Rights of convicts and detainees to selection/election

This thesis examines the right to vote and the right to stand for election of convicted and pre-trial detainees within the framework of Turkish law and international human rights law. The main objective of the study is to determine under what conditions individuals who are either held in penal institutions or have a finalized conviction can benefit from these fundamental political rights, which are essential components of a democratic society, and to assess the legal legitimacy of the restrictions imposed on these rights. At the national level, the study analyzes the relevant provisions of the Constitution, the Turkish Penal Code, electoral laws, and key decisions of the Constitutional Court and the Supreme Electoral Council. At the international level, the scope and limitations of political rights are evaluated through the lens of the European Convention on Human Rights and the case law of the European Court of Human Rights, particularly in relation to the principles of proportionality, legitimate aim, and the prohibition of discrimination. The findings of the thesis indicate that in Turkey, the right to vote of convicted persons is subject to general and indiscriminate restrictions, without regard to the nature of the offense or the length of the sentence. Moreover, the right to stand for election is subject to indefinite disqualification in certain cases, even after a pardon has been granted. These practices do not fully align with international human rights standards. In conclusion, the study recommends a comprehensive review of the current restrictions on the political rights of convicted and detained individuals. It proposes the establishment of a proportional, individualized, and judicially reviewable legal framework. The recognition of these rights is of critical importance not only for the protection of individual freedoms but also for the promotion of inclusive democratic participation and the legitimacy of democratic governance.