Constitutional referendum in Turkey 2017

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Referendum 2017
51.41%
48.59%
Yes No
Results of the constitutional referendum in the provinces and counties.
  • No
  • Yes

    • In a constitutional referendum in Turkey on April 16, 2017, the voters adopted the 18-point constitution-amending law No. 6771, thus amending a total of 69 articles of the constitution . The changes concerning the new constitutional position of the President and his powers came into force with the elections in June 2018 .

    Executive powers were concentrated in the hands of the president and his influence over the judiciary expanded. The proposals for constitutional amendment were passed in two readings by a majority of three fifths of the total number of members of parliament from the ruling Justice and Recovery Party (AKP) and the right-wing extremist Party of the Nationalist Movement (as required by Art. 175 Para. 1 Sentence 3 of the Constitution ) MHP) assumed during two opposition parties, the Republican people's party (CHP) and the mainly the Kurdish minority representing Democratic party of peoples (HDP) voted against; twelve members of the HDP, including all of their management staff, were detained. Since a three-fifths majority but not a two-thirds majority was achieved, a referendum was necessary.

    The campaign appearances of Turkish politicians abroad have been criticized internationally. The Venice Commission of the Council of Europe warned in advance of a “personal regime” and spoke of the danger of sliding into an authoritarian system. The proposed changes would not follow the model of a democratic presidential system. In addition, OSCE election observers u. a. the imprisonment of numerous journalists and opposition activists, as well as intimidation and threats against the “no” camp.

    On the evening of the election, the opposition (CHP, HDP, (former) parts of the MHP) spoke of electoral fraud and referred to the decision of the High Election Committee to validate ballot papers and envelopes without an official stamp. This should be up to three million "additional votes per Evet" (Evet = yes). Research results from Viennese statisticians from the Complexity Science Hub Vienna suggest that the election was decided by electoral fraud .

    The ruling AKP presents its proposed constitutional amendments to the parliamentary speaker İsmail Kahraman (AKP).
    The parliamentary constitutional body consisted of 15 AKP members, 5 from the CHP, 3 from the HDP and 2 from the MHP.

    background

    The constitutional law of 1921 expressly stated in Art. 2 that the Great National Assembly, constituted in 1920, was the only and real representative of the (Turkish) nation. The sultanate remained formally untouched, but the parliament, based on the unity of powers, laid claim to the exclusive exercise of legislative as well as executive powers . On October 29, 1923, an amending law established the republic as the form of government of the state of Turkey and introduced the office of President of the Republic . On the same day, the plenary session of the Grand National Assembly of Turkey elected Mustafa Kemal Pascha (Ataturk) as the first president. At this point there was no longer a monarchy; In its resolution of November 1, 1922, the National Assembly designated the sultanate as having belonged to history forever since March 16, 1920, and thus abolished it.

    The constitutional law of 1921 was repealed by the new constitution passed on April 20, 1924 , whereby the “system of a convent government based on the union of powers” ​​remained unchanged. The following two decades were marked by the one-party system under the Republican People's Party (CHP) founded by Ataturk . On May 19, 1945, İsmet İnönü , Ataturk's successor as President and at the same time (according to the statutes, irrevocable) CHP chairman announced a stronger realization of democratic principles in the political and intellectual life of the country. At the beginning of November 1945, he criticized the lack of a parliamentary opposition party and announced the departure from one-party rule. In the parliamentary election in 1946 , the Democratic Party (DP) , which was founded at the beginning of the same year, won 54 seats . The first truly “free and honest elections” took place on May 14, 1950 and resulted in a change of political power that was celebrated as the “bloodless revolution” (kansız ihtilâl) ; The DP won 408 of the 487 parliamentary seats (53% of the vote, 84% of the seats) due to the relative majority vote and for the first time relegated the CHP, which has ruled since the founding of the republic, to the opposition with 69 members (39% of the votes, 14% of the seats).

    Putsches of 1960, 1971 and 1980

    The government established by the DP over the next ten years, which assumed an increasingly authoritarian and repressive character , was overthrown with the military coup of May 27, 1960 , and government power was provisionally taken over by the newly constituted Committee of National Unity . The so-called Yassıada trials followed against the “fallen” . The specially established High Court of Justice sentenced 15 defendants to death for high treason within the meaning of the constitutional overthrow according to Art. 146 Para. 1 tStGB in the version at that time . The National Unity Committee upheld three death sentences and commuted the rest to life imprisonment. In accordance with this decision were mid September, the former prime minister in 1961 , Adnan Menderes , Foreign Minister Fatin Rüştü Zorlu and Finance Minister Hasan Polatkan on the island of Imrali by hanging executed . In the meantime, the Constituent Assembly convened in Ankara had adopted a constitutional text on the first anniversary of the coup, which was approved by the people on July 9, 1961 . The most important innovations of the constitution of 1961 were the abandonment of the principle of the union of powers in favor of a modified separation of powers , the anchoring of the multi-party system , the expansion of judicial independence, the establishment of the constitutional court and the introduction of the bicameral system .

    Political instability emerged over the next few decades, which was particularly evident in frequent changes of coalition and government. After several coup attempts, the military intervened by memorandum in 1971 and staged another coup on September 12, 1980 . As a result, a new constitution was drawn up, which came into force after the referendum in November 1982 . This constitution, which is still in force, has so far been changed several times (around 1987 and most recently in 2010 ). In 2007 the direct election of the president was introduced; since the first direct presidential election in 2014 is Recep Tayyip Erdogan , President.

    Current time

    After a period of ceasefire between the Turkish military and the banned Kurdistan Workers' Party (PKK), a Turkish offensive against the PKK began in 2015 after two police officers were killed by the PKK. Since the attempted coup by parts of the Turkish military in 2016, there has been a state of emergency in Turkey , which, however, has been criticized by the (left) opposition and experts from abroad because it was not for anti-terrorist purposes, but for the removal of dissenters and Erdoğan critics because the wave of purges and arrests by the Turkish government continued during the election campaign. Government critics are now quickly confronted with the accusation that they support the terrorism of the Kurdistan Workers' Party or the alleged terrorism of Fethullah Gülen ( FETÖ ) . What evidence such allegations are based on remains in the dark.

