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The Constitution of the Republic of Turkey (Turkish: Trkiye Cumhuriyeti Anayasas), also known
as the Constitution of 1982, is Turkey's fundamental law. It establishes the organisation of the
government and sets out the principles and rules of the state's conduct along with its responsibilities
towards its citizens. The constitution also establishes the rights and responsibilities of the latter while
setting the guidelines for the delegation and exercise of sovereignty that belongs to the Turkish
people.
The constitution was ratified on 7 November 1982. It replaced the earlier Constitution of 1961. The
constitution was amended seventeen times, two of them through a referendum: 2007, 2010, one of
them partly through referendum: 1987. Overall, 113 of the 177 articles of the Constitution of 1982
were amended.[1]
Contents
[hide]
1History
2Overview
o
2.2.1Equality of citizens
2.2.2Freedom of expression
2.2.3Group rights
2.3Part Three: Fundamental Organs
2.3.1Legislative Power
2.3.2Judiciary
2.3.3Executive
2.3.3.1National security
2.4Revision
3Critique
3.1Ethnic rights
3.2Freedom of expression
4See also
5References
6Sources
7External links
History[edit]
Main article: Constitutional History of Turkey
The first constitution of the Ottoman Empire was adopted in 1876 and revised in 1908.
Since its founding, the modern Turkish state has been governed under four documents:
The current constitution was ratified by popular referendum during the military junta of 1980-1983.
Since its ratification in 1982, the current constitution has overseen many important events and
changes in the Republic of Turkey, and it has been modified many times to keep up with global and
regional geopolitical conjunctures. It was last amended in 2010. [2]
Overview[edit]
Part One: Founding principles[edit]
The Constitution asserts that Turkey is a secular (2.1) and democratic (2.1), republic (1.1) that
derives its sovereignty (6.1) from the people. The sovereignty rests with the Turkish Nation, who
delegates its exercise to an elected unicameral parliament, the Turkish Grand National Assembly.
The Article 4 declares the immovability of the founding principles of the Republic defined in the first
three Articles and bans any proposals for their modification. The preamble also invokes the
principles of nationalism, defined as the "material and spiritual well-being of the Republic". The basic
nature of Turkey is lacit (2), social equality (2), equality before law (10), the Republican form of
government (1), the indivisibility of the Republic and of the Turkish Nation (3.1)." Thus, it sets out to
found a unitary nation-statebased on the principles of secular democracy.
Fundamental Aims and Duties of the State is defined in Article 5. Constitution establishes
a separation of powers between the Legislative Power (7.1), Executive Power (8.1), and Judicial
Power (9.1) of the state. The separation of powers between the legislative and theexecutive is a
loose one, whereas the one between the executive and the legislative with the judiciary is a strict
one.
Article 17: Personal Inviolability, Material and Spiritual Entity of the Individual (right to life)
Article Five of the Constitution sets out the raison d'tre of the Turkish state, namely "to provide the
conditions required for the development of the individuals material and spiritual existence".
Many of these entrenched rights have their basis in international bills of rights, such as the Universal
Declaration of Human Rights, which Turkey was one of the first nations to ratify in December 1948. [3]
Equality of citizens[edit]
Besides the provisions establishing Turkey as a secular state, Article 10 goes further with regards to
equality of its citizens by prohibiting any discrimination based on their "language, race,
color, sex, political opinion, philosophical convictions or religious beliefs" and guaranteeing their
equality in the eyes of the law. Borrowing from the French Revolutionary ideals of the nation and the
Republic, Article 3 affirms that "The Turkish State, with its territory and nation, is an indivisible entity.
Its language is Turkish". Article 66 defines a Turkish civic identity: "everyone bound to the Turkish
state through the bond of citizenship is a Turk".
Freedom of expression[edit]
Article 26 establishes freedom of expression and Articles 27 and 28 the freedom of the press, while
Articles 33 and 34 affirm the freedom of association and freedom of assembly, respectively.
Group rights[edit]
Classes are considered irrelevant in legal terms (A10). The Constitution affirms the right
of workers to form labor unions "without obtaining permission" and "to possess the right to become a
member of a union and to freely withdraw from membership" (A51). Articles 53 and 54 affirm the
right of workers to bargain collectively and to strike, respectively.
