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Replacement of opposition party mayor in Turkey brings trustee appointments under spotlight

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For the second time since Turkey’s March 31 local elections, a democratically elected mayor has been removed from office, once again bringing the controversial practice of appointing trustees to municipalities to public attention.

Ahmet Özer, the mayor of Esenyurt, İstanbul’s most densely populated district, from the main opposition Republican People’s Party (CHP), was arrested on terrorism-related charges on Wednesday and subsequently removed from office. The Interior Ministry immediately replaced him with Istanbul Deputy Governor Can Aksoy.

Özer’s removal from office is a continuation of Turkey’s practice of trustee appointment, which has been under scrutiny both domestically and internationally due to its anti-democratic nature.

Trustee appointments (known as “kayyım” in Turkish) have been applied to numerous municipalities, especially those with alleged ties to terrorist organizations. This practice raises concerns about the erosion of local governance and democratic principles since many mayors who were elected by popular vote have been replaced by state-appointed trustees.

The practice of appointing trustees to replace mayors in Turkey extends back to 2016 with the enactment of Decree Law No. 674, which amended Municipal Law No. 5393. This law allows for the replacement of mayors, acting mayors or municipal council members under investigation for terrorism-related offenses if they are detained, dismissed or barred from public service due to such charges.

The law was approved by parliament on November 10, 2016, shortly after a coup attempt in July 2016, following which a state of emergency was declared in the country. At the time no lawmakers from the Peoples’ Democratic Party (HDP), the then-main pro-Kurdish party, attended the vote, and only 18 members of the CHP voted against it.

This law gave the central government broad authority over local governance, allowing it to intervene in municipal administration under the guise of national security.

According to data from the Interior Ministry, from the enactment of Decree Law No. 674 to the local elections of March 31, 2019, trustees were appointed to 101 municipalities across Turkey, with 94 from the HDP, a party accused of links to the outlawed Kurdistan Workers’ Party (PKK).

The PKK is designated as a terrorist organization by Turkey and its Western allies.

The pro-Kurdish parties deny any links to the outlawed group.

During this period, 151 municipal council members were also removed from office. The trustees appointed were typically governors, deputy governors or district governors.

Following the March 2019 local elections, only six out of the 65 municipalities won by the HDP were able to continue operating without a trustee appointment. The municipalities of Diyarbakır, Van and Mardin were among those where trustees were appointed, typically due to the mayors’ alleged support for terrorism. These appointments mostly affected municipalities in the predominantly Kurdish east and southeast of Turkey.

Following this year’s March 31 local elections, Hakkari Mayor Mehmet Sıddık Akış of the pro-Kurdish Peoples’ Equality and Democracy Party (DEM Party) was the first to be removed from office due to an ongoing investigation and a separate trial on terrorism-linked charges. He was subsequently replaced by Hakkari Governor Ali Çelik. The ministry’s move attracted widespread criticism and protests for being “anti-democratic” and “hijacking” the will of the Kurdish people.

The DEM Party claimed that the ruling Justice and Development Party (AKP) government was taking “political revenge” by removing its mayor due to its lack of success in the provincial elections.

Critics argue that the practice of appointing trustees undermines local democracy and violates the principle of administrative tutelage, which is meant to balance central government oversight with local autonomy. Trustee appointments have predominantly targeted municipalities run by pro-Kurdish parties, but the recent replacement of a CHP mayor indicates that the practice may be expanding to other opposition parties as well.

The government, however, claims that they are necessary to maintain national security and ensure that public resources are not used to support terrorist activities.

The replacement of elected mayors with trustees has always sparked protests and drawn criticism from both domestic opposition parties and international organizations. The European Union and various human rights organizations have condemned the practice, saying that it violates the democratic rights of citizens and undermines the legitimacy of local governance. They argue that removing elected officials without due process and replacing them with unelected appointees erodes public trust in the political system and diminishes the role of elections in determining political leadership.

The removal of Özer also brings attention to the broader implications of trustee appointments for Turkey’s political landscape. With the removal of opposition mayors and the weakening of local political power, the central government has been accused of consolidating control and silencing dissent. Istanbul Mayor Ekrem İmamoğlu, a prominent political figure from the CHP, has received significant support from Kurdish voters in the past. Analysts suggest that the removal of the CHP mayor may be an attempt to weaken the alliance between the CHP and Kurdish voters, thus impacting future election dynamics.

Many say the response of the opposition parties, especially the CHP, will play a crucial role in shaping public perception and potentially influencing the outcome of future elections and possible trustee appointments.

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