    Innovations

    The Turkish parliament voting on constitutional proposals in January 2017.

    The parliamentary system of government has given the entry into force a presidential system of government called. Proponents of the change saw the president's more independent position as a means of ensuring greater stability and continuity in government, and pointed out that other states, such as the United States or France , also have a head of state with government powers. Critics considered such comparisons to be absurd and no longer saw the separation of powers as guaranteed in practice with a strong position of the president . In the USA, the constitution provides for a democracy in which the president, as head of state, is also chief of the executive, but whose power is limited and controlled by a well-developed system of checks and balances . In the USA in particular, the federal system ensures political balance. In France there is a semi-presidential system of government in which the president appoints the government, but it needs the confidence of parliament. In the new Turkish system, on the other hand, there is no longer a Council of Ministers, the only means of control of the parliament is a so-called investigation procedure. However, since the system offers the possibility that the president is also chairman of the strongest party in parliament, whose probability is given, the initiation of such a procedure is rather unlikely. A certain corrective could be the power of the president to call new elections. Because in this case he must also make his own office available. Parliament also has the option of having a new election, but only with a qualified majority of three fifths of all members.

    In addition to the controversial introduction of a presidential system, the constitutional changes resulted in the following:

    • Military jurisdiction was repealed.
    • In the emergency law, the existing form of the state of emergency administration, in which the military was allowed to intervene in the administration, no longer existed.
    • The practically irrelevant exception of the President's files from judicial review was no longer applicable.
    • The number of parliamentary seats was increased from 550 to 600.
    • The right to stand as a candidate was reduced from 25 to 18 years.
    • In addition to the independence that was already in force, the impartiality of judges was expressly stipulated under constitutional law.

    In connection with the introduction of the so-called presidential system, the following changes were made:

    • The Council of Ministers was abolished as a state organ, with the result that the office of Prime Minister also ceased.
    • The powers of the Council of Ministers were transferred to the President, but not the right of initiative (exception: the Budget Act ).
    • The vote of no confidence and the vote of confidence were abolished. The only means of control remains the preliminary investigation, which in relation to the President is also extended to ordinary criminal offenses.
    • In future, the President appoints and dismisses ministers at will without the involvement of Parliament.
    • In future, the President appoints and dismisses his deputies, the number of whom is not limited in the constitution.
    • The elections for the Grand National Assembly and for the President of the Republic must take place every five years on the same day.
    • The President can dissolve Parliament early; Parliament has the same right with a 3/5 majority. In both cases, a new election must also be held through the office of President.
    • The President has the right to issue presidential ordinances. As a result, fundamental rights cannot be interfered with, the ordinances may not contradict laws and become invalid if parliament passes a law on the subject of the ordinance.
    • The ordinance with the force of law, with which the Council of Ministers could also amend laws based on authorization and with subsequent control by Parliament, was omitted.
    • The president's suspensive veto can no longer be overruled by a simple majority of the members present, but only by a majority of the total number of members.
    • The president can be a member of a party. Accordingly, he can also become or remain chairman of a party.
    • The (high) judges 'and prosecutors' council , which was increased from 7 to 22 people in 2010, was reduced to 13 members again. Its members can only be appointed by the President and Parliament; the judges, the Judicial Academy, the Court of Cassation and the Council of State have no right of participation. The President gains additional influence on this body (without changing the number of judges to be appointed by the President of the Republic) if the Minister of Justice as chairman and his State Secretary remain members of this body.

    The interconnection of the term of office of parliament and president means that there can be no talk of a presidential system in the true sense of the word. Rather, it is a hybrid system of presidential and parliamentary government. The constitutional lawyer Kemal Gözler speaks of a strange parliamentary system (tuhaf bir parlâmenter sistem). Fears of the proposed changes resulted from the internal weakness of parliament and the tight leadership of the Turkish parties by their leaders.

    Parliamentary vote

    The Turkish constitution stipulates a two-thirds majority in parliament for constitutional amendments. If this majority is not achieved, a constitutional amendment can also be carried out if the majority of the electorate votes for it in a referendum. In order to be able to hold such a referendum, at least 60% of the members of parliament must first vote in favor.

    In a first round of voting, which lasted from January 9 to January 15, 2017, the MEPs had the opportunity to debate the individual constitutional amendments under discussion and to propose amendments, which were then voted on. The opposition criticized alleged irregularities and procedural deficiencies. Some AKP MPs voted with an openly visible ballot, which was not allowed under the electoral regulations and was seen as an attempt to intimidate people who wanted to vote “no”. There were also some fistfights. The second, final voting round, in which no changes were possible, took place on January 20, 2017.

    In the parliamentary vote on January 20, 2017, 537 members of the 550-member parliament were eligible to vote. 11 MPs from the pro-Kurdish HDP were arrested on terrorism charges and were unable to attend. A motion by the HDP to allow these MPs to vote was rejected on January 7, 2017. Therefore, the vote was boycotted by the remaining 48 HDP MPs. One AKP MP could not take part in the vote because of illness, another (AKP) was not entitled to vote because he was the speaker of the parliament.

    Before the vote, 6 of the 39 MHP MPs had declared that they would vote “no”. Theoretically, the number of supporters was 315 (AKP) + 33 (MHP) = 348 votes. A unanimous vote of no was expected from the 133-strong CHP parliamentary group and the 2 independent MPs. Ultimately, 339 MPs voted for the changes. The 60% hurdle (330 votes) was exceeded, but the two-thirds majority (367 votes) was not achieved. This cleared the way for a referendum. The following table shows the theoretically expected voting behavior of the MPs.