(A76), parliamentary immunity (A83) and general legislative procedures to be followed. Per Articles
87 and 88, both the government and the parliament can propose laws, however it is only the
parliament that has the power to enact laws (A87) and ratify treaties of the Republic with other
sovereign states (A90).
The President of the Republic is elected by the parliament and has a largely ceremonial role as
the Head of State, "representing the Republic of Turkey and the unity of the Turkish Nation" (A104).
See also: Politics of Turkey, Grand National Assembly of Turkey, President of Turkey, Prime Minister
of Turkey and Council of Ministers of Turkey
Judiciary[edit]
Article Nine affirms that the "judicial power shall be exercised by independent courts on behalf of the
Turkish Nation". Part Four provides the rules relating to their functioning and guarantees their full
independence (A137-140). The judiciary conforms to the principle of separation of powers not only
through its independence from the executive andlegislative branches of government but by being
divided into two entities, Administrative Justice and Judicial Justice, with the Dantay (The Council
of State) the highest court for the former (A155) and Yargtay (High Court of Appeals) the highest
court for the latter (154).
Part Four, Section Two allows for a Constitutional Court that rules on the conformity
of laws and governmental decrees to the Constitution. It may hear cases referred by the President of
the Republic, the government, the members of Parliament (A150) or any judge before whom a
constitutional issue has been raised by a defendant or a plaintiff(A152). The Constitutional Court has
the right to both a priori and a posteriori review, and can invalidate whole laws or decrees and ban
their application for all future cases (A153).
See also: Legal system of the Republic of Turkey and Constitutional Court of Turkey
Executive[edit]
Per Article Eight, the executive power is vested in the President of the Republic and the Council of
Ministers. Part Three, Chapter One, Section Two (Articles 109-116) lays out the rules for the
confirmation and functioning of the government as the executive comprising the Prime Minister and
the Council of Ministers (A109).
Part Three, Chapter Two, Section Four organizes the functioning of the central administration and
certain important institutions of the Republic such as its universities (A130-132), local
administrations (A127), fundamental public services (A128) and national security (A117-118). Article
123 stipulates that "the organisation and functions of the administration are based on the principles
of centralization and local administration".
National security[edit]
The Turkish Armed Forces (TAF) are subordinate to the President, in the capacity of Commander-inChief. The Chief of General Staff of the TAF is responsible to the Prime Minister in the exercise of his
functions, and the latter is responsible, along with the rest of the Council of Ministers, before the
parliament (A117).
National Security Council is an advisory organization, comprising the Chief of General Staff and the
four main Commanders of the TAF and select members of the Council of Ministers, to develop the
"national security policy of the state" (A118).
Revision[edit]
In Article 175, it also sets out the procedure of its own revision and amendment by
either referendum or a qualified majority vote of 2/3 in the National Assembly. It does not recognize
the right to popular initiatives: Only the members of Parliament can propose modifications to the
Constitution.
A revision of the Constitution was approved on September 13, 2010 by a 58 percent approval given
by the 39 million people who voted. The change would allow the National Assembly to appoint a
number of high-court judges, would reduce the power of the military court system over the civilian
population and would improve human rights. The changes also remove the immunity from
prosecution the former leaders of the early 1980s military coup gave themselves. [4]
Critique[edit]
Ethnic rights[edit]
The Constitution of 1982 has been criticized as limiting individual cultural and political liberties in
comparison with the previous constitution of 1961. Critics claim that the constitution denies the
fundamental rights of the Kurdish population because the constitution does not make a distinction
between Turks and Kurds.[who?] Per the Treaty of Lausanne which established the Turkish Republic,
legally, the only minorities are Greeks, Armenians and Jews, which also have certain privileges not
recognized to other ethnic communities, per the treaty. Article Three, implicitly, and Article Ten,
explicitly, ban (in the spirit of Turkishness based on citizenship rather than ethnicity mentioned
above) the division of the Turkish Nation into sub-entities and the referral to ethnic groups in law as
being separate from the rest of the Turkish Nation because of the principle of indivisibility of the
nation. This principle of indivisibility is contained in the Article One of the Constitution of
France (ratified in 1958), as well.
