Türkiye fixated on September 15th: Absolute nullity in the CHP or continuation with Özgür Özel?
The lawsuit filed against the CHP's congress, alleging "dubiousness," will be heard on September 15th. Will the court declare "absolute nullity" in the case that has Türkiye locked in a deadlock, or will it end this case that has been dominating the CHP and the public agenda? Possible scenarios and all the developments are in our news report.
The hearing in the lawsuit filed alleging foul play at the CHP's 38th Ordinary Congress, held on November 4-5, 2023, will be held on September 15. While numerous lawsuits and investigations regarding the party's congresses and conventions preoccupy the public, possible scenarios are being discussed.
The following possibilities are on the agenda for September 15:
- Postponed, party management is not affected
- It is postponed but a precautionary measure is issued for the administration
- Gives a null and void verdict
- The call committee is appointed
- The court decides on lack of jurisdiction
So, what does each decision mean, and what does the CHP expect? Özgecan Özgenç has compiled the possibilities, expectations, and developments so far.
The view that the Ankara 42nd Civil Court of First Instance will not issue a decision on September 15th and will postpone the hearing has begun to dominate once again. The Supreme Election Council's (YSK) decisions regarding the CHP applications have reinforced this expectation.
Among the possible scenarios is that the court may not issue a ruling on September 15th, but instead issue a preliminary injunction to remove the CHP leadership that took office at its 38th Ordinary Congress. However, the court's stance to date and its rejection of preliminary injunction requests at previous hearings make this unlikely.
The most common possibility being publicly circulated is that the congress will be declared null and void, deeming the current administration incompetent. Those filing for annulment are also demanding a decision of absolute nullity. In such a case, the administration led by Kemal Kılıçdaroğlu, prior to the 38th Ordinary Congress, will return to lead the party.
Kılıçdaroğlu's silence is being interpreted as his willingness to return to the party chairmanship in the event of absolute nullity. CHP members point out that absolute nullity is not covered by the Political Parties Law and that such a decision is legally impossible. Party officials say, "We can't say it's impossible, but it's logically incomprehensible," and that pressure is being put on the courts.
If the court rules to cancel the convention, the court's other option is to appoint a convening committee. In such a case, a convening committee with specific duties must bring the party to the convention within 45 days.
Party officials state that if a convening committee is appointed, it should be composed of individuals who will not create divisions and whose sole duty is to bring the party to its congress. Furthermore, CHP members point out that if a convening committee is appointed to the party leadership but fails to bring the party to its congress, the Supreme Court of Appeals Chief Public Prosecutor's Office has the right to file a closure lawsuit.
Another possibility is that the court will rule lack of jurisdiction and end the case. Both CHP officials and many legal experts who have been following the case from the beginning argue that the Ankara 42nd Civil Court of First Instance should rule lack of jurisdiction.
Party members note that objections to allegations of voter fraud in elections conducted under the supervision of the district election board must be submitted to the authorized district election board within two days of the results being recorded. They emphasize that the claim that "the will of the delegates was impaired" in an election conducted by secret ballot is an abstract accusation that cannot be substantiated.
AKP Chairman and President Erdoğan made this claim at the Manisa Provincial Congress on February 1, 2025, saying, “They deported Mr. Kemal from the CHP Headquarters with a dubious congress.”
Former CHP leader Kemal Kılıçdaroğlu, on February 7, 2025, appeared on KRT television and called on Özgür Özel, saying, "What is this dubious congress? He needs to come out and say, 'There is no such thing.'" Criticizing the party leadership, Kılıçdaroğlu's words, "Silence comes from acknowledgment, so there must be something else going on here. If there's something going on, the party definitely needs to be cleansed of its filth," sparked the debate.