    Theoretical voting according to party affiliations
    Political party Party leader electoral
    recommendation     		MPs
    present in parliament    		 "Yes" -
    vote     		“No”
    vote     		Graphic representation
    ACP Justice and Recovery Party Binali Yıldırım Yes 317 315 315 0 TBMM at January 2017.png
    CHP Republican People's Party Kemal Kılıçdaroğlu No 133 133 0 133
    MHP Nationalist Movement Party Devlet Bahçeli Yes 39 39 33 6th
    HDP Democratic Party of the Peoples Selahattin Demirtaş / Figen Yüksekdağ No 59 48 Vote boycott
    Independent No 2 2 0 2 Members of Parliament by party. The 13 MPs who were unable to vote are marked in black.
    330 = 60% majority, 367 = two-thirds majority.
    total 550 537 348 141

    Viewpoints

    Survey coordinate system for the constitutional referendum: white = yes; brown = no; gray = abstention

    According to surveys, the population was deeply divided on the question of the referendum, at the same time most Turks did not know what the new constitution was. However, it is a well-known problem around the world that in democratic elections or votes, a large proportion of the electorate is uninformed on key issues. The time Online reported about a month before the vote that opinion polls in Turkey of a presidential system is still greater than the camp of the supporters was the camp of the opponents. Etyen Mahçupyan , advisor to former Prime Minister Ahmet Davutoğlu , said voters were afraid of expressing their real opinion in polls; therefore the survey results cannot be trusted. The polling institute Avrasya Kamuoyu Araştırma ( AKAM for short) announced on April 11, 2017 that it was expecting a “clear result for the no” and added that the institute would be closed if it did not. The institute was later closed, but with charges of electoral fraud.

    Halil Berktay from Sabancı University supported the changes. The constitutional experts Kemal Gözler and İbrahim Kaboğlu rejected them because, in their opinion, they would lead to a severe erosion of the separation of powers.

    In February 2017, the newspaper Hürriyet did not publish a finished interview with Nobel Prize winner Orhan Pamuk because he spoke in favor of a “no” in the referendum.

    Statements from Western Europe

    In a statement dated March 10, 2017, the Venice Commission of the Council of Europe warned against a “one-person regime” after the introduction of the presidential system. The assessment of the Venice Commission is an important guideline for EU member states , but also for the EU Commission .

    The Commission experts warned that, without supervisory bodies, the reform would not correspond to the model of a democratic presidential system, but rather harbor the risk of developing into an authoritarian system. It has been criticized that the President will then decide on the appointment and dismissal of ministers and senior officials on the basis of criteria that he alone determines. The legal experts were also critical of the fact that the president will in future have the option of simultaneously exercising the office of party leader. In doing so, he could exert an inappropriate influence on legislation.

    In the opinion of the Venice Commission, the fact that the head of state can in future dissolve parliament on any occasion is completely alien to a democratic presidential system. The Council of Europe was also concerned about the judiciary, whose independence and ability to control the executive was further weakened by the reform.

    The commission also criticized deficiencies in the vote in the parliament in Ankara in January 2017, through which the referendum was initiated. The MPs of the ruling AKP party were forced to cast their votes openly. Several MPs from the second largest opposition party were unable to take part in the vote because they were in prison. Finally, the legal experts come to the conclusion that it is better not to hold the referendum during the current state of emergency, since under these circumstances free access for voters to the polls is not certain.

    At the constitutional referendum, the Turkish economist Şefik Alp Bahadır decidedly in favor of the constitutional amendment:

    “Turkey (is) characterized by strong ethnic contradictions as well as ideological, religious and cultural differences. With such large differences, the consensus-based parliamentary system does not work in Turkey. The parties will not agree on a single point. There is a deep division in Turkey that affects all areas of society. "

    - Bahadır, April 2017

    execution

    The vote took place on April 16, 2017 because Turkish law stipulates that votes must take place on the first Sunday after 60 days from the promulgation of the relevant law in the Official Journal. A simple majority is sufficient to pass the law.

    According to Art. 4 para. 1 of Law no. 3376 (as amended by Art. 1 of Law no. 3468 of 7 August 1988) stands on the ballots "Yes" (Evet) on white and "No" (Hayır) on brown background and no specific question or explanation; the corresponding field must be marked with a stamp provided, Art. 4 Par. 2 of Law No. 3376.

    • Voting slips, envelopes and stamps with Tercih (German "selection").

    • Ballot box.

    • Voting slip and envelope with emblem and stamps

    Ballot papers and envelopes were to be given an official stamp. Contrary to the regulation of Art. 101 Para. 1 No. 3 of Law No. 298, the High Electoral Committee also declared ballot papers and envelopes without such a stamp to be valid.

    Result

    On the (late) evening of election day, the High Election Committee declared the “yes camp” the winner. The opposition ( CHP , HDP , parts of the MHP ) are making serious accusations against the High Election Committee, the AKP and Erdoğan, of having manipulated the election and thus not legally winning it. The secular CHP speaks of 2.5 million additional (and voting) votes for “yes”.

    Overall result

    Result of the constitutional referendum 2017
    (85.43% participation)
    selection be right
    inland foreign countries Limits total
    number % number % number % number %
    Yes 24,325,633 51.18 778.833 59.46 52,997 54.17 25.157.463 51.41
    No 23.203.316 48.82 530.988 40.54 44,837 45.83 23,779,141 48.59
    total 47,528,949 100 1,309,821 100 97,834 100 48.936.604 100
    Registered voters 55.319.222 - 2,972,676 - 2,972,676 - 58,291,898 -
    Participation 48.374.576 87.45 1,325,682 44.60 98,597 3.32 49,798,855 85.43
    Valid votes 47,528,949 98.25 1,309,821 98.80 97,834 99.23 48.936.604 98.27
    Invalid votes 845,627 1.75 15,861 1.20 763 0.77 862.251 1.73

