CHP lawyer Çağlar Çağlayan explains: What will happen to Gürsel Tekin?

The absolute nullity case against the CHP convention was dismissed, and while the threat to the headquarters has been eliminated, Gürsel Tekin's term as trustee in Istanbul has not yet ended. CHP lawyer Çağlar Çağlayan stated that the Ankara courts' rejections should also affect Istanbul, and that the appeals will terminate Tekin's term swiftly. We have compiled a "chronology of the Istanbul trustees," along with Çağlayan's assessments.

Following the Ankara 42nd Civil Court of First Instance's dismissal of the "absolute nullity" lawsuit against the CHP's 38th Ordinary Congress, all eyes are once again on Istanbul. CHP lawyer Çağlar Çağlayan met with a group of journalists at party headquarters and assessed that the developments in Ankara would inevitably impact the injunction against the CHP Istanbul Provincial Administration.

The Istanbul 45th Civil Court of First Instance canceled the Istanbul Provincial Congress on October 8, 2023, and suspended the CHP Istanbul Provincial Executive with a precautionary decision issued on September 2, appointing Gürsel Tekin and his accompanying delegation as trustees. It also ordered the suspension of ongoing congresses.

In order to avoid confusion in this picture where many legal processes and the same agendas are discussed in different courts, let's take a look at what has happened since the CHP Istanbul Provincial Executive was removed from office:

• September 2 – Istanbul 45th Civil Court of First Instance suspended the provincial administration from office

• September 3 – The indictment prepared against 10 politicians, including Özgür Çelik, on charges of "rigging the vote" at the provincial congress was accepted by the Istanbul 72nd Criminal Court of First Instance, the first hearing was held on January 6, 2026.

• September 3 – The measure was objected to, and the court set a hearing date for September 26 to evaluate the measure.

• September 5 – YSK decided to continue the congress calendar, district congresses continued

• September 11 – Ankara 3rd Civil Court of First Instance rejected the request to cancel the 2023 Istanbul provincial congress on the grounds of lack of passive hostility.

• September 24 – The court appealed to the Sarıyer District Election Board to halt the extraordinary provincial congress. While the executive committee tried to stop the congress, the YSK convened and declared that the congress would be held.

• September 24 – The Provincial Extraordinary Congress convened upon the call of Istanbul delegates, and Özgür Çelik was re- elected.

• September 26 - Despite the congress being held again, the court rejected the objection to the measure, and with the appeal process opened, CHP lawyers brought their objection to the higher court.

• October 3 – The first hearing regarding the combined files was held at the Istanbul 45th Civil Court of First Instance, and was postponed until November 21.

• October 18 – The court also requested the suspension of the ordinary congress, and the Supreme Election Council (YSK) announced for the third time that the congress would be held in an extraordinary meeting.

• 19 October – Özgür Çelik was re -elected as the sole candidate as the Istanbul Provincial President at the 39th Ordinary Provincial Congress.

• October 24 – Ankara 42nd Civil Court of First Instance rejected the CHP's request to cancel the 38th Ordinary Congress.

Özgür Çelik received his mandate again yesterday (October 24). While the Supreme Election Council (YSK) recognized Çelik's presidency, it did not terminate the trustee appointment, deeming the October 8, 2023, provincial congress, which had already been held two more times and was now without a subject, null and void.

While removing the CHP convention case from its agenda, Attorney Çağlar Çağlayan stated that the process in Ankara should affect Istanbul. Çağlayan also noted that the Ankara 3rd Civil Court of First Instance had dismissed the case regarding the cancellation of the Istanbul provincial congress on September 11th.

Çağlayan, stating that "there are two and a half decisions" regarding congresses and conventions, described the Istanbul injunction as a half-decision and the two rejections in Ankara as full decisions. Çağlayan commented on the September 26th hearing, where the Istanbul 45th Civil Court of First Instance will consider the objection to the injunction:

We told the court, "This measure of yours is a temporary measure. There are numerous legal and practical reasons why this measure cannot be sustained, so you should declare the obvious and remove it." The judge, with an extremely confident tone, said, "I have a different view than they do." We tried to explain, "Your decision led to entry by law enforcement, and people were tear gassed and beaten." He said, "You should not have resisted the police." He acted as if what he did was right, but it was wrong for people to exercise their right to resist.