Just three days after these remarks, the Ankara Chief Public Prosecutor's Office launched an investigation into the CHP's 2023 congress. The investigation, based on a tip-off to the Bursa Chief Public Prosecutor's Office, was referred to Ankara under its authority. The prosecutor's office based the investigation on "vote rigging," as stipulated in Article 112 of the Political Parties Law. Kılıçdaroğlu, summoned as a witness, refused to testify.
Following operations targeting the Istanbul Metropolitan Municipality (IMM), and following allegations that a trustee would be appointed to the CHP, CHP Chairman Özgür Özel called for an extraordinary congress on April 6th. At the 21st Extraordinary Congress, Özel received all the valid votes and was re-elected as party chairman. Objections to this congress submitted to the Çankaya 4th Election Board were rejected by both the district election board and the Supreme Election Council (YSK), and the congress results were confirmed.
The lawsuits filed following complaints by former Hatay Metropolitan Municipality Mayor Lütfü Savaş and some delegates were consolidated with a case filed by Izmir delegate Hatip Karaaslan at the Ankara 42nd Civil Court of First Instance. The first hearing of the case was held on April 17. The lawsuit seeking the cancellation of the 21st Extraordinary Congress was also consolidated in this court before the second hearing. On May 26, the second hearing, the court rejected the injunction request to remove the current administration from office and postponed the next hearing until June 30.
As the June 30th hearing approaches, the CHP's congress case has begun to be discussed under the guise of "absolute nullity." The possibility that a court ruling of absolute nullity would nullify the 38th Ordinary Congress, invalidate the authority of the current administration, and reinstate the previous administration was a hot topic of political debate in June.
While allegations that Kılıçdaroğlu is eager to return to the party chairmanship this way are on the agenda, CHP mayors Mansur Yavaş and Vahap Seçer, who are known to support Kılıçdaroğlu, and Party Assembly member Engin Özkoç visited Kılıçdaroğlu on June 23rd while attending the congress in question.
Kılıçdaroğlu, who rejected the suggestion that he issue a statement opposing absolute nullity, allegedly said, "I hope absolute nullity doesn't happen, but even if it does, I can't leave my party to a trustee. If I don't accept it, a trustee will come. Should I leave it to a trustee? After the decision, we'll sit down with Özel and talk."
The parties did not deny this allegation.
At the June 30 hearing, the plaintiff's lawyer alleged that the delegate had been bribed and provided with benefits in kind or in cash. CHP lawyers, however, argued that judicial courts lack the authority to review political party congress elections and that a decision of lack of jurisdiction should be issued.
The Ankara 42nd Civil Court of First Instance accepted the incumbent Party Assembly (PM) members' request to intervene in the case, arguing that they would suffer losses if the congress were canceled. In announcing its interim decision, the presiding judge's words, "We will examine whether there is a lack of will due to the pursuit of personal gain. It won't happen if there's only personal gain; politics is, in a sense, a matter of personal gain."
The court decided to wait for the outcome of the appeal against the lack of jurisdiction ruling in the criminal case filed against 12 people, including Ekrem İmamoğlu, and adjourned the hearing until September 8. CHP lawyers requested a different date, stating that September 4-9 was the CHP's founding week, and the court subsequently set September 15 as the fourth hearing date.
The indictment in the criminal case that caused the congress case to be postponed was prepared on June 3rd and accepted by the Ankara 26th Criminal Court of First Instance. However, the Ankara 26th Criminal Court of First Instance ruled that it lacked jurisdiction, citing the case to be heard by the high criminal courts. The Ankara 3rd High Criminal Court overturned this decision of lack of jurisdiction on June 30th, the very day the congress case was heard.
The case was subsequently appealed. The 5th Criminal Chamber of the Ankara Regional Court of Justice issued a final ruling that the case be heard by the criminal court of first instance and sent it to the Ankara 26th Criminal Court of First Instance. The Ankara 26th Criminal Court then appealed to the Constitutional Court (AYM). The appeal argued that the provision, "Courts within the judiciary may appeal against decisions of lack of jurisdiction," was unconstitutional.