    Result by provinces

    Registered
    voters     		Participation Valid
    votes     		Yes No
    province number number % number % number % number %
    Adana (01) 1,510,122 1,302,288 86.24 1,281,151 98.38 535.932 41.83 745.219 58.17
    Adiyaman (02) 390.493 336.098 86.07 329,957 98.17 230.176 69.76 99,781 30.24
    Afyonkarahisar (03) 500,722 446.104 89.09 435.854 97.70 281,392 64.56 154,462 35.44
    Agri (04) 292.701 208,469 71.22 202,528 97.15 87,257 43.08 115.271 56.92
    Amasya (05) 242.414 219,528 90.56 215,727 98.27 121,360 56.26 94,367 43.74
    Ankara (06) 3,853,894 3,467,364 89.97 3,415,752 98.51 1,668,601 48.85 1,747,151 51.15
    Antalya (07) 1,636,742 1,429,076 87.31 1,403,836 98.23 574.421 40.92 829.415 59.08
    Artvin (08) 127.944 108,868 85.09 106,478 97.80 49,974 46.93 56.504 53.07
    Aydın (09) 794.509 699,942 88.10 687.056 98.16 245.016 35.66 442.040 64.34
    Balikesir (10) 917.350 824,390 89.87 810.339 98.30 368,741 45.50 441,598 54.50
    Bilecik (11) 151.752 137,448 90.57 134,821 98.09 65,867 48.86 68,954 51.14
    Bing Oil (12) 174,843 137.171 78.45 132,260 96.42 95,987 72.57 36,273 27.43
    Bitlis (13) 193.791 152,573 78.73 148.055 97.04 87,868 59.35 60.187 40.65
    Bolu (14) 221.237 197.371 89.21 193,847 98.21 120,685 62.26 73.162 37.74
    Burdur (15) 193,771 173,499 89.54 169.001 97.41 87,451 51.75 81,550 48.25
    Bursa (16) 2,107,944 1,885,058 89.43 1,856,794 98.50 987.929 53.21 868.865 46.79
    Canakkale (17) 397.443 359,839 90.54 353.965 98.37 139.974 39.54 213.991 60.46
    Çankırı (18) 130.258 110,757 85.03 108,740 98.18 79,760 73.35 28,980 26.65
    Çorum (19) 386.248 346.138 89.62 340.208 98.29 219.394 64.49 120,814 35.51
    Denizli (20) 734.996 664.554 90.42 651.184 97.99 289,986 44.53 361.198 55.47
    Diyarbakır (21) 991.212 801,500 80.86 776.822 96.92 251.733 32.41 525.089 67.59
    Edirne (22) 308.129 272.510 88.44 267,470 98.15 78.914 29.50 188,556 70.50
    Elazığ (23) 405.354 342,529 84.50 335.393 97.92 240.773 71.79 94,620 28.21
    Erzincan (24) 153.980 135,686 88.12 133,719 98.55 80.903 60.50 52,816 39.50
    Erzurum (25) 483,653 410,871 84.95 403,596 98.23 300,589 74.48 103.007 25.52
    Eskisehir (26) 636.061 567,634 89.24 558.617 98.41 236.994 42.43 321,623 57.57
    Gaziantep (27) 1,178,748 982.983 83.39 967.090 98.38 603,954 62.45 363.136 37.55
    Giresun (28) 327,409 271,898 83.05 266,896 98.16 164,567 61.66 102,329 38.34
    Gumushane (29) 101.044 74.105 73.34 72,651 98.04 54,601 75.16 18,050 24.84
    Hakkari (30) 161,928 131.017 80.91 126,793 96.78 41,104 32.42 85,689 67.58
    Hatay (31) 1,016,175 892.478 87.83 879.383 98.53 401.405 45.65 477.978 54.35
    Isparta (32) 309.263 271,669 87.84 265.703 97.80 148,837 56.02 116,866 43.98
    Mersin (33) 1,246,180 1,096,490 87.99 1,077,359 98.26 387,350 35.95 690.009 64.05
    İstanbul (34) 10,518,057 9.340.222 88.80 9.207.780 98.58 4,479,196 48.65 4,728,584 51.35
    İzmir (35) 3,174,549 2,832,870 89.24 2,790,509 98.50 870.681 31.20 1,919,828 68.80
    Kars (36) 181.257 141,888 78.28 139.186 98.10 70,922 50.95 68.264 49.05
    Kastamonu (37) 278.386 232.890 83.66 227,608 97.73 147,530 64.82 80,078 35.18
    Kayseri (38) 931,951 834.477 89.54 822,636 98.58 557.397 67.76 265.239 32.24
    Kırklareli (39) 269,598 242.929 90.11 239.126 98.43 68,552 28.67 170,574 71.33
    Kırşehir (40) 162,553 138,471 85.19 135,883 98.13 72,363 53.25 63,520 46.75
    Kocaeli (41) 1,299,315 1,166,946 89.81 1,147,264 98.31 650.336 56.69 496.928 43.31
    Konya (42) 1,473,345 1,298,525 88.13 1,274,209 98.13 928,599 72.88 345.610 27.12
    Kutahya (43) 420,473 379.510 90.26 371,589 97.91 261.275 70.31 110.314 29.69
    Malatya (44) 542.991 471,869 86.90 465.207 98.59 323,654 69.57 141,553 30.43
    Manisa (45) 1,029,622 933.101 90.63 914.008 97.95 417.386 45.67 496,622 54.33
    Kahramanmaras (46) 718.874 629.154 87.52 619.744 98.50 458.349 73.96 161,395 26.04
    Mardin (47) 454.263 374.334 82.40 365.390 97.61 149,580 40.94 215.810 59.06
    Mugla (48) 690.291 611.470 88.58 601.091 98.30 184,381 30.67 416.710 69.33
    Mus (49) 224.854 177,855 79.10 172.684 97.09 87,314 50.56 85,370 49.44
    Nevşehir (50) 206.903 182.270 88.09 179.211 98.32 117,548 65.59 61,663 34.41
    Niğde (51) 235,896 201,836 85.56 197,568 97.89 118.141 59.80 79,427 40.20
    Ordu (52) 548.725 454.358 82.80 444,872 97.91 275,328 61.89 169,544 38.11
    Rize (53) 244,622 208,495 85.23 205.186 98.41 155.028 75.55 50,158 24.45
    Sakarya (54) 689,537 616.766 89.45 607.001 98.42 413.091 68.05 193.910 31.95
    Samsun (55) 940.313 812.278 86.38 798.235 98.27 507.303 63.55 290.932 36.45
    Siirt (56) 176.248 147.212 83.53 142,486 96.79 68.121 47.81 74,365 52.19
    Sinop (57) 155.178 130.162 83.88 126,975 97.55 73,324 57.75 53,651 42.25
    Sivas (58) 432,597 374.007 86.46 368.181 98.44 262,449 71.28 105.732 28.72
    Tekirdag (59) 709.236 632.105 89.12 622,609 98.50 242.115 38.89 380.494 61.11
    Tokat (60) 416.852 365.070 87.58 359.023 98.34 226.835 63.18 132.188 36.82
    Trabzon (61) 567.815 484.270 85.29 476.030 98.30 316.330 66.45 159,700 33.55
    Tunceli (62) 60,789 50,912 83.75 50,337 98.87 9859 19.59 40,478 80.41
    Sanliurfa (63) 1,026,443 861.730 83.95 845.908 98.16 599,073 70.82 246.835 29.18
    Usak (64) 262,384 237.260 90.42 232.315 97.92 109.263 47.03 123.052 52.97
    Van (65) 617.895 468,593 75.84 453,555 96.79 193.797 42.73 259,758 57.27
    Yozgat (66) 294602 246.192 83.57 242,249 98.40 179,911 74.27 62,338 25.73
    Zonguldak (67) 447,591 387,640 86.61 377.314 97.34 186.197 49.35 191.117 50.65
    Aksaray (68) 261.111 220.403 84.41 215,895 97.95 162,985 75.49 52,910 24.51
    Bayburt (69) 56,885 46,772 82.22 46,060 98.48 37,629 81.70 8431 18.30
    Karaman (70) 171.003 151,676 88.70 147,675 97.36 94,289 63.85 53,386 36.15
    Kırıkkale (71) 196.469 169.078 86.06 166.262 98.33 103.784 62.42 62,478 37.58
    Batman (72) 329.049 273,462 83.11 264,515 96.73 96.139 36.35 168,376 63.65
    Şırnak (73) 255.296 214,666 84.09 207.089 96.47 58,607 28.30 148,482 71.70
    Bartın (74) 144,809 124,867 86.23 120.904 96.83 67,744 56.03 53,160 43.97
    Ardahan (75) 67,435 54,178 80.34 52,984 97.80 23,455 44.27 29,529 55.73
    Iğdır (76) 117,822 90,461 76.78 88,553 97.89 30,817 34.80 57,736 65.20
    Yalova (77) 172.094 147.039 85.44 144,637 98.37 71,929 49.73 72,708 50.27
    Karabuk (78) 172,642 150.060 86.92 146.612 97.70 89,031 60.73 57,581 39.27
    Kilis (79) 81,118 70,583 87.01 69,373 98.29 44,461 64.09 24,912 35.91
    Osmaniye (80) 349,472 299.083 85.58 293,778 98.23 169.918 57.84 123.860 42.16
    Düzce (81) 261,702 236,676 90.44 232,598 98.28 164.122 70.56 68,476 29.44
    total 55.319.222 48.374.576 87.45 47,528,949 98.25 24,325,633 51.18 23.203.316 48.82
    Source: High Electoral Committee

