15.09.2025 12:21
The lawsuit filed for the cancellation of the CHP's 38th Ordinary Congress has been postponed to October 24. Following the decision, CHP lawyers argued that the lawsuit has become 'subjectless' due to the extraordinary congress scheduled for September 21 with the broad participation of delegates, and that the case should be closed. It is emphasized that the extraordinary congress will eliminate the possibility of a 'absolute nullity' decision as well as the appointment of a trustee.
The third hearing of the case filed for the annulment of the CHP's 38th Ordinary Congress, held on November 4-5, 2023, took place at the Ankara 42nd Civil Court of First Instance. A postponement decision was made at the hearing on September 15. The hearing was postponed to October 24. Here are the discussions regarding the CHP congress case, the legal processes, and possible outcomes.
HOW DID THE LEGAL PROCESS PROCEED?
The Ankara 42nd Civil Court of First Instance rejected the defendants' request for the "precautionary measure" to remove the current party administration from office at the hearing on May 26, 2025, and postponed the case for "oral defense" until June 30.
Shortly before the hearing of the case for the annulment of the 38th Ordinary Congress on June 30, 2025, the Ankara Chief Public Prosecutor's Office completed the indictment regarding the investigation it initiated against Istanbul Metropolitan Mayor Ekrem İmamoğlu and 11 others for the allegation of "money, phones, and houses being given to CHP delegates in exchange for votes" and sent it to the Ankara 26th Criminal Court of First Instance. However, the Criminal Court of First Instance sent the file to the Ankara 3rd Heavy Criminal Court with a "lack of jurisdiction" decision. The Ankara Chief Public Prosecutor's Office appealed the court's "lack of jurisdiction" decision.
The Ankara 42nd Civil Court of First Instance, where the CHP's 38th Ordinary Congress is being heard, ruled to wait for the outcome of this appeal and postponed the hearing first to September 8. Due to this date coinciding with the party's anniversary events from September 4-9, the hearing was postponed to September 15 upon the party's objection.
The case filed for the annulment of the CHP's 38th Ordinary and 21st Extraordinary Congress was postponed today. The 5th hearing will be held on Friday, October 24, at 10:00 AM.
WHEN WILL THE CRIMINAL CASE BE HEARD?
In the indictment prepared by the Ankara Chief Public Prosecutor's Office, a prison sentence of one to three years and a "political ban" during the sentence is requested for 12 people, including Istanbul Metropolitan Mayor Ekrem İmamoğlu, İzmir Metropolitan Mayor Cemil Tugay, detained Beşiktaş Mayor Rıza Akpolat, CHP Istanbul Provincial Chairman Özgür Çelik, and CHP Erzurum Provincial Chairman Serhat Can Eş, on the allegation of "manipulating the vote."
The Ankara Regional Court of Appeals ruled that the criminal case involving Ekrem İmamoğlu and 11 others, who are listed as "suspects," should be heard in the 26th Ankara Criminal Court of First Instance, which issued a "lack of jurisdiction" decision. The court appealed this decision and took it to the Constitutional Court. However, the Constitutional Court rejected the court's application on September 10, and it was confirmed that the case would be heard in the Ankara 26th Criminal Court of First Instance. The first hearing of this case will be held on November 4.
IS THE CRIMINAL CASE BINDING FOR THE ANNULMENT CASE OF THE CONGRESS?
There is no direct connection between the two cases. However, the Ankara 42nd Civil Court of First Instance also provided the opportunity to review the case file opened before the annulment case on June 30. Some CHP officials find the timing significant and argue that the allegations in the criminal case could influence the decision of the 42nd Civil Court of First Instance.
DOES THE EXTRAORDINARY CONGRESS ON SEPTEMBER 21 ELIMINATE ABSOLUTE NULLITY OR THE POSSIBILITY OF A CONGRESS?
CHP's legal advisors argue that the court should close the case by stating "the case has become irrelevant," considering the extraordinary congress call made with the invitation of almost all delegates, except for Istanbul, on September 21. It is argued that the extraordinary congress would eliminate not only absolute nullity but also the possibilities of a trustee or calling committee.
WILL KILIÇDAROĞLU RETURN TO THE LEADERSHIP?
Former CHP Leader Kemal Kılıçdaroğlu continues to maintain his silence regarding the congress case. However, some individuals close to Kılıçdaroğlu predict that if absolute nullity is declared, he will take over the party "to prevent a trustee from being appointed." The reasoning given is that the request for an extraordinary congress by the majority of delegates or the PM will be implemented by the party leader.
A politician close to Kılıçdaroğlu, speaking to BBC Turkish, expressed the view that "Ultimately, whether it is a delegate signature or a PM decision, the party leader has the authority to implement it. What will happen if he does not hold the congress? Let's say the venue was not booked, no official was sent, attendance was not checked, how will they hold the congress?"
In CHP circles, it is commented that Kılıçdaroğlu will not make an "immediate congress" decision and may use the ordinary congress schedule until the end. Such a situation opens the way for Kılıçdaroğlu to remain at the head of the party until November 2026.
HOW DO THE AK PARTY AND MHP VIEW THIS?
CHP holds the ruling party, which it claims has "instrumentalized the judiciary," and President Recep Tayyip Erdoğan responsible for both the arrests of party-affiliated mayors and the congress case. However, the AK Party administration points to the judiciary and attributes the events to "CHP's internal conflict and mutual accusations."
During this process, Erdoğan, who brought some mayors, including Aydın Metropolitan Mayor Özlem Çerçioğlu and Beykoz Deputy Mayor Özlem Vural Gürzel, into the party ranks, stated on Saturday that the CHP is struggling in a "vortex of 3K consisting of conflict, chaos, and crisis."
MHP leader Devlet Bahçeli stated that the indictments against CHP mayors should be prepared and the courts should begin.
In an interview with Sabah newspaper, Bahçeli noted that the congress case is an internal matter of the CHP while recalling the extraordinary congress discussions in the MHP that led to the establishment of the IYI Party in 2017.
Bahçeli expressed the view that "Others should not try to intervene with external interventions. In the past, they tried to make a similar intervention to us, but thank God they did not succeed."
POLITICAL OUTCOMES OF THE CASE
With the postponement of the case, it is stated that the CHP will continue on its path with increased strength. The expectation from the Extraordinary Congress on September 21 is that Özel will be re-elected as the party leader with the votes of all delegates.
Elbette, mevcut HTML içeriğini bozmadan metni İngilizce'ye çevirebilirim. Ancak, çevirmemi istediğiniz metni belirtmediniz. Lütfen çevirmemi istediğiniz metni paylaşın, böylece size yardımcı olabilirim.