The Constitutional Court took up this appeal on September 10th and rejected the request to annul the article, citing "no applicable rule in the case." The trial, in which Ekrem İmamoğlu, along with CHP members Cemil Tugay, Özgür Çelik, and Baki Aydöner, is being tried, will begin on November 4, 2025, at the Ankara 26th Criminal Court of First Instance.
While all eyes were focused on the September 15th coup attempt in the CHP, the Istanbul 45th Civil Court of First Instance suspended the CHP Istanbul Provincial Executive Committee on September 2nd. The court, which was scheduled to hold its first hearing on October 3rd, appointed a convening committee in an interim decision, replacing the provincial chair, provincial administration, and provincial disciplinary board. The convening committee, comprised of four members including Gürsel Tekin, was not assigned a specific duty or term. The court halted the provincial and district congresses to be held by the Istanbul Provincial Organization, which had proceeded according to the party's congress schedule initiated in July, and also suspended 196 delegates of Istanbul's supreme council, who had the right to vote in the grand congress.
Additionally, on September 2, the Istanbul 72nd Criminal Court of First Instance accepted an indictment alleging "election fraud" and "violation of election law" in the CHP Istanbul Provincial Congress elections held on October 8, 2023. A lawsuit seeking prison sentences of up to three years was filed against 10 people, including suspended Provincial Chairman Özgür Çelik and imprisoned Beyoğlu Mayor İnan Güney and Beşiktaş Mayor Rıza Akpolat.
The Ankara 42nd Civil Court of First Instance, where the case regarding the party's 2023 congress is being heard, also requested the file of the criminal case filed regarding the provincial congress from the Istanbul 72nd Criminal Court of First Instance.
Following the Istanbul 45th Civil Court of First Instance's injunction, district election boards in Istanbul announced their decisions to suspend their district congresses. The CHP demanded that the Supreme Election Council (YSK) exercise its "complete illegality" authority under election law and overturn the district election boards' decisions. The YSK convened on September 5th with this agenda in mind, accepting the CHP's objections to the Istanbul district election boards' decisions and overturning the District Election Boards' decisions prohibiting the congresses.
However, the Supreme Election Council (YSK) rejected the objection regarding the suspension of the CHP Istanbul Provincial Executive.
The Supreme Election Council (YSK) decision to continue the Istanbul congress schedule was seen as a positive development by the CHP. Meanwhile, CHP congress delegates also mobilized to hold an extraordinary congress. At the request of nearly a thousand delegates, the CHP decided to hold an extraordinary congress and submitted its application to the Çankaya 4th District Election Board on September 5th.
The CHP, which held its 21st Extraordinary Congress on April 6, raised the question of how a new extraordinary congress would act as a precaution against a potential trustee decision. Özgür Özel explained the matter as follows:
When delegates collect signatures and reach more than half, an extraordinary congress is called, even if the party chairman or party assembly doesn't want it. This path is open. They've tried it in the past. That way, our delegates reached a decision to hold a congress that even the chairman couldn't prevent. The last time was a political move. This is a purely technical and legal measure. It's also consistent with the decisions of the Supreme Election Board, other bodies, and the court.
Following the decision to suspend the provincial administration, Istanbul provincial delegates applied to a notary public requesting the convening of an extraordinary provincial congress. With the delegates' signatures, an application was submitted to the Sarıyer 1st District Election Board to hold the Istanbul Extraordinary Provincial Congress on Wednesday, September 24. Following a question from the Sarıyer 1st District Election Board, the Supreme Election Council (YSK) approved the holding of the extraordinary provincial congress on September 24.
While the congress case, which Özgür Özel described as "process-oriented, not results-oriented," was expected to be extended, the injunction against the Istanbul provincial administration had reinforced the prediction that a decision would be made on September 15. However, the decision issued by the Ankara courts yesterday (September 11) changed expectations again.