    Alleged election fraud

    Research results from Viennese statisticians from the Complexity Science Hub Vienna suggest that the election was decided by electoral fraud . A small number of polling stations clearly smeared in an election result vs. voter turnout point cloud in the direction of 100% yes and 100% voter turnout - an indication of “ballot stuffing”, the “stuffing” of additional yes votes into one Ballot box. This occurs in 6% (+/- 0.15% 3-sigma margin of error ) of the polling stations. Furthermore, small polling stations that are more prone to “voter rigging” (voter manipulation, such as intimidation or denial of access) deviate significantly from the local trend. The likely manipulation is so great in terms of direction and extent that it has turned the vote from no to 51.4% yes. The analysis by the ORF's science department on July 1, 2017 is based on 2 publications from the 2 days before.

    Meral Akşener announced (when the vote count drew to a close with 99%) that official figures from the High Electoral Committee showed a result of 48% for yes and 52% for no, as two MPs from the MHP had stated on site. The state news agency Anadolu Ajansı reported 51.25% for yes.

    Remedies from the opposition

    The opposition (including parts of the (official) “yes” supporter MHP ) announced on election evening that they would not recognize the result and take legal action against it. The reason for this are the numerous manipulations and electoral fraud that were already collected and documented during the referendum. The OSCE , observers from the Council of Europe and independent election observers confirmed these allegations and the political scientist Nina Schneider, who was observing the referendum, cited “fear” as another reason why the vote was not fair and free. The most violent trigger for protests by the opposition politicians and the “no” camp, however, is the decision of the High Electoral Committee to vote not officially stamped (and therefore not permitted according to Art. 101 Para. 1 No. 3 of Law No. 298) and voting envelopes as to be valid. This resulted in up to 3 million votes for “yes”. On April 21, 2017, the opposition announced that it would appeal against the vote to the State Council , as the election commission had dismissed a complaint two days earlier. However, Article 79, Paragraph 2, Clause 2 of the Constitution stipulates that no other authority can be appealed against against decisions of the High Electoral Committee.

    Protests

    After the results came out and the defeat of the “no” votes became apparent, the “no” organizations called for rallies. In Beşiktaş , a district of Istanbul , up to 2,000 demonstrators gathered in the city center and described President Erdoğan as a “thief, murderer Erdoğan!”. In Kadiköy (Asian part) the residents leaned out of the window, clapped and hit pots as a sign of protest and held up posters with the slogan “The 'no' is not over, it is only just beginning”. There were further protests in Ankara and Izmir . There are other calls to protest against Erdogan and the new presidential system. B. from the groups “Hayir Besiktas” (No Besiktas) or “Haziran Hareketi” ( June Movement ).