Article Three states that the official language of the Republic of Turkey is Turkish. The Council of
Europes European Commission against Racism and Intolerance (ECRI) published its third report on
Turkey in February 2005. The commission has taken the position that the parliament should
revise Article 42 of the Constitution, which prohibits the teaching of any language other than Turkish
as a first language in schools.[5] The Turkish constitutional principle of not allowing the teaching of
other languages as first languages in schools to its citizens, other than the official one, is similar to
the policies of Germany, France and Austria, all members of the European Union.[citation needed] Since
2003, private courses teaching minority languages can be offered, but the curriculum, appointment
of teachers, and criteria for enrollment are subject to significant restrictions. All private Kurdish
courses were closed down in 2005 because of bureaucratic barriers and the reluctance of Kurds to
have to "pay to learn their mother tongue."[6]
Currently Circassian, Kurdish, Zaza, Laz languages can be chosen as lessons in public schools.[7][8][9]
Freedom of expression[edit]
The constitution grants freedom of expression, as declared in Article 26. Article 301 of the Turkish
penal code states that "A person who publicly denigrates the Turkish Nation, the Republic or
the Grand National Assembly of Turkey, shall be punishable by imprisonment of between six months
and three years" and also that "Expressions of thought intended to criticise shall not constitute a
crime".
Orhan Pamuk's remark "One million Armenians and 30,000 Kurds were killed in these lands, and
nobody but me dares talk about it." was considered by some to be a violation of Article 10 of the
Constitution and led to his trial in 2005. The complaint against Orhan Pamuk was made by a group
of lawyers led by Kemal Kerinsiz and charges filed by a district prosecutor under the Article 301 of
the Turkish Penal Code. Pamuk was later released and charges annulled by the justice ministry on a
technicality. The same group of lawyers have also filed complaints against other lesser-known
authors on the same grounds. Kerinsiz was indicted in the 2008 Ergenekon investigation, along
with many others.
The constitution is also criticised for giving the Turkish Armed Forces, who see themselves as the
guardians of the secular and unitary nature of the Republic along with Atatrk's reforms, too much
influence in political affairs via the National Security Council.[citation needed]
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>>>>>>>>>>>>>>>>>>>>>>>>>>>.
Politics of Turkey
From Wikipedia, the free encyclopedia
This article needs additional citations for verification. Please help improve this
article by adding citations to reliable sources. Unsourced material may be challenged and
removed. (July 2008)
Turkey
Constitution[hide]
History
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Legislature[hide]
Executive[hide]
President (list)
Recep Tayyip Erdoan
Cabinet
Current cabinet (63rd)
Ministries
Governors
Judiciary[hide]
Constitutional Court
Council of State
Court of Cassation
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Elections[hide]
Electoral system
Electoral cycle
Recent elections
Presidential
2000
2007
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Jun 2015
Nov 2015
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2004
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2014
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Foreign relations[show]
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1Executive
2Parliament
3Judiciary
7See also
8References
Executive[edit]
The function of head of state is performed by the president (Cumhurbakan). A president is elected
every five years on the principle of universal suffrage according to the current constitution. The
president does not have to be a member of parliament, but he/she must be over 40 years old and
hold a bachelor's degree. The current president Recep Tayyip Erdoan was Directly elected in 2014.
Executive power rests with the president, the prime minister (Babakan) and the Council of
Ministers. The ministers don't have to be members of Parliament (a recent example is Kemal
Dervi). The prime minister is appointed by the president and approved through a vote of
confidence (gvenoyu) in the parliament. The prime minister is Ahmet Davutolu, whose Justice and
Development Party, which is often termed "conservative" but is in fact better termed "faith-based",
won a plurality of parliamentary seats in the November 2015 general elections.
Parliament[edit]
Legislative power is invested in the 550-seat Grand National Assembly of Turkey (Trkiye Byk
Millet Meclisi), representing 81 provinces. The members are elected for a four-year term by
mitigated proportional representation with an election threshold of 10%. To be represented in
Parliament, a party must win at least 10% of the national vote in a national parliamentary election.
