31.12.2025 14:52
The Mardin 1st Administrative Court rejected the appeal of Mardin Metropolitan Mayor Ahmet Türk, who was suspended from duty on November 4, 2024, against the appointment of a trustee. The court found the Interior Ministry's action to be lawful and explained its reasoning.
On November 4, 2024, the Mardin Metropolitan Municipality Mayor Ahmet Türk, who was suspended by the Ministry of Interior, received a decision from the Mardin 1st Administrative Court regarding his request to annul the appointment of a trustee. The court ruled to reject the case, finding the action taken by the Ministry of Interior to be lawful.
In the petition submitted to the Mardin 1st Administrative Court by Ahmet Türk's lawyers, it was claimed that there was no legal basis for the suspension and the appointment of a trustee.
THE COURT FOUND THE SUSPENSION JUSTIFIED
In its decision, the Mardin 1st Administrative Court stated that it is natural for mayors to be removed from office in accordance with Article 44 of the Municipal Law No. 5393 if they lose their eligibility to be elected due to finalized conviction decisions given by judicial authorities as a result of investigations or prosecutions against them. It emphasized that the institution of suspension regulated in Article 127 of the Constitution is a "precautionary" measure.
ASSESSED THAT THERE IS SERIOUS DOUBT ABOUT WHETHER HE ACTED IN ACCORDANCE WITH THE CONSTITUTIONAL ORDER, LAW, AND REGULATIONS
The court noted that the justification for the suspension in this specific case was the 10-year prison sentence given to Ahmet Türk for being a member of an armed terrorist organization under the Kobani Case numbered 2021/6 by the Ankara 22nd Heavy Criminal Court, the ongoing case for making propaganda for a terrorist organization in the file numbered 2022/142 by the Ankara 14th Heavy Criminal Court, and the investigation being conducted for the crime of being a member of an armed terrorist organization in the file numbered 2024/7685 by the Mardin Chief Public Prosecutor's Office.
The decision stated that metropolitan mayors bear responsibility before the Constitution and laws due to their duties, and they must be loyal to the state while exercising their duties and powers. The court evaluated that the 10-year prison sentence for being a member of an armed terrorist organization, even if not finalized, is incompatible with the principle of faithfully fulfilling the duty, and that the nature of the trials raises serious doubts about whether the plaintiff acted in accordance with the constitutional order, law, and regulations.
APPEAL PATH OPEN
The Mardin 1st Administrative Court ruled to reject the case opened by Ahmet Türk. With the decision, it was ordered that 3,998.60 TL of litigation costs be imposed on the plaintiff, and that the attorney's fee of 40,000 TL determined for hearings according to the Minimum Attorney Fee Tariff in effect on the date of the decision be collected from the plaintiff and given to the defendant administration. The court also stated that the appeal path is open before the Gaziantep Regional Administrative Court within 30 days following the notification of the decision.