    Reactions to the outcome

    Prime Minister Binali Yildirim (AKP) said: “We are one nation. [...] We will maintain our unity and solidarity. [...] There are no losers in this referendum. Turkey and my noble people won. Now it is time to be one. ”The people have spoken the last word. It said "yes" and made a point. President Erdoğan said the people had made "a historic decision". The chairman of the right-wing extremist MHP, Devlet Bahçeli , said: “Our noble people went to the polls with great maturity and, with their free will, approved the transition to a presidential system. That is a very important achievement. Everyone has to respect that. "

    OSCE

    The Organization for Security and Cooperation in Europe election observers said the constitutional referendum on April 16 took place under unequal conditions. They also stressed that the two sides of the campaign did not have the same opportunities and that voters were not provided with independent information on key aspects of the reform that are essential for a democratic process. The OSCE's top election observer, Michael Georg Link , also accused the Turkish government of not cooperating in clarifying the allegations of manipulation in the constitutional referendum, but noted at the same time that the referendum was "technically well-run".

    European Union

    The European Commission initially reacted cautiously to the outcome of the referendum. One is still waiting for the assessment of the international election observers, "also with a view to alleged irregularities", wrote the EU foreign affairs representative Federica Mogherini , the EU commissioner for neighborhood policy Johannes Hahn and EU commissioner chief Juncker .

    “The values ​​and commitments within the Council of Europe should bring the Turkish government to a free and honest dialogue with all parts of political and social life. Organizing a referendum on the death penalty would, of course, be a break with these values ​​and commitments. "

    - outgoing President of France , François Hollande : mdr.de

    Geert Wilders , the chairman of the Party for Freedom ( Netherlands ), said: "If you said 'yes' then you should leave this country."

    Ultimately, however, after a declaration on April 28, 2017, the foreign ministers of the EU member states decided not to stop Turkey's accession process to the European Union. After a meeting in Malta, it was announced through the Foreign Affairs Representative Mogherini that the result of the referendum was being respected and that the accession process was going on.

    European Parliament

    Ulrike Lunacek , one of the 14 vice-presidents of the European Parliament and head of delegation of the Austrian Greens , said that the EU should not forget the Erdoğan opposition, which today voted for a democratic Turkey. The fact that, despite the massive pressure up to threats of violence and imprisonment as well as the elimination of media freedom, the no-camp has sent such a strong signal for a democratic and European Turkey, gives hope for a future after this authoritarian "revolution from above". The relatively narrowly confirmed authoritarian orientation of Erdoğan's policy must be answered by the EU with an equally clear commitment to European values. The increased economic cooperation that Erdoğan is striving for should not exist as long as he continues his authoritarian course. Negotiations on the modernization of the customs union should only take place once Erdoğan has shown that he is ready to make concessions and return to democracy. The chairman of the EU Committee on Foreign Affairs Elmar Brok (CDU) concluded that the state system put to the vote would make Turkey unsuitable for the EU, but that all relations should not be broken off. You would sin against half of the Turkish population who voted “No”. Even the door for accession talks should not be slammed after Brok. Only if Erdoğan introduced the death penalty would there really be no more accession negotiations.

    Germany

    Chancellor Angela Merkel (CDU) has asked Erdoğan to approach his political opponents after his narrow victory in the constitutional referendum. In view of the deep division in Turkish society, the German government expects the Turkish government to “seek a respectful dialogue with all political and social forces in the country”. The Federal Government Commissioner for Migration, Refugees and Integration Aydan Özoğuz ( SPD ) said: “The bottom line is that only about 14 percent of all German-Turks living here voted yes. That is clearly not the majority. You have to take note of that. "Federal Interior Minister Thomas de Maizière (CDU) said:" Clarification must now be made quickly as to whether the vote was fair and clean, as far as one can speak of it under the current circumstances in Turkey " . Federal Defense Minister Ursula von der Leyen (CDU) said: “Developments in Turkey are making things difficult for us, but nobody should believe that a Turkey outside of NATO is easier to deal with than a Turkey in NATO. It is now above all up to President Erdoğan to show that he wants to remain a reliable partner in the alliance, which is more than a mere military alliance. We continue to have common security interests. "

    opposition

    Cem Özdemir , federal chairman of Bündnis 90 / Die Grünen said: “In any case, there can be no 'business as usual'. With Erdoğan there will be no membership in the European Union. ”Bundestag Vice President Claudia Roth (Bündnis 90 / Die Grünen) added:“ Our relations with Turkey now need a fundamental reassessment. Millions of Turks have raised their voice for democracy - despite massive intimidation, arbitrary arrests and an unfree press " Sahra Wagenknecht ( Die Linke ) declared:" A policy of 'business as usual' by Chancellor Merkel and Foreign Minister Gabriel would be devastating. Today is a turning point for Turkey. By manipulation, the Turkish President Erdoğan managed to get a majority in favor of a dictatorship. The federal government is called upon to make it clear whose side it is on: on the side of democracy or on the side of Erdoğan's dictatorship. ” Sevim Dağdelen (Die Linke), on the other hand, said:“ Erdoğan seems to have secured a majority for the dictatorship through organized obstruction of the opposition to have. What we are seeing now is the result of the election manipulation as detailed in advance by the OSCE. There must be no 'business as usual' with German policy towards Turkey. We now need a clear signal to Erdoğan's dictatorship: stop the accession negotiations and all arms exports. We have to withdraw the Bundeswehr. The previous cuddle course has made Erdoğan strong. All EU payments to Erdoğan and his regime must be stopped. No more money, no weapons and no more soldiers for Erdoğan. ” Andrej Hunko (Die Linke) declared that“ there can be no talk of either free or fair elections ”. We were also told that in the previous days, massive potential opponents of the government had been taken into custody and that they were therefore unable to take part in the vote.

    People of Turkish origin

    "We - that is, the parties and organizations - have to analyze the result in detail and find ways to better reach these people who live in Germany in freedom, but who want autocracy for the people in Turkey."

    - Gökay Sofuoglu , chairman of the Turkish community in Germany : merkur.de

    "Many of those who supported the AKP in the referendum in this country would probably not even be able to live in Turkey for a week because they would then lack elementary freedoms."