Independent candidates may run, and to be elected, they must only win 10% of the vote in the
province from which they are running. The threshold is set to be reduced. [1]
The current Speaker of the Parliament is smail Kahraman.
Judiciary[edit]
Main article: Legal system of the Republic of Turkey
The freedom and independence of the Judicial System is protected within the constitution. There is
no organization, person, or institution which can interfere in the running of the courts, and the
executive and legislative structures must obey the courts' decisions. The courts, which are
independent in discharging their duties, must explain each ruling on the basis of the provisions of the
Constitution, the laws, jurisprudence, and their personal convictions.
The Judicial system is highly structured. Turkish courts have no jury system; judges render decisions
after establishing the facts in each case based on evidence presented by lawyers and prosecutors.
For minor civil complaints and offenses, justices of the peace take the case. This court has a single
judge. It has jurisdiction over misdemeanors and petty crimes, with penalties ranging from small
fines to brief prison sentences. Three-judge courts of first instance have jurisdiction over major civil
suits and serious crimes. Any conviction in a criminal case can be taken to a court of Appeals for
judicial review.
All courts are open to the public. When a case is closed to the public, the court has to declare the
reason. Judge and prosecution structures are secured by the constitution. Except with their own
consent, no judge or prosecutor can be dismissed, have his/her powers restricted, or be forced to
retire. However, the retirement age restrictions do apply. The child courts have their own structure.
A judge can be audited for misconduct only with the Ministry of Justice's permission, in which case a
special task force of justice experts and senior judges is formed.
The Supreme Board of Judges and Prosecutors (HSYK) is the principal body charged with
responsibility for ensuring judicial integrity, and determines professional judges acceptance and
court assignments. Minister of justice, Sadullah Ergin is the natural head of the Council according to
the current constitution.
Turkey adopted a new national "Judicial Networking System" (UYAP). The court decisions and
documents (case info, expert reports, etc.) will be accessible via the Internet.
Turkey accepts the European Court of Human Rights' decisions as a higher court decision. Turkey
also accepts as legally binding any decisions on international agreements.
There are several supreme courts with different subjects:
Yargtay acts as the supreme court of judiciary tribunals (criminal and civil justice). Dantay is the
highest of administrative courts. Anayasa Mahkemesi examines the constitutionality of laws, decrees
having the force of law (decret-loi), changes of parliamentary by-laws and several other acts of the
parliament. Saytay (Court of Accounts) is the court which examines the incomes and expenses of
the administrative bodies and which acts in the name of parliament. The Military Court of Cassation
(Askeri Yargtay) and The Military High Court of Administration (or the Supreme Military
Administrative Court) (Askeri Yksek dare Mahkemesi) are the highest bodies to which appeals of
decisions of military courts are to be made.
Kemalism
Secularism
Modernization
Other political ideas have also influenced Turkish politics and modern history. Of particular
importance are:
Neo-liberalism
Pan-Turkism
Socialism
Communism
Nationalism
Islamism
These principles are the continuum around which various and often rapidly changing political
parties and groups have campaigned (and sometimes fought). On a superficial level, the importance
which state officials attach to these principles and their posts can be seen in their response to
breaches of protocol in official ceremonies.[2]
the Republican People's Party (CHP), with a stable electorate, draw much of their support from big
cities, coastal regions, professional middle-class, and minority groups such as Alevis.
On 22 February 2010 more than 40 officers arrested and then were formally charged with attempting
to overthrow the government with respect to alleged "Sledgehammer" plot . They include four
admirals, a general and two colonels, some of them retired, including former commanders of the
Turkish navy and air force (three days later, the former commanders of the navy and air force were
released).[13]
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Type
Type
Unicameral
Leadership
Speaker
Deputy Speakers
Prime Minister
Structure
Seats
550
Political groups
Government (317)
Ak Parti (317)
Main Opposition
CHP (134)
Other Opposition
HDP (59)
MHP (40)
Elections
Voting system
Last election
1 November 2015
Next election
2019
Meeting place
Turkey
Website
Grand National Assembly of Turkey
Turkey
Constitution[show]
Legislature[show]
Executive[show]
Judiciary[show]
Elections[show]
Foreign relations[show]
See also[show]
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The Grand National Assembly of Turkey (Turkish: Trkiye Byk Millet Meclisi), usually referred to
simply as the TBMM orParliament (Turkish: Meclis), is the unicameral Turkish legislature. It is the
sole body given the legislative prerogatives by theTurkish Constitution. It was founded in Ankara on
23 April 1920 in the midst of the Turkish War of Independence. The parliament was fundamental in
the efforts of Mustafa Kemal Atatrk and his colleagues to found a new state out of the remnants of
the Ottoman Empire in the aftermath of World War I.