The Ankara 3rd Civil Court of First Instance issued its first hearing in a case combining requests to cancel the Istanbul Provincial Congress on October 8, 2023, and the CHP 38th Ordinary Congress on November 4-5, 2023. The court rejected the request, citing the ongoing lawsuit regarding the congress. It also dismissed the lawsuit filed against the Istanbul Provincial Congress and the CHP Istanbul Provincial Headquarters on the grounds of "passive absence of hostility."
While the Istanbul 45th Civil Court of First Instance's injunction against the provincial administration remains in effect, a lawsuit filed in Ankara regarding the same issue was dismissed on the merits. CHP officials argue that the Ankara decision "ends the Istanbul trustee's mandate." Furthermore, the officials emphasize that no provincial headquarters has legal personality and that the headquarters has jurisdiction over claims related to the provincial congress, and therefore, legal proceedings must be pursued through the Ankara courts, a "confirmation of incompetence."
The CHP is preparing for a large rally in Ankara the day before the trial. Provincial organizations, party leaders, and members of parliament are working in Ankara's districts and surrounding provinces to prepare for the rally, which will be held in Tandoğan (Anatolian) Square at 5:00 PM on Sunday, September 14th. CHP provincial chairs and youth branch presidents are expected to attend the rally on September 14th and remain on duty at headquarters during the trial.
The congress case will be heard at the Ankara 42nd Civil Court of First Instance on September 15 at 10:00 a.m. in the Ankara Courthouse Dışkapı Annex Services Building. Party officials will be at headquarters during the trial, and only party lawyers will be monitoring the hearing.
Although the expectation that a decision against the CHP will be made has diminished following recent developments, he expresses his determination not to leave the party building if a decision is made as in Istanbul.
Kılıçdaroğlu refused to testify when summoned as a witness or complainant regarding statements he made, which became the subject of investigations and subsequent lawsuits. He announced on May 8th that he would not testify in the investigation, where he was summoned as a victim, stating, "I am watching with deep sadness and concern the debate about the Republican People's Party and our party members in the courtroom." The phrase "making the party debated in the courtroom" has become a phrase frequently used by Gürsel Tekin in recent years.
While all these trials were ongoing, Kılıçdaroğlu failed to meet the public's and CHP leadership's expectations that he "declare that he would not accept the trusteeship." Following the calls against him, Kılıçdaroğlu stated on his social media account on May 30th, "They are demanding that I speak on a subject about which I have no knowledge and no involvement."
Kılıçdaroğlu's statement, "If I don't accept, a trustee will come. Should I leave it to the trustee?" during his meeting with Mansur Yavaş, Vahap Seçer and Engin Özkoç on June 23 was interpreted as a signal that he was eager to take over the party once again.
As September 15th approaches, there's an expectation that Kılıçdaroğlu will react to the events, but the former party leader remains silent. Over the past two days, journalists have questioned Kılıçdaroğlu at his Ankara office and in Parliament about the congress case and the trustee decision in Istanbul, but have received no response. Özgür Özel's call to declare that the CHP cannot be governed by trustees has also remained unanswered.
However, Kılıçdaroğlu denied the allegations, which appeared in the press, that he "told his relatives." Finally, in response to Saygı Öztürk's article, which alleged that if the court granted Kılıçdaroğlu a mandate, he would wait for things to calm down before joining the party, that he would run the party with a 5-6-person Central Executive Committee (MYK), and that he would not convene the Party Assembly, Kılıçdaroğlu responded , "I haven't spoken to a single relative of mine about political messages to be conveyed to the press. Please don't mislead the public with provocations."
Party officials interpret Kılıçdaroğlu's silence as an indication that he intends to return to the party chairmanship, albeit as a trustee. The officials, who see the events of Gürsel Tekin's visit to the Istanbul Provincial Headquarters as a "trailer," assess that "Kılıçdaroğlu's silence suggests he will inflict the same fate on us here."
Medyascope