    - Cabaret artist Serdar Somuncu : merkur.de

    Austria

    Federal President Alexander Van der Bellen said that Ankara "with the controversial and narrow 'yes' to an 'authoritarian presidential system'" is moving further away from the democratic values ​​and standards of Europe. "Turkey's accession to the EU is becoming a long way off," said Van der Bellen. Foreign Minister Sebastian Kurz stated: The vote was also “a clear signal against the European Union”. "Honesty at last is needed when it comes to the relationship between the EU and Turkey." The time of maneuvering must finally be over. Turkey cannot become a member. ”Chancellor Christian Kern tweeted:“ Erdoğan sought to break with the basic European consensus of democracy and the rule of law, almost half of the Turks did not follow him. ”The ÖVP delegation head in the European Parliament, Othmar Karas , demanded that the European Commission is now examining whether Turkey still meets the Copenhagen criteria to be met by candidate countries .

    In the course of the referendum, the forbidden dual citizenship of Turks in Austria (again) came up for political discussion. On April 21, 2017, voters' lists of the referendum were submitted to ORF Upper Austria , which should contain tens of thousands of names who (illegally) could have both Austrian and Turkish citizenship. The Austrian authorities, above all the Minister of the Interior Wolfgang Sobotka and the responsible Upper Austrian Provincial Councilor Elmar Podgorschek ( FPÖ ), have announced that they will legally investigate this case. The legal situation says the following: Dual citizenships are only allowed in Austria for children, with adults this leads to the immediate loss of Austrian citizenship. In addition, Sobotka wants a fine of € 5,000 in the future.

    United States

    US President Donald Trump telephoned President Erdoğan to congratulate him on the referendum. Trump's spokesman Sean Spicer confirmed the conversation between the two presidents and said the US government would not comment on the outcome of the referendum until the OSCE commission had completed its work. Mark Tones , a US State Department spokesman said, "We expect Turkey to protect the fundamental rights and freedoms of all citizens."

    Russia

    The Russian President Vladimir Putin sent his congratulations by phone to the referendum victory to President Erdoğan. Dmitri Peskov , spokesman for Russian President Vladimir Putin said: “The referendum is an internal matter for the Turkish Republic. We think that the declaration of intent of the Turkish people must be respected by everyone. "

    Iran

    Foreign Office spokesman Bahram Ghassemi said: "This is an internal matter for Turkey and the Turkish people and we will therefore respect the result." It is still too early to judge the political consequences of the referendum. Tehran hopes that the result will lead to stability in Turkey and security and peace in the region.

    Consequences in the AKP

    The poor performance ( compared to previous elections ) in some large cities led to some changes in the AKP at local level. In provinces like Ankara or Istanbul, for example, the “yes” did not get a majority of the voters, although the two parties that officially campaigned for one (AKP and MHP) won around 60% of the votes in the November 2015 parliamentary elections could. The same applies to Antalya and Adana , where the “yes” only came to around 40%.

    These circumstances led party leader Erdoğan to speak of "signs of fatigue" in his party and to announce some changes. Sun joined Kadir Topbaş , who until then thirteen years mayor of Istanbul , was back in September 2017th October of the same year, the resignations of the mayors of Bursa , Balıkesir and Ankara followed .

    Ahmet Edip Uğur, resigned Mayor of Balıkesir, resigned from the AKP at the same time, addressing threats directed against him and his family when he was unwilling to leave his post. The resignation of Melih Gökçek , who was Ankara's mayor for 23 years, sparked discussions within the AKP. According to a former close employee of Gökçeks Erdoğan, if in doubt, Gökçeks Erdoğan also thought about a court case. Previously, Gökçek and Recep Altere (Bursa) in particular are said to have resisted.

    Follow in the MHP

    Organization of MHP politicians for a "no" ("Turkish nationalists say no")

    The party of the Nationalist Movement, or MHP for short , was already divided before the vote, but it was only afterwards that this resulted in a (party) movement opposing Bahçeli and the affiliation with the AKP. Since 2015, Meral Akşener in particular posed an opposition to the party chairman. Numerous members who opposed Bahçeli and his plans for constitutional amendments were expelled from the party. They founded the İyi Parti in 2017 .

    With the referendum, which could only take place through an alliance between the MHP and the AKP, the already excluded party members also became politically more active and publicly opposed a presidential system . For example, Akşener's events under the motto “80 Milyon kere Hayır” (“80 million times no”) also received approval outside of nationalist circles.

    Web links

    Commons : Constitutional referendum in Turkey 2017  - collection of pictures, videos and audio files
    Constitutional texts
    Comments