Çağlayan noted that, due to the nature of legal processes, a court's decision can only be overturned by itself or a higher court. For example, the courts that rejected requests to cancel congresses and conventions in Ankara cannot lift the injunction issued by the Istanbul 45th Civil Court of First Instance. Çağlayan continued, "The fact that a decision is unenforceable, legally incorrect, or has no legal standing is one thing. But if a judge has signed off on something, there's a specific procedure for reversing it. We will await that procedure."

Çağlayan stated that the Istanbul 45th Civil Court of First Instance, which rejected the objection to the injunction and allowed the trustee to continue his duties, did not recognize the extraordinary congress or the Ankara 3rd Civil Court of First Instance's decision to reject the case on merits. He also stated that the court was holding appeals. Recalling that the next hearing at the Istanbul 45th Civil Court of First Instance was on November 21st, Çağlayan said, "There is no more evidence to gather; it will decide the case on its merits."

Çağlayan reminded that Ankara courts have jurisdiction over legal processes related to political party congresses due to their legal personality. Referring to the Ankara 3rd Civil Court of First Instance's rejection of the 2023 Istanbul Provincial Congress, he said, "The Istanbul 45th Civil Court of First Instance should now reject the case. However, we are concerned about the individual situation of the judge there. Our available avenues are clear. You can file a complaint with the Council of Judges and Prosecutors. You reject the judge, and they reject your rejection request."

Çağlayan said, “The Court of Appeals will lift that measure as soon as possible to unravel this knot,” and continued:

With the higher court having lifted its injunction and the congress having already taken place, the 45th Civil Court of First Instance in Istanbul will now rule that the case is without merit. It can only go so far in lawlessness, but it needs to be rectified at some point. It's probably reached that stage. But ultimately, it's up to the judge. If he makes a wrong decision, he will. A total of 14 separate cases were brought before three courts, consolidated. First, one was rejected, and now the other has been. Previous requests for injunctions were also rejected. One judge issued a ruling in Istanbul, threw all of Türkiye into a tailspin, and everyone started talking about it. He'll have to back down at some point, too. He has no other choice.

Regarding the Supreme Election Council's (YSK) overturning the court's attempt to halt the extraordinary and ordinary provincial congresses in Istanbul, Çağlayan commented, "Fortunately, the YSK correctly exercised the authority it derives from the Constitution. We are angry with the YSK on many issues, and they make some very wrong decisions. But they handled this process correctly. When all the political party representatives on the board stated that these matters were the YSK's duty and that the courts should not interfere, the panel made their decision with ease."

Çağlayan emphasized that, given all the legal developments, the Istanbul 45th Civil Court of First Instance should now close the case, saying, "The sad part is that we can't say, 'This can't be done, such things don't happen.'" Çağlayan stated that processes related to the party's legal entity have been resolved, and that pressure on the CHP could continue through criminal cases involving mayors and presidential candidate Ekrem İmamoğlu.

The Ankara congress's nullity case has concluded, but the criminal trial is about to begin. The first hearing in the case filed against 12 people, including Ekrem İmamoğlu, for allegedly "acting in cahoots with some delegates and allowing them to vote in exchange for benefits" at the CHP's 38th Ordinary Congress will be held on November 4, 2025.

When asked whether the congress would become a target again if those tried in this case were convicted, Çağlayan said, "Once the trial begins, you'll see. It's impossible for anyone to be punished there. I followed the evidence one by one throughout the investigation, and everyone will be acquitted in that trial."

"I'll talk about the worst-case scenarios; let's say the judge made a wrong decision," said Çağlayan, adding that even if there were penalties in this case, the criminal trial would take a long time, the decision wouldn't be finalized until it was approved by the appeals court and the Supreme Court, the party's boards had been completely revamped in the intervening period, and there would be no threat of canceling the congresses.

Çağlayan emphasized that the lawsuit demanding the annulment of the congress and the criminal case are separate from each other and continued as follows:

The conditions for canceling a congress are very limited. The spirit of the Law on Political Parties is as follows: 'Can't resolve an internal party issue? Call an election immediately.' The Law on Associations and the sections of the Civil Code concerning legal entities are the same. In order for a party or association's leadership to be removed from office and replaced by someone else, it must be revealed that they are clearly financially exploiting that organization. Otherwise, it's impossible. Criminal prosecution doesn't affect this.

Çağlayan, stating that evidence will begin to emerge in the criminal trial, said, "During the investigation, there were witness testimonies that led to the prosecution of individuals, and all of these testimonies are biased. They are all statements against party members. During that process, statements from those who wanted to testify in favor of party members or to claim that there were no instances of bribery were not taken. You will see in that trial that we can refute every claim made by everyone."