote:This is more important.
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