    Individual evidence

    1. ↑ Türkiye Cumhuriyeti Anayasasında Değişiklik Yapılmasına Dair Kanun (Law Amending the Constitution of the Republic of Turkey); Law No. 6771 of January 21, 2017, Official Gazette No. 29976 of February 11, 2017 ( online )
    2. ^ Announcement of the Venice Commission of March 10, 2017
    3. ↑ OSCE criticism: No camp in Turkey is hindered. In: tagesschau.de. Retrieved April 13, 2017 .
    4. ↑ tagesschau.de: Turkey: allegations of manipulation after constitutional referendum. Retrieved on November 10, 2017 (German).
    5. ↑ Election fraud has decided the Turkey referendum - science.ORF.at . In: science.ORF.at . June 30, 2017 ( orf.at [accessed November 10, 2017]).
    6. ↑ تشکیلات اساسیه قانوننك بعض موادینك تعدیلنه دائر قانون / Teşkīlāt-ı Esāsīye Ḳānūnunuñ baʿżı mevāddiniñ taʿdīline dāʾir ḳānūn  / 'Law Amending Certain Provisions of the Constitutional Law'; Law No. 364 of October 29, 1923, Official Gazette No. 40 of November 4, 1923, p. 1 ( PDF file; 2.9 MB ).
    7. ↑ See Gotthard Jäschke: On the way to the Turkish Republic. A contribution to the constitutional history of Turkey. In: The world of Islam. Volume 5, Issue 3/4, Brill, 1958, pp. 206-218, here: p. 216.
    8. ↑ Ernst Eduard Hirsch: The constitution of the Turkish Republic (= The state constitutions of the world in individual editions. Volume 7). Alfred Metzner Verlag, Frankfurt am Main / Berlin 1966, p. 30.
    9. ^ Ensar Yılmaz: Türkiye'nin Demokrasiye Geçiş Yılları. 1946-1950. Birey Yayıncılık, Istanbul 2008, ISBN 978-975-264-128-0 , p. 36.
    10. ^ Erik Jan Zürcher: Turkey. A Modern History. 3. Edition. IB Tauris, London 2004, p. 209.
    11. ↑ Cem Erogul: Democrat Parti. Tarihi ve İdeolojisi. 4th edition. İmge Kitabevi Yayınları, Ankara 2003, ISBN 975-533-227-8 , p. 21 f.
    12. ^ Bernard Lewis: Recent Developments in Turkey. In: International Affairs. Vol. 27, No. 3, 1951, pp. 320-331 (321).
    13. ↑ Bülent Tanör: Osmanlı-Türk Anayasal Gelişmeleri (1789–1980). 21st edition. Yapı Kredi Yayınları, Istanbul 2011, p. 341.
    14. ^ Ensar Yılmaz: Türkiye'nin Demokrasiye Geçiş Yılları. 1946-1950. Birey Yayıncılık, Istanbul 2008, ISBN 978-975-264-128-0 , p. 227 with additional information
    15. ↑ Instead of many Sabri Sayari: Adnan Menderes. Between Democratic and Authoritarian Populism. In: Metin Heper, Sabri Sayarı (Ed.): Political Leaders and Democracy in Turkey. Lexington Books, Lanham 2002, ISBN 978-0-7391-0352-4 , pp. 65-85 (65). Original wording here: “[F] ree and honest elections” .
    16. ↑ Bülent Tanör: Osmanlı-Türk Anayasal Gelişmeleri (1789–1980). 21st edition. Yapı Kredi Yayınları, Istanbul 2011, p. 343 f.
    17. ↑ Cem Erogul: Democrat Parti. Tarihi ve İdeolojisi. 4th edition. İmge Kitabevi Yayınları, Ankara 2003, ISBN 975-533-227-8 , p. 83 f.
    18. ↑ Art. 146 para. 1 tStGB (old version) reads in German translation: “Anyone who tries by force to change or repeal the constitution of the Turkish Republic in whole or in part, or to disrupt the Grand National Assembly formed on the basis of this constitution or to exercise it Preventing powers is punishable by death. ”Translation by Silvia Tellenbach: The Turkish Penal Code. Turk Ceza Kanunu. From March 1, 1926 to the status of January 31, 2001 (= collection of foreign penal codes in German translation. Volume G 110). 2nd Edition. Edition iuscrim, Freiburg im Breisgau 2001, ISBN 3-86113-921-9 , p. 74.
    19. ↑ To this in detail Gottfried Plagemann: From Allah's Law to Modernization by Law. Law and legislation in the Ottoman Empire and the Republic of Turkey (= German-Turkish Forum for Constitutional Law. Volume 5). Lit Verlag, Münster 2009, ISBN 978-3-8258-0114-4 (also dissertation, University of Leipzig 2005), p. 183 ff.
    20. ↑ In Article 56, Paragraph 3, the constitution of 1961 designated political parties, expressly also those in the opposition, as “indispensable components of democratic political life” and stipulated in Article 56, Paragraph 2 that these should be founded without prior permission could become and operate freely; see. also Şeyda Dilek Emek: Party bans and European Convention on Human Rights. The development of European party prohibition standards according to Art. 11 Para. 2 ECHR with special consideration of German and Turkish party law (= European and international law. Volume 67). Herbert Utz Verlag, Munich 2007, ISBN 978-3-8316-0648-1 (also dissertation, University of Munich 2006), p. 74 with additional information
    21. ↑ Two police officers die in the PKK attack. In: stern.de. July 23, 2015, accessed February 24, 2017 .
    22. ↑ Kemal Gözler: Elveda Kuvvetler Ayrılığı, Elveda Anayasa. 10 Aralık 2016 Tarihli Anayasa Değişikliği Teklifi Hakkında Bir Eleştiri. In: Ankara Barosu Dergisi. 2016/4, ISSN 1300-9885, pp. 25–36, here: p. 27 ( PDF file; 115 KB )
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    36. ↑ Kemal Gözler : Elveda Kuvvetler Ayrılığı, Elveda Anayasa. 10 Aralık 2016 Tarihli Anayasa Değişikliği Teklifi Hakkında Bir Eleştiri. In: Ankara Barosu Dergisi. 2016/4, ISSN  1300-9885 , pp. 25–36 ( PDF file; 115 kB )
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    40. ↑ he lives and teaches in the Federal Republic of Germany
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    42. ↑ The law (No. 6771) on the constitutional amendment in question was published in the official gazette on February 11, 2017, which results in April 16, 2017 as the date of the referendum, according to Art. 2 of Law No. 3376.
    43. ↑ Photo of a blank ballot paper. In: dpa.liveblog.pro , accessed on April 16, 2017
    44. ↑ Main article on the image link. In: augsburger-allgemeine.de , accessed on April 16, 2017
    45. ↑ Result of the referendum: The power of the other 50 percent (gazete.taz.de, April 17, 2017)
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    48. ↑ İl Seçim Kurulları Tarafından Gönderilen Yurt içi Seçim Çevreleri ve Ankara İl Seçim Kurulunca Gönderilen Ülkeler ve Gümrük Kapıları, Sandık Sonuçlarını Gösteren Birleştirme Tutanakları . High Electoral Committee (PDF file; 52 KB).
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    92. ↑ STANDARD Verlagsgesellschaft mbH: Cleaning up the AKP: Erdogan is preparing for the next elections . In: derStandard.at . ( derstandard.at [accessed on November 10, 2017]).
    93. ↑ moritz.gottsauner-wolf: Erdogan's referendum provides ultra-nationalists against ordeal . ( kurier.at [accessed December 15, 2017]).