Constitutional Court Takes Action Against 5 Political Parties
The Constitutional Court’s decision regarding the financial audits of 5 political parties has been published in the Official Gazette. According to the decision outlined in the Official Gazette, it is stated that “The general presidents of political parties are required to submit a copy of the final accounts of the consolidated accounts and the final accounts of the provincial organizations including the party headquarters and affiliated districts to the Constitutional Court by the end of June, and for information to the Chief Public Prosecutor’s Office of the Court of Cassation” as per the second paragraph of Article 74 of Law No. 2820.
As a result of the examinations conducted, it was decided to file a criminal complaint against 5 political parties with the Ankara Public Prosecutor’s Office. The published decisions revealed that in the financial audit of the Love and Respect Party for the year 2021 and the Kuvayi Milliye Party for the years 2021 and 2022, the report presented to the board by Rapporteur Ömer Dursun was reviewed. It was observed that the headquarters of the Love and Respect Party did not generate any income or incur any expenses for the year 2021, and similarly, the headquarters of the Kuvayi Milliye Party did not engage in any financial transactions until its closure on June 26, 2022. The decision emphasized the necessity for political parties to have administrative expenses such as rent, water, electricity, telephone, and stationery, regardless of whether the buildings where the parties operate are owned or rented by the party.
The examination revealed that there was a lack of proper record-keeping and documentation by the parties to be accountable to the Constitutional Court, as well as unauthorized financial transactions outside the accounts, hindering the audit and investigation process. Consequently, a unanimous decision was made to file a criminal complaint with the Ankara Public Prosecutor’s Office in accordance with Article 111 of Law No. 2820.
Furthermore, the financial audits of the Homeland Party for the year 2021, the Turkey Golden Age Party for the years 2021 and 2022, and the Innovation Party for the year 2021 were reviewed by the board based on the initial examination report of Rapporteur Ömer Dursun. It was reiterated that the political parties were obligated to submit a copy of their final accounts to the Constitutional Court and the Chief Public Prosecutor’s Office of the Court of Cassation in accordance with Article 74 of Law No. 2820. However, the published decision pointed out that the documents submitted by the parties had not been approved by the authorized party organs and therefore could not be considered as valid documents for review by the Constitutional Court. It was also noted that the parties had failed to submit a decision confirming the examination and approval of their final accounts. The parties were found to be in violation of Articles 69, 70, and 74 of Law No. 2820 by failing to establish a proper record-keeping and documentation system to be accountable to the Constitutional Court, as well as engaging in unauthorized financial transactions outside the accounts, obstructing the audit and investigation process. Therefore, a unanimous decision was made to file a criminal complaint with the Ankara Public Prosecutor’s Office in accordance with Article 111 of Law No. 2820.