Contents
[hide]
1History
1.1Parliamentary practice before the Republican era
1.1.1Ottoman Empire
1.1.3Transition to Ankara
1.2Republican era
1.2.119231945
1.2.21945present
1.2.2.119451980
1.2.2.21980present
2Composition
o
2.3Parliamentary groups
2.4Committees
2.4.1Specialized committees
2.4.4International Committees
3Current composition
4Parliament building
5See also
6Notes
7References
8External links
History[edit]
This section needs additional citations for verification. Please help improve this
article by adding citations to reliable sources. Unsourced material may be challenged and
removed. (April 2015)
Turkey has had a history of parliamentary government before the establishment of the current
national parliament. These include attempts at curbing absolute monarchy during the Ottoman
Empire through constitutional monarchy, as well as establishments of caretaker national assemblies
immediately prior to the declaration of the Republic of Turkey in 1923 but after the de
facto dissolution of the Ottoman Empire earlier in the decade.
President Atatrk and his colleagues leaving the building of the Grand National Assembly of Turkey (today the
Museum of the Republic) after a meeting for the seventh anniversary of the foundation of the Republic of
Turkey (1930).
Republican era[edit]
19231945[edit]
Main article: Single-party period of the Republic of Turkey
Eighteen female deputies joined theTurkish Parliament with the 1935 general elections
The first trial of multi-party politics, during the republican era, was made in 1924 by the
establishment of the Terakkiperver Cumhuriyet Frkas at the request of Mustafa Kemal, which was
closed after several months. Following a 6-year one-party rule, after the foundation of the Serbest
Frka (Liberal Party) by Ali Fethi Okyar, again at the request of Mustafa Kemal, in 1930, some violent
disorders took place, especially in the eastern parts of the country. The Liberal Party was dissolved
on 17 November 1930 and no further attempt at amultiparty democracy was made until 1945.
1945present[edit]
Main article: Multi-party period of the Republic of Turkey
The multi-party period in Turkey was resumed by the founding of the National Development
Party (Milli Kalknma Partisi), by Nuri Demira, in 1945. The Democrat Party was established the
following year, and won the general elections of 1950; one of its leaders, Celal Bayar, becoming
President of the Republic and another, Adnan Menderes, Prime Minister.
19451980[edit]
Under the constitution of 1961, the Grand National Assembly was a bicameral parliament with over
600 members, the newly established upper house being the Senate of the Republic.
1980present[edit]
Following the 1980 military coup, the Senate was dissolved and the Turkish parliament again
became unicameral under the current constitution approved in a nationalreferendum in 1982.
Composition[edit]
There are 550 members of parliament (deputies) who are elected for a four-year term by the D'Hondt
method, a party-list proportional representation system, from 85 electoral districts which represent
the 81 administrative provinces of Turkey (Istanbul is divided into three electoral districts whereas
Ankara and zmir are divided into two each because of their large populations). To avoid a hung
parliament and its excessive political fragmentation,[citation needed] a party must win at least 10% of the
national vote to qualify for representation in the parliament. As a result of this threshold, only two
parties won seats in the legislature after the 2002 elections and three in 2007. The 2002elections
saw every party represented in the previous parliament ejected from the chamber.[2] This rather high
threshold has been internationally criticised, but a complaint with the European Court for Human
Rights was turned down. Independent candidates may also run[3] and can be elected without needing
a threshold.[4]
Since the 2002 general elections, an absolute majority of the seats have been held by members of
the Justice and Development Party (AK Party), which leads a single-party government.[5] In 2002,
the Republican People's Party (CHP) was the only other party that succeeded in being represented
in Parliament. At the 2007 general elections, three parties managed to clear the 10% threshold
AK Party, CHP, and the Nationalist Movement Party (MHP). Furthermore, Kurdish politicians from
the Democratic Society Party (DTP) circumvented the threshold by contesting the election as
independents; 24 of them were elected, enabling them to constitute their own faction in the
Assembly. In 2015 no government has been established after June elections, were four parties
entered Parliament.
A new term in the parliament began on June 23, 2015, after the June 2015 General Elections. Deniz
Baykal from the CHP temporarily served as the speaker, being the oldest member, until the election
of smail Kahraman on 22 November 2015.[6]
Parliamentary groups[edit]
Parties who have at least 20 deputies may form a parliamentary group. Currently there are four
parliamentary groups at the GNAT: Ak Parti, which has the highest number of seats, CHP, MHP and
HDP.
Committees[edit]
Specialized committees[edit]
1. Constitution committee (26 members)
2. Justice committee (24 members)
3. National Defense committee (24 members)
4. Internal affairs committee (24 members)
5. Foreign affairs committee (24 members)
6. National Education, Culture, Youth and Sports committee (24 members)
Current composition[edit]
Main article: Turkish general election, November 2015
See also: List of political parties in Turkey and Elections in Turkey
ed
Summary of the 1 November 2015 Grand National Assembly election results in Turkey
Party
Abbreviatio
n
Party name
in Turkish
Justice and
Development
AKP Party
Adalet ve
Kalknma
Partisi
CHP Republican
People's
Party
Cumhuriyet
Vote
Leader(s)
Number
Ahmet
Davutolu
23,681,92
6
49.50
Kemal
Kldarolu
12,111,81
2
25.32
Seats
swin
g
Electe
d
% of
total
sinc
e
31 Oct
sinc
e
Jun
2015
8.6
3
317
57.64
59
59
134
24.36
0.3
7
Halk Partisi
Nationalist
Movement
MHP Party
Milliyeti
Hareket Partisi
Peoples'
Democratic
HDP Party
Halklarn
Demokratik
Partisi
SP Felicity Party
Saadet Partisi
Great Union
BBP Party
Byk Birlik
Partisi
Patriotic
VP Party
Vatan Partisi
Rights and
Freedoms
HAK- Party
PAR Hak ve
zgrlkler
Partisi
People's
Liberation
HKP Party
Halkn Kurtulu
Partisi
5,694,136
11.90
4.3
9
40
7.27
39
40
5,148,085
10.76
2.3
6
59
10.73
21
21
Mustafa
Kamalak
325,978
0.68
1.3
8
0.00
Mustafa
Destici
253,204
0.53
0.00
Dou
Perinek
118,803
0.25
0.1
0
0.00
108,583
0.23
0.1
0
0.00
83,057
0.17
0.0
4
0.00
Devlet
Baheli
Selahattin
Demirta
Figen
Yksekda
N/A
N/A
N/A
Fehmi
Demir
(died 25
October 2015)
Nurullah
Ankut
Democrat
DP Party
Demokrat Parti
Communist
KP Party
Komnist Parti
Gltekin
Uysal
69,319
0.14
0.0
2
0.00
Arif Hikmet
Basa
52,527
0.11
0.0
8
0.00
51,038
0.11
0.9
5
0.00
Haydar Ba
49,297
0.10
0.1
1
0.00
Masum
Trker
31,805
0.07
0.1
2
0.00
Cem Toker
26,816
0.06
0.0
0
0.00
Aykut
Edibali
19,714
0.04
0.0
0
0.00
etin
zakgz
14,131
0.03
0.0
3
0.00
47,840,23
1
100.0
0
550
100.0
0
Independents
Bamszlar
Independent
BTP Turkey Party
Bamsz
Trkiye Partisi
Democratic
DSP Left Party
Demokratik Sol
Parti
Liberal
Democrat
LDP Party
Liberal
Demokrat Parti
MP Nation Party
Millet Partisi
True Path
DYP Party
Doru Yol
Partisi
Total
47,840,23
1
98.56
1.4
7
697,464
1.44
1.4
7
48,537,69
5
85.23
1.3
1
Abstentions
8,411,314
14.77
1.3
1
Registered voters
56,949,00
9
Valid